20080525 Ver 1_More Info Letter_20080723

W A TF9p Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
O Coleen H. Sullins, Director
Division of Water Quality
September 12, 2008
DWQ Project # 2008-0525
Pender County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Jaganathan Gnanasekaran
1313 Brookside Gardens Drive
Wilmington NC 28411
Subject Property: Gnanasekaran Property, Hampstead
Ut to Harrison's Creek [030623, 18-74-49, C, SW]
REQUEST FOR MORE INFORMATION
Dear Mr. Gnanasekaran:
On July 23 and August 27, 2008, the Division of Water Quality (DWQ) received additional
information from your consultant, Mr. James Taylor of Southern Environmental Group, Inc.,
regarding your proposal to fill 0.988 acres of non-404 jurisdictional wetlands to construct a
commercial development at the referenced property. We have concluded that these materials do
not sufficiently address the concerns we relayed to you in correspondence dated March 27, 2008.
In order for us to continue reviewing your application materials in accordance with the Isolated
Wetlands Rules (15A NCAC 02H. 1300), please address these specific issues and technical
details:
As previously requested: "Information needs to be provided that shows avoidance and
minimization of impacts for this project was considered and that there are no practical
alternatives. An economic analysis should be included if a reduction in size of the project
is not practicable. " In your response, you stated that "The project has been designed to
avoid and minimize impacts where required in order to accomplish the basic purpose -
develop the property for office and/or retail establishment development in harmony with
development in the area while providing a reasonable return to the property owner."
However, note #3 on the site plan included with your application shows the area of
existing wetlands on the property to be exactly equal to the area of proposed wetland
impact, namely 43,059 square feet (0.988 acre). No minimization of wetland impact has
been achieved in your proposed project design. Furthermore, observation of other
business establishments in the vicinity of this site by DWQ staff has shown that
successful businesses in two-story buildings are located throughout the project locality.
Again, please provide compelling evidence that you have considered alternative project
I'o'thCarolina
401 Oversight/Express Review Permitting Unit awmlly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Jaganathan Gnanasekaran
Page 2 of 3
September 12, 2008
designs or locations that would minimize the footprint of wetland impact. Thus far, you
have not provided data regarding the potential for a reduction in size, configuration or
density for an establishment of this type on this property. Furthermore, we are uncertain
of the actual two-dimensional fill area, since you proposed to fill all wetlands on the
property. It would be helpful to show the actual fill slopes on your site plan. Most of the
the western and southern borders of the property are wetlands. Are you proposing to
build retaining walls on both sides of the property to contain the fill? It is vital that you
provide accurate data regarding the area of wetlands fill, since your proposed fill area is
only 0.012 short of the threshold for requiring an Individual Isolated Wetlands Permit,
along with the requisite Public Notice and public involvement process, as well as the
threshold for requiring wetlands mitigation.
2. As previously requested, please provide information regarding the basic size, suitable
type and configuration of the stormwater treatment facility intended to be placed in the
"Area Reserved for Pond" shown on your site plan. We have received no data to suggest
that the area reserved is sufficient to allow for a facility that will be of a suitable type and
size to meet the requirements of the July 2007 version of the NC Stormwater Best
Management Practices Manual, particularly since you have proposed to maximize impact
to the edge of the property boundary. At a minimum, you need to perform basic
calculations indicating that a sufficient two-dimensional area has been reserved in the
context of the receiving waters. It is highly likely that the built-upon area will directly
affect the area needed for the stormwater treatment facility. Designing to achieve a
smaller wetland impact footprint may reduce the area needed for a stormwater treatment
facility. You are advised that DWQ will not elect to issue a conditional 401 until this
issue has been addressed with data.
Please respond in writing within 30 calendar days of the date of this letter by sending a copy of
this information to me and to Joanne Steenhuis of the DWQ Wilmington Regional Office (127
Cardinal Drive Extension, Wilmington, NC, 28405). 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 within 30 calendar days, we
will assume that you no longer want to pursue this project and we will consider the project as
returned. Mr. Taylor has indicated his client's interest in meeting in Raleigh to discuss this
matter further. We are happy to discuss this matter with the parties involved in this application,
to include Mr. Gnanasekaran, the realtor Mr. Terry Walters, and Mr. Taylor.
mr. jaganatnan unanasexaran
Page 3 of 3
September 12, 2008
Please be aware that at this time you have no authorization under 15A NCAC 02H .1300 -
Isolated Wetlands Rules for this activity, and any work done within Waters of the State would be
a violation of North Carolina General Statutes and Administrative Code. Please call Ms. Cyndi
Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions.
Sincerely,
?' /f -0--4?4
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Ed Beck/Joanne Steenhuis, DWQ Wilimington Regional Office
USACE Wilmington Regulatory Field Office
Matt Matthews, DWQ Wetlands and Stormwater Branch Manager
File Copy
Central Files
Amanda Kolb - Southern Environmental Group, Inc., 5315 South College Road, Suite E,
Wilmington, NC 28412
James Taylor - Southern Environmental Group, Inc., 5315 South College Road, Suite E,
Wilmington, NC 28412
Terry Walters - Realty Executives, 805 S. Topsail Drive, Surf City, NC, 28445
Filename: 080525Gnanasekaran(Pender)AddInfo
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1. Article Addressed to:
Mr. Jaganathan Gnanasekaran
561 Ambergate Place NW
Concord, NC 28027
DWQ# 2008-0525-Pender
2. Article Number
(Transfer from servico
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NC DENR Division of Water Quality
401 Oversight/Express Unit
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Raleigh, NC 27604
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