20180623 Ver 1_DWR Additional Information Requested (project on-hold letter)_20180524

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Water Resources LINDA CULPEPPER
Environmental Quality Director
May 24, 2018
DW R If 18-0623
Dare County
CERTIFIED MAIL: 70171070 0000 99221534
RETURN RECEIPT REQUESTED
Mark and Anita Frena
119 South Dogwood Trail
Southern Shores, North Carolina 27949
Subject: REQUEST FOR ADDITIONAL INFORMATION
121 South Dogwood Trail, Southern Shores — Proposed construction of a bulkhead,
filling behind the bulkhead, excavation of a two -slip basin, dredging within a man-
made canal, construction of a boathouse and pier within the basin, and installation
of a wooden boardwalk around the basin.
Dear Mr. and Mrs. Frena:
On May 7, 2018, the Division of Water Resources (Division) received your application dated February 5,
2016, requesting a 401 Water Quality Certification from the Division for the subject project. The Division
has determined that your application is incomplete and cannot be processed. The application is on -hold
until all of the following information is received:
1. Impact Justification (Avoidance and Minimization)
Please provide more details regarding avoidance and minimization of impacts to 0.13 acres of
waters/wetlands associated with the construction of the bulkhead, basin, boathouse, pier, and
boardwalk. (15A NCAC 02H.506 (f) and (g)).
(f) A lack of practical alternatives may be 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 practically accomplished in a manner which would avoid or
result in less adverse impact to surface waters or wetlands.
(g) Minimization of impacts may be demonstrated by showing that the surface waters or wetlands
are able to continue to support the existing uses after project completion, or that the impacts are
required due to: (1) The spatial and dimensional requirements of the project; or (2) The location
of any existing structural or natural features that may dictate the placement or configuarion of
the proposed project; or (3) The purpose of the project and how the purpose relates to placement,
configuration or density.
• This should include alternative designs and layouts of the project area.
• This Office believes that the wetland impacts labeled on the plan as proposed can be moved
or reconfigured to avoid the impacts to the 404/401 wetlands. Please revise the plans to
Ci Nothing Compares:.._
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina27889
252-946-6481

avoid the impacts or provide a detailed explanation of why this plan for the activity cannot be
practically accomplished, reduced or reconfigured to avoid impacts to the open waters.
Pursuant to 15A NCAC 2H. 0506 (6)(f) and Title 15A NCAC 02H .0506 (6)(g), the applicant shall furnish all
of the above requested information for the proper consideration of the application. If all of the requested
information is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be returned. The return of this project will necessitate
reapplication to the Division for approval, including a complete application package and the appropriate
fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of
the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh,
NC 27699-1617.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Chris Pullinger at 252-948-3922 or chris.oullinaerC@ncdenr.¢ov if you have any questions
or concerns.
Sincerely,
Chris Pullinger, Environmental Specialist II
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
cc: Josh Pelletier, USACE Washington Regulatory Field Office (via email)
Shane Staples, DCM Washington (via e-mail)
Maria Dunn, NCWRC Washington (via e-mail)
Ron Renaldi, DCM Elizabeth City (via e-mail)
Gregg Bodnar, DCM Morehead City (via e-mail)
George Wood, Environmental Professionals, Inc. (via email —[e-mail])
DWR WaRO 401 files
Laserfiche

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Coastal Management
ENVIRONMENTAL QUALITY
May 4, 2018
MEMORANDUM
TO:
RECEIVCD!,N1 CDENR1D WR
MAYO 7 2018
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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Anthony Scarbraugh, DWR - Water Quality - 401, WaRO
FROM: Doug Huggett, Major Permits Coordinator
c/o Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Permit Application Review
Applicant: Mark and Anita Frena
Project Location: 121 S. Dogwood Trail, Dare County
Proposed Project: Construct a bulkhead, excavate a two -slip basin, dredge within a man-made
canal, construct a boathouse and pier within the basin and install a wooden
boardwalk around the basin.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 05/25/18 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: [phone]).
If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-
3901. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED �,Irk�-J DATE r1
� �v,s '1- aoIS-aba3
--:�" Nothing Compares
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909
252-264-39011252-331-2951 [fax]

Strickland, Bev
From: Pullinger, Robert C
Sent: Thursday, May 24, 2018 5:02 PM
To: Bodnar, Gregg
Cc: Pelletier, Josh R CIV CESAW CESAD (US); Staples, Shane; Dunn, Maria T.; Renaldi,
Ronald
Subject: FW: Mark and Anita Frena - 121 S. Dogwood Trail (Southern Shores) - DWR
Additional Information Requested (project on -hold letter)
Attachments: 2018-0623 DWR On -hold letter for CAMA MAJOR.pdf, 2018-0623 DWR comment
sheet for CAMA MAJOR.PDF
G regg,
Please find attached the comment sheet for this project, as well as the letter sent to the applicant requesting additional
information required to process/consider the application by DWR. The current DWR project number is 2018-0623, but
there is also a previous project that was requested for the same property (and subsequently returned/withdrawn) , with
the DWR/BIMS project number of 2016-0478. If you have any questions, please let me know how I can be of help.
Chris Pullinger
Environmental Specialist II
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3922 office
chris.pullingera-ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
From: Pullinger, Robert C
Sent: Thursday, May 24, 2018 5:00 PM
To: 'George Wood' <[e-mail]>
Subject: Mark and Anita Frena - 121 S. Dogwood Trail (Southern Shores) - DWR Additional Information Requested
(project on -hold letter)
Mr. Wood (George),
Please find attached an electronic carbon copy of the additional information request being sent to the Frenas, for the
project at 121 S. Dogwood Trail (Southern Shores, NC) in Dare County, as part of their CAMA Major Permit
application. If you have any questions, please let me know how I can be of help.
Chris Pullinger
Environmental Specialist II
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3922 office
chris.pullinger(a)ncdenr.gov
943 Washington Square Mall

Washington, NC 27889