20180623 Ver 1_DWR On-hold letter for CAMA MAJOR_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
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