20090427 Ver 1_More Info Letter_20090709

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NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Resources
Dee Freeman
Secretary
July 9, 2009
CERTIFIED MAIL:
47007 3020 0001 8861 0876
Carl Spruill
161 Wellman Street
Norfolk, VA 23502
Subject Property: 73 Waterfront Road
REQUEST FOR MORE INFORMATION
Dear Mr. Spruill:
DWQ Project # 09-0427
Tyrrell County
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. On June 30, 2009 the DWQ issued
you a second "Request for More Information" letter requesting that you provide an
engineered model or situational calculations to verify the "Bay of Fundy" effect and its
associated impacts requiring the specific bulkhead alignment as well as engineering
calculations to verify that the minimum amount of rip rap is used to provide protection to
the proposed structure.
The DWQ received your consultant's response to our June 30, 2009 letter on July 6,
2009. This response only provided assertions that the "Bay of Fundy" effect causes the
erosion issues on your property but did not provide any of the engineered models or
situational calculations to support his theory. The information requested in our June 30,
2009 letter is required for the DWQ to make the determination that your project will not
violate Water Quality Standards.
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Therefore, unless we receive the additional information requested in our June 30, 2009
letter, we will have to move toward denial of your application as required by 15A NCAC
2H .0506. Your project will remain on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review
your project.
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.
Le rely
en H. ullins -A
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