20161236 Ver 1_More Info Requested_20170203

Environmental
Quality
February 3, 2017
CERTIFIED MAIL: 7016 0750 0000 7802 4959
RETURN RECEIPT REQUESTED
Thomas and Julie Gardner
44 Ford Avenue
Wharton, New Jersey 07885
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
JAY ZIMMERMAN
DWR Director
DWR # 16-1236
Chowan County
Subject: REQUEST FOR ADDITIONAL INFORMATION — SECOND REQUEST
Lots 30 & 31, Osprey Drive - Retaining wall, bulkhead, pier, platform, dwelling, pool,
deck, fill
Dear Mr. and Mrs. Gardner:
On December 12, 2016, the Division of Water Resources (Division) received your application dated
December 8, 2016, requesting a 401 Water Quality Certification from the Division for the subject project.
An additional information request was sent to you dated December 28, 2016, with a response received
on January 24, 2017. The Division has determined that the additional information provided is insufficient
to address the concerns raised in the initial request. The application is being placed 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 0.41 acres of wetlands
associated with the construction of the dwelling and access road.
This Office believes that the wetland impacts labeled on the plan as proposed can be moved or
reconfigured to avoid the impacts to the wetlands. 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 wetlands or 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.
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.
.-7;" Nothing +Compares'_.__,,
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Orations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

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 Chris Pullinger at 252-948-3922 or [e-mail] if you have any questions
or concerns.
Sincerely,
Chris Pullinger, Environmental Senior Specialist
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
cc: Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Lynn Mathis, DCM Elizabeth City (via email)
Doug Huggett, DCM Morehead City (via email)
George Wood, Environmental Professionals, Inc. (via email — [e-mail])
DWR WaRO 401 files
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