20090456 Ver 1_More Info Received_20090602

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DENR - WATER QUALITY
WETLANDS AND S7ORb11MSTEX ERANCH
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 26, 2009
DWQ Project # 09 0456
Ceret County
CERTIFIED MAIL: 7007 0220 0000 8224 8066
RETURN RECEIPT REQUESTED
North Galleon Bay Owners Association
Attn: Fred Burns
1669 New River Inlet Road
North Topsail Beach, NC 28460
Subject Property: Northern Galleon Bay Dredging Project
Request for More Information/Heading Towards Denial
Dear Mr. Burns:
On April 20, 2009, the Division of Water Quality (DWQ) Wilmington Regional Office (WiRO) received your
CAMA application dated April 17, 2009 for the dredging of the canal system at Northern Galleon Bay. 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 all of the
following information so that we may continue to review your project.
Additional Information Requested: ley'-e /V

1. The North Carolina Wildlife Resources Commission (NCWRC) and the Division of Marine Fisheries
(DMF) are concerned about the proposed impacts off the access canal in the bay section of the
proposed dredging (in front of Lots 25, 26, 27, 28 and 29). There appears not to be any documentation
that this area has had a previous permit?e. Since this area is considered a primary nursery area
(PNA}by (DMrJ. DTd Q is corce-med that your proposed project would cause significant adverse
impacts to the PNA, which would be considered a degradation of waters, which would result in
violations of the following Water Quality Standard
15A NCAC 02B.0201 ANTIDEGRADATION POLICY
(f) Activities regulated under Section 404 of the Clean Water Act (33 U.S.C. 1344) which require a
water quality certification as described in Section 401 of the Clean Water Act (33 U.S.C. 1341) shall
be evaluated according to the procedures outlined in 15A NCAC 2H .0500. Activities which receive a
water quality certification pursuant to these procedures shall not be considered to remove existing
uses. The evaluation of permits issued pursuant to G.S. 143-215.1 that involve the assimilation of
wastewater or stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H
.0506©(1)-(5) in determining the potential impact of the proposed activity on the existing uses of the
wetland per 15A NCAC 2H .0231.
Wilmington Regional Office
127 Cardinal Drive Extension Wilmington, NC 28405
Phone: [phone] / FAX: [phone]
Internet: www.ncyooterauality.org
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Customer Service 1-877-623-6748
Page Two
North Galleon Bay Owners Association
Attn: Fred Burns
DWQ # 09 0456
March 26, 2009 °
Please provide DWQ with documentation that the bay area has been previously permitted for dredging.
Otherwise, remove this area from the proposed project and DWQ will have no object to the project.
Please respond within three weeks of the-date of this letter by sending this information to me in writing and two
copies to Ian McMillan c% 401 Wetlands Unit, 2321 Crabtree Blvd, Raleigh, NC 276042260. Please reference
the DWQ Project # of 2009 0456 in all future correspondence. 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 me at 910.796.7215 or Ian McMillan at 919.715.4631 if you have any
questions regarding or would like tasetup a meeting to-discuss this matter-
Sincerely, ) C'?'?dy
Joanne Steenhuis
Senior Environmental Specialist
cc: Benton Dewar - Benton Dewar and Associates
Ian McMillan - DWQ 401 Oversight and Express Unit, Raleigh
Dave Timpy - USACE Wilmington Regulatory Field Office
Doug Huggett - DCM Morehead Office
Jon Giles - DCM Wilmington Office
Rich Carpenter - Division of Marine Fisheries Wilmington
WiRO
ANN '? ?? all