20060913 Ver 1_More Info Letter_20061222

~oF W a rF9 p Michael F. Easley, Governor
~~ G William G. Ross Jr., Secretary
~ ~ North Carolina Department of Environment and Natural Resources
~ ~
~ -~ Alan W. Klimek, P.E. Director
Division of Water Quality
December 22, 2006
DWQ Project # 060913
Brunswick County
CERTIFIED MAIL: 7005 0390 0001 3200 5427
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:
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. This office requested additional information on July 27, 2006. A response to the
request was received by the DWQ on October 31, 2006. The DWQ has determined that your application
was incomplete and the additional information provided did not address DWQ concerns as discussed
below. The DWQ will require additional information in order to process your application to impact the
protected stream 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. Practical Alternatives
The design of the project as proposed and the additional information provided has not demonstrated
that there is no practical alternative that would avoid or result in less adverse impacts to surface
waters in accordance with NC Administrative Code 15A NCAC 2H .0506. Specifically, a lack of
practical alternatives have not been shown by demonstrating that, considering the potential for a
reduction in size, configuration or density of the proposed activity and all alternative designs the
basic project purpose cannot be practically accomplished in a manner which would avoid or result
in less adverse impacts to surface waters. It is strongly recommended that you select an alternative
design that avoids the stream or significantly reduces the impacts to the stream on the subject
property.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service1-87723-6748 One
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCaro/l/ina
An Equal OpportunitylAffirmative Action Employer- 50% Recycledll0% Post Consumer Paper ~atura[[~

Sunset Station, LLC
Page 2 of 2
December 22, 2006
2. Stormwater Treatment
The proposed stormwater treatment system includes a 50' vegetative filter. The proposed location
of this filter is in the stream channel and accounts for 50' of the stream impacts. This filter should
not be located in the stream channel. In addition, the stormwater system includes bypassing all off-
site stormwater runoff that currently drains through the natural drainage feature (an unnamed
tributary to the Intracoastal Waterway, class SA HQW) through a pipe that will directly discharge
300 feet downstream. The stream outlets to waters, which are open to the taking of shellfish and
designated Primary Nursery Area by the NC Division of Marine Fisheries. Adequate protection of
downstream water quality standards has not been demonstrated by the proposed on-site stormwater
control measures. The existing uses of downstream waters could be adversely impacted by the
project as proposed. Avoiding direct impacts to the stream and locating the vegetative filter outside
of the channel would remove the need for the bypass pipe and would address these concerns.
3. Natural Heritage Program Comments
The DWQ has received comments (attached) from the NC Natural Heritage Program concerning
Federal Species of Concern and State Endangered Species near the project area. Please provide an
on-site survey and address these comments in your response.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and 5 copies of the information to Cyndi Karoly of the DWQ 401 Oversight Unit. Copies of the
requested additional information should also be provided to Jennifer Frye of the USACE and Stephen
Rynas of the Division of Coastal Management. 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
Stephen Rynas, DCM Morehead City
Noelle Lutheran, DWQ Wilmington Regional Office (File Copy)
Central Files
Filename: 060913-2.dec06