20081516 Ver 1_More Info Letter_20081024

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October 24, 2008
CERTIFIED MAIL: 7007 0220 0000 8222 7610
RETURN RECEIPT REQUESTED
WRI - Hughes Surf City, LLC
Attn: Mr. Jeff Baran
6409 Westgate Road
Raleigh, NC 27617
CERTIFIED MAIL: 7007 0220 0000 8222 7603
RETURN RECEIPT REQUESTED
Sound Development, LLC
Attn: Mr. Howard Penton
6345 Shinnwood Drive
Wilmington, NC 28409
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins Director
Division of Water Quality
DWQ Project # 08 1516
Pender County
Subject Property: Harris Teeter and Captiva Commons Commercial Development
REQUEST FOR MORE INFORMATION
Dear Messers. Baran and Penton:
On October 17, 2008, the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) received your
401 Pre Construction Notification (PCN) application dated September 26, 2008 for 0.49 acres of
permanent impacts and 0.47 acres of temporary impacts and 0.17 acres of isolated wetland impacts for
your proposed commercial development. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we
receive the additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional
information. Please provide all of the following information so that we may continue to review your project.
Additional Information Requested:
1. A large overall plat map showing the complete site and impacts is needed (the 11 x 17 are good
for the files but a large 24 X 36 would benefit the reviewer).
2. Information needs to be provided that shows avoidance and minimization of impacts for this
project was considered and that there are no practical alternatives. Please respond to the
following:
A) Wetland impact # 6-please provide justification that the number of storage units. If at
least 5 units were omitted, the wetland impacts could be avoided.
B) Wetland impact # 8 for building # 1. Could the footprint of the building be reduced to avoiAl
the wetland impacts altogether? N °e Carolina
hma!!rf
North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone [phone] Customer Service
Wilmington Regional Office Internet: www.ncwaterquality.org Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page Two
WRI - Hughes Surf City, LLC
Attn: Mr. Jeff Baran
Sound Development, LLC
Attn: Mr. Howard Penton
Harris Teeter and Captiva Commons
C) Wetland impacts # 12 and # 13 for building # 2. Again could the building footprint be reduced
and avoid all wetland impacts?
D) Could building # 16 not be relocated back to the original location (as approved by the Surf City
Planning Board) and therefore removing the wetland # 17 impact?
E) Can the turnaround by building # 18 be rotated more towards the building (to almost paralleling
the building) and therefore allowing the other arm of the turnaround to rotate out of the wetlands
and avoid wetland impact # 18?
F) Please explain why there is so much temporary impact associated with wetland impact # 16.
G) Reduce the number of storage units to reduce the wetland impacts # 1 and # 3.
H) Please explain the width of the impacts necessary at wetland impact # 3 adjacent to the public
street.
1) Could the footprint of building # 3 be reduced to minimize additional wetland impacts
associated with wetland impact # 15?
J) Also associated with wetland impact # 15, could the hammerhead turnaround at the boat storage
area be realigned so that the wetland impact would not be necessary?
K) Please explain why the future access road (wetland impact # 1) could not be made to parallel
the proposed public street more and reduce the amount of wetlands impacted.
3. The WRI Hughes Surf City, LLC is shown that it has been withdrawn on the Secretary of State's
Website and can no longer be considered a viable applicant. Please correct the application or get
the entity reinstated on the Secretary of State's Website.
4. At a minimum, DWQ requires that deed notifications (or restrictive covenants if required by the
US Army Corps of Engineers) be recorded for the remaining jurisdictional waters/wetlands. A
sample deed notification can be found on the DWQ 401 Water Quality Certification web site and
the USACE language is found on their website. Please provide a Draft copy that includes the
proposed preservation language that will be recorded to accomplish this.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and two copies to Ian McMillan c/o 401 Wetlands Unit, 2321 Crabtree Blvd, Raleigh, NC 27604-2260.
Please reference the DWQ Project # of 20081516 in all future correspondence. If we do not hear from
you within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
Page Three
WRI - Hughes Surf City, LLC
Attn: Mr. Jeff Baran
Sound Development, LLC
Attn: Mr. Howard Penton
Harris Teeter and Captiva Commons
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
919.715.4631 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Joanne Steenhuis
Senior Environmental Specialist
cc: Dana Lutheran - Southern Environmental Group, Inc.
Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Ronnie Smith - USACE Wilmington Regulatory Field Office
Stephen Rynas - DCM Morehead Office
Central Files
WiRO