20072055 Ver 1_More Info Letter_20080806

0'0? W AT,'T Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
U Colleen Sullins, Director
Division of Water Quality
August 6, 2008
DWQ Project # 07-2055
New Hanover County
CERTIFIED MAIL: 7007 0220 0000 82251998
RETURN RECEIPT REQUESTED
The Oleander Company, Inc.
Attn: Nelson MacRae
1303-A Independence Boulevard
Wilmington, NC 28406
Subject Property: Independence Apartments
New Hanover County
REQUEST FOR MORE INFORMATION
Dear Mr. MacRae:
On December 10, 2007, the Division of Water Quality (DWQ) received your Pre-Construction
Notification (PCN) application for the above referenced project. Most recently, additional
information was received by the DWQ on July 22, 2008. The DWQ has determined that the
additional information submitted was incomplete and/or provided inaccurate information as
discussed below. The DWQ will require further additional information in order to process your
application to impact protected wetlands and/or streams on the subject property. Therefore,
unless we receive five copies of the additional information requested below, we will place this
project on hold as incomplete until we receive this additional information. If we do not receive
the requested information, your project will be formally returned as incomplete. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
The Declaration of Restrictions provided as part of the mitigation plan for this project is not
acceptable in its current form. Guidance for this type of mitigation can be found online at:
http://www.saw.usace.anny.mil/WETLANDS/Mitigation/preservation html and as an
attachment to this letter. Preservation of property for compensatory mitigation purposes
should consist of maintaining the property in its "natural condition". Prohibited activities
on the property should include all construction, grading, filling, excavating, ditching,
draining, as well as the removal, cutting, mowing, burning, or harming of vegetation.
Please revise the submitted Declaration of Restrictions to resemble the model preservation
documents as found above on the website.
2. Once the initial review of the revised Declaration of Restrictions is completed by the
DWQ, final approval from the Office of the Attorney General of North Carolina will be
required before issuance of the 401 Water Quality Certification and the State General
Permit for impacts to isolated wetlands IWGP100000.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarollna
Mity/N/7/k/
Independence Apartments
2007-2055
New Hanover County
Respond within 30 calendar days of the date of this letter. If you will not be able to provide the
requested information within that timeframe, please provide written confirmation that you intend
to provide the requested information, and include a specific timetable delineating when the
requested materials will be provided. If we do not hear from you in 30 calendar days, we will
assume that you no longer want to pursue this project and we will consider the project as
returned.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your
application are not authorized (at this time) by the DWQ. Please call me at 910-796-7215 or
Ian McMillan at 919-733-1786 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sinc rely
U a,4?
Chad Coburn
Senior Environmental Specialist
Attachments: "Model Conservation Easement", "Restrictive Covenants Guidance", "Model
Declaration of Restrictions", "Wilmington District Process for Preservation of Mitigation
Property"
cc: Jennifer Frye - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight and Express Unit
Noelle Winstead - Cape Fear Engineering, Inc., 151 Poole Road, Suite 100,
Belville, NC 28461
Central Files
WIRO