20141138 Ver 3_More Info Requested_20161201 (2)

Environmental
Quality
December 1, 2016
CERTIFIED MAIL: 7016 0750 000109017907
RETURN RECEIPT REQUESTED
Kitty Hawk Landing Association, Inc.
Attn: Mr. Robert Darden and Mr. Peter Collins
PO Box 923
Kitty Hawk, NC 27949
Subject: REQUEST FOR ADDITIONAL INFORMATION
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
JAY ZIMMERMAN
DWR Director
DWR # 14-1138 Ver. 3
Dare County
Kitty Hawk Landing Association — Reconfiguration of rock permitted for jetty walls
Dear Messrs. Darden and Collins:
On November 22, 2016, the Division of Water Resources (Division) received your application dated
November 15, 2016, requesting a 401 Water Quality Certification from the Division for the subject project.
The Division has determined that your application is incomplete and cannot be processed. The
application is on -hold until all of the following information is received:
1. Impact Justification (Avoidance and Minimization)
Please provide more details regarding avoidance and minimization of 0.33 acres of open water
impacts associated with the reconfiguration of the rock permitted for the jetty walls. This
previous project was permitted under DWR Project No. 14-1138 on November 19, 2014. [15A
NCAC 02H .0506(f) and (g)]
This should include alternative designs and layouts of the project area to address how the
requested reconfiguration will function without secondary and cumulative impacts to submerged
aquatic vegetation beds located approximately 5 feet from the proposed northern alignment.
This Office believes that the open water impact labeled on the plan as proposed 26' wide 245'
long rock jetty can be moved or reconfigured to avoid the impacts to the open waters. Please
revise the plans to avoid the impacts or provide a detailed explanation of why this plan for the
activity cannot be practically accomplished, reduced or reconfigured to avoid impacts to the open
waters.
Pursuant to 15A NCAC 2B. 0222 (1)(2) and Title 15A NCAC 02H .0506 (a)(7) and (b)(2) the applicant shall
furnish all of the above requested information for the proper consideration of the application. If all of the
requested information is not received in writing within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the Division for approval, including a complete application package and the
appropriate fee.
x''- Nothings Compares`'_'.
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of
the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh,
NC 27699-1617.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have
any questions or concerns.
Sincerely,
96LA j
Robert Tankard, Assista t Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
cc: Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Ron Renaldi, DCM Elizabeth City (via email)
Doug Huggett, DCM Morehead City (via email)
DWR WaRO 401 files
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