20090427 Ver 1_More Info Letter_20090630

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 30, 2009
DWQ Project # 09-0427
Tyrrell County
CERTIFIED MAIL:
#7007 3020 0001 8861 0852
Carl Spruill
161 Wellman Street
Norfolk, VA 23502
Subject Property: 73 Waterfront Road
REQUEST FOR MORE INFORMATION
Dear Mr. Spruill:
On April 15, 2009, the Division of Water Quality (DWQ) received your application dated
March 19, 2009 to impact 0.10 acres of waters and 0.02 acres of wetlands for the purpose
of replacing an existing bulkhead and add additional slippage to an existing pier. The
DWQ placed your project on "Hold" for additional information on May 19, 2009 and
received your consultant's response on May 22, 2009. The DWQ has determined that
your application was incomplete and provided inaccurate information as discussed
below. Therefore f 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 the following information so that we may continue to review your project.
Additional Information Requested:
1. Avoidance and Minimization
The DWQ received your response to our May 19, 2009 "Request for Information"
letter were it was indicated that due to the "Bay of Fundy" effect the project could
not be minimized to avoid impacts to waters and wetlands. The DWQ is unaware
of drastic wind or lunar tidal fluctuations in the Albemarle Sound that could cause
North Carolina Division of Water Quality Internet: www.ncAater ul ahtv.ora
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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erosive conditions such as the Bay of Fundy and necessitate the proposed
shoreline configuration. The DWQ will require you to provide an engineered
model or situational calculations to be reviewed that verify the conditions on the
Spruill property warrant the proposed shoreline configuration. Please also provide
engineering calculations that demonstrate that the size and amount of rip rap
placed in front of the bulkhead and the proposed groin are calculated to provide
for the minimum amount of fill and still provide structural integrity of the vertical
structure and the entrapment of silt material from lateral shoreline transportation.
No justification is required by the DWQ if impacts are minimized to the following
specifications; new bulkhead installed no more than 2ft waterward of the existing
bulkhead structure and the rip rap is installed at a 2:1 slope and the groin is
installed with a base width no greater than eight (8) feet and not to exceed one (1)
foot above normal water level.
Please respond in writing to the DWQ within four weeks of the date of this letter with the
requested information. If we do not hear from you within four 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 Kyle Barnes
of the Washington Regional Office at 252-948-3917or Ian McMillan of the DWQ Central
Office at 919-733-1786 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
Coleen . u ms
cc: 4010versight/Express Permitting Unit
USACE Washington Regulatory Field Office
File Copy
CAMA: Doug Hugget/Morehead
Hood Richardson, 110 west Second Street, Washington, NC 27889
Filename: 09-0427