20070816 Ver 2_More Info Letter_20081126

o?oF w A rFggG Michael F. Easley, Governor
, William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 26, 2008
DWQ Project # 07-0816v2
Brunswick County
CERTIFIED MAIL: RETURN RECEIPT REOUESTED
Cert. # 7008-1140-0002-9563-1922
Eagle Creek Subdivision, LLC
Mr. Scott Stover
521 East Morehead Street, Suite 405
Charlotte NC 28202
Subject Property: Eagle Creek
REQUEST FOR MORE INFORMATION
Dear Mr. Stover:
On October 13, 2008, the Division of Water Quality (DWQ) received your After-The Fact Pre-
Construction Notification (PCN) application to impact approximately 0.29 acres of Isolated
Wetlands and 102 linear feet of stream for construction of a residential subdivision. 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 the following
information so that we may continue to review your project.
Additional Information Requested:
1. Please re-submit your site plans on full plan sheets at a scale of no smaller than 1 "=50'
with topographic contours shown.
2. Please provide an agent authorization letter for the application signature.
3. Deed restrictions or similar mechanisms shall be placed on all retained jurisdictional
wetlands and waters per General Certification 3705 (GC3705). These mechanisms shall
be put in place at the time of recording of the property or of individual lots whichever is
appropriate. Please provide a Draft Copy that includes the proposed preservation
language that will be recorded to accomplish this or provide a copy of the deed
restrictions required through the previous authorization for this site under General
Certification 3631.
North Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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2
Eagle Creek
Brunswick County
2007-0816v2
4. Please provide stream determination documentation on the site (upstream and
downstream photos and DWQ stream identification forms) for the stream impacted at
Utility Crossing Ul and Roadway Crossing #1.
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 Ian McMillan, 401 Wetlands Unit, 2321 Crabtree Blvd, Raleigh,
NC 27604-2260. 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.
Sincerely,
Chad Coburn
Senior Environmental Specialist
cc: Margaret Gray - McKim & Creed, 243 North Front Street, Wilmington, NC 28401
Kim Garvey - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight and Express Unit
WiRO