20060734 Ver 1_Approval Letter_20061018

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~ G Michael F. Easley, Governor
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y' William G. Ross Jr., Secretary
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-- North Carolina Department of Environment and Natural Resources

~ ~ Alan W. Klimek, P.E. Director
Division of Water Quality
October 18, 2006
DWQ Project # 06-0734
Pamlico County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. John Sheppard
Pamlico Consort, LLC
PO Box 181
Oriental, NC 28571
Subject Property: Pointe Marina Condominiums
Browns Creek [030410, 27-141-3, Sa, HQW, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Sheppard:
On Apri128, 2006 the Division of Water Quality (DWQ) received your application dated April
24, 2006, with additional information received by the DWQ on June 15, 2006. In addition, DWQ
received your Major Variance application on August 14, 2006 dated July 26, 2006 to impact
1,033 square feet of Zone 1 of the protected riparian buffers and 733 square feet of Zone 2
protected riparian buffers to construct the proposed condominiums. On June 29, 2006, the DWQ
again requested additional information from you, however, to date you have only addressed one
of the two items in the June 29, 20061etter. As requested in the letter, DWQ has not received any
written confirmation from you as to whether the Division of Coastal Management (DCM) will
need to permit any portion of the project for the Area of Environmental Concern. Therefore, the
DWQ has determined that your application remains 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 five copies of 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. You noted in your application materials that this project occurs within an Area of
Environmental Concern, and that you anticipated that a LAMA Permit from the Division of
Coastal Management (DCM) would be required for portions of this project. Please note that
the Field Investigation Report prepared by DCM will be a necessary component of a
complete application. This report would be forwarded to DWQ directly from DCM upon
receipt of all materials necessary to circulate the application for review. If DCM has notified
NotYhCarolina
401 Oversight/Express Review Permitting Unit ~Qtlll'Q~~l,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc,us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Pamlico Consort, LLC
Page 2 of 2
October 17, 2006
you that a CAMA Permit is in fact not required for the proposed activity, please provide
confirmation of that determination.
Please contact the DWQ within three weeks of the date of this letter to verify that you have
received this letter and that you remain interested in continuing to pursue permitting of your
project and will be providing the DWQ the requested information at a later date. Please contact
me in writing and Kyle Barnes of the DWQ Washington Regional Office. 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.
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 Ms. Cyndi Karoly or Ms. Amy
Chapman at 919-733-1786 and Kyle Barnes at 252-946-6481 if you have any questions
regarding or would like to set up a meeting to discuss this matter. ,~
3i Karoly, Supervisor
Oversight/Express Review Permitting Unit
CBK/asc
cc: Mr. Kyle Barnes, DWQ Washington Regional Office
Division of Coastal Management; 943 Washington Square Mall; Washington, NC 27889
USACE Washington Regulatory Field Office
Mr. Kevin Avolis; Avolis Engineering, P.A.; PO Box 15564; New Bern, NC 28561
File Copy
Central Files
Filename: 060734PointeMarinaCondomi niu ms(Pamlico)On_Hold2