20090427 Ver 1_Notice of Withdrawal_20090812

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 12, 2009
DWQ Project # 09-0427
Tyrrell County
CERTIFIED MAIL
#7007 3020 0001 8861 0913
Carl Spruill
161 Wellman Street
Norfolk, VA 23502
Subject Property: 73 Waterfront Road, Albemarle Sound
RETURN OF APPLICATION
Dear Mr. Spriull:
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 adding additional slippage to an existing pier. On
May 19, June 30 and July 9, 2009 you were issued "Request for More Information"
letters. On May 22, July 6, and August 7, 2009 your consultant, Hood Richardson,
submitted partial responses to the requested information. The DWQ has determined that
your application was still incomplete and/or provided inaccurate information. The DWQ
will require additional information in order to process your application to impact
protected wetlands and waters on the subject property. Since this project was put on hold
for additional information and your response did not address our questions, we are
returning your application. If you want to carry out this proposed impact, you will
need to reapply and pay the 401 Certification fee again. If you want to reapply, please
provide the following information so that we may review your project.
Additional Information Requested:
Avoidance and Minimization
The DWQ will require you to provide an engineered model or situational
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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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.
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.
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.
S'ncerely
Coleen H. Su
4bZ-4
cc: 4010versight/Express Permitting Unit
USACE Washington Regulatory Field Office
File Copy
CAMA: Doug Hugget/Morehead
CAMA: WaRO
Hood Richardson, 110 west Second Street, Washington, NC 27889
Filename: 09-0427