20090157 Ver 1_More Info Letter_20090416

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
April 16, 2009
Dee Freeman
Secretary
Mr. William H. Smith
115 Linden Drive
Danville VA 24541
Subject Property:
Scotchman 421 Truck Plaza Expansion
REQUEST FOR MORE INFORMATION
Dear Mr. Smith:
DWQ Project # 09-0157
New Hanover County
On March 4, 2009, the Division of Water Quality (DWQ) received the Public Notice issued by
the U.S. Army Corps of Engineers to fill or otherwise impact 0.72 of 404 Wetlands for the
purpose of expanding the existing Scotchman Truck Plaza. 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 five copies of the
additional information requested below, we will have to recommend moving towards 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.
Additional Information Requested:
1. This site was previously permitted for 0.21 acres of 404 impacts but as indicated in the
application packet, considerably more impacts were constructed than approved. Provide
an accurate description of the cumulative impacts to jurisdictional waters for this site.
This includes impacts previously permitted under section 404 of the Clean Water Act and
proposed impacts for the present expansion.
You do not appear to have avoided and minimized to the greatest extent practicable. Please
explain why buildings and/or parking areas may not be eliminated, reduced in size, or
reconfigured to reduce wetland impacts. Also, provide additional information as to the
alternative off sites looked at and detail the criteria reviewed and why other sites were
deemed unsuitable for this project.
3. The design of the project as proposed has not demonstrated that there is no practical alternative
that would avoid or result in less adverse impacts to surface waters in accordance with NC
Administrative Code 15A NCAC 21-1.0506. Specifically, a lack of practical alternatives have not
been shown by demonstrating that, considering the potential for a reduction in size, configuration
or density of the proposed activity and all alternative designs, the basic project purpose cannot be
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] l Customer Service: 1-877-623-6748 NorthCarohna
Internet: www.ncwaterquality.org ?atur?ll?
An Equal Opportunity l Affirmative Action Employer
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Scotchman 421 Truck Plaza Expansion
New Hanover County
2009-0157
practically accomplished in a manner which would avoid or result in less adverse impacts to
surface waters. It is strongly recommended that you select an alternative design that avoids the
wetlands or significantly reduces the impacts on the subject property.
4. Include the location of utilities to show that additional wetland impacts will not be
required.
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: Amanda Kolb - Southern Environmental Group, Inc., 5315 South College Road, Suite E,
Wilmington, NC 28412
Emily Hughes - USACE Wilmington Field Office
Stephen Rynas - DCM Morehead City
Molly Ellwood - NC Wildlife - Wilmington
Rich Hall - Marine Fisheries - Wilmington
Ian McMillan - DWQ 401 Oversight and Express Unit
WiRO