20060913 Ver 1_More Info Letter_20060727

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 27, 2006
CERTIFIED MAIL: 7005 1820 0007 9584 1267
RETURN RECEIPT REQUESTED
Mr. John Lomax
Sunset Station, LLC
212 South Elm Street
Greensboro, NC 27401
Subject Property: The Shoreline at Sunset Beach
REQUEST FOR MORE INFORMATION
Dear Mr. Lomax:
DWQ Project # 060913
Brunswick County
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On May 31, 2006, the Division of Water Quality (DWQ) received your application dated May 13, 2006 to
impact 0.006 acres of wetlands and 299 feet of stream to construct the proposed multi-family buildings,
parking and ammenities. 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 the following information so that we may continue to
review your project.
Additional Information Requested:
1. Water Quality Certification
You have proposed impacts to 299 linear feet of streams under a Nationwide 39 Permit from the
USAGE; however, the U.S. Army Corps of Engineers (USAGE) has determined that the project as
proposed does not meet the conditions of a Nationwide 39. Please contact the USAGE to determine
which permit they will allow you to use.
2. Impact Justification (Avoidance and Minimization)
Under Section VII of your application, the impact justification states that the project is not
financially viable without building 4 and additional parking. Please provide an economic analysis
to support this claim. Please also explore all possible alternatives, including but not limited to,
building height (number of floors), building size, number of buildings, number of condominiums,
parking spaces required, etc. The project as proposed has not demonstrated adequate avoidance and
minimization of the stream.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service1-877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCarolina
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper ,~aturallZ~

Sunset Station, LLC
Page 2
July 27, 2006
Jurisdictional Wetlands, Waters and Streams
Please remove the wetland areas from the plan and wetland impact areas from the PCN application
as requested by the USACE. These areas are not jurisdictional. Please provide a copy of the
jurisdictional determination map signed by the USACE.
4. Applicant Signature
Please verify that a Managing Member of Sunset Station, LLC, has signed the PCN. Please note
that an agent authorization letter must be provided if the agent has signed the application.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Cyndi Karoly of the DWQ 401 Oversight Unit. 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 910-797-7215 or Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Noelle Lutheran
Environmental Specialist III
CBK/nml
cc: Christopher W. Hay, Trigon Engineering and Consulting, Inc.
Ian McMillan, DWQ 401 Oversight and Express Unit, Raleigh
Jennifer Frye, USACE Wilmington Regulatory Field Office
Noelle Lutheran, DWQ Wilmington Regional Office (File Copy)
Central Files
Filename: 060913. j u106