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HomeMy WebLinkAbout20051795 Ver 1_More Info Letter_20051121o~OF W ATF9OG Michael F. Easley, Governor ~ William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources >_ ~ t7 'C' Alan W. Klimek, P.E. Director Division of Water Quality November 21, 2005 DWQ Project # 051795 New Hanover County CERTIFIED MAIL: 7004 2890 0002 3418 1982 RETURN RECEIPT REQUESTED Mr. Sid Camden, President Almont Shipping Company One Hanover Street Wilmington, NC 28401 Subject Property: River Front Marina REQUEST FOR MORE INFORMATION Dear Mr. Camden: On September 29, 2005, the Division of Water Quality (DWQ) received your application dated August 3, 2005 to excavate approximately 2000 square feet of Coastal Wetlands and dredge 165,000 cy of material from uplands and open water to construct the proposed marina. 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. What total area of open water are you proposing to dredge? The application states the amount of material to be removed in cubic yards but does not give the area of open water impacts. 2. No information was provided in the application regarding site contamination and the potential release of contaminates during construction. Although DWQ has been provided with a copy of the proposed Corrective Action Plan for the site that includes air injection and a permeable reactive wall, this was not mentioned in the CAMA application. Please provide a copy of this Plan to this office, Cyndi Karoly in the 401 Oversight Unit in Raleigh and DCM. 3. DWQ has serious concerns with the potential release of contaminates from the upper layer of soil in the upland area where excavation is proposed. The primarily concern is the reaction that will occur when this material comes into contact with water. Currently, it appears that this material will either be used to construct the dike wall of the spoil disposal area or it will be placed in the disposal area where the material below the water table will also be placed. Ultimately, it appears that the spoil material will be used to raise site grade and/or backfill behind the new retaining wall. This is not acceptable to DWQ. Please provide a plan to remove the layer of soil above the water table from the uplands within the future basin area utilizing gland-based excavator and a plan to remove the contaminated soil from the project site and take it to an acceptable location. If you can determine 401 OversighUExpress Review Pennits Unit 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: htto://h2o.enr.state.nc.us/ncwetlands No°~ Carolina ~tura!!y An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper Almont Shipping Company Page 2 of 2 November 21, 2005 through soil analysis that the material does not propose a problem by itself, it is possible that it can be used to raise site grade, but still cannot be placed in the spoil disposal area as currently proposed (unless treated first). 4. The information provided in the CAMA application concerning the proposed construction sequence and site preparation is not adequate for DWQ to clearly determine what potential impacts to water quality may occur during construction of the proposed marina. Please provide the following information: • What material will be used to construct the dike around the proposed spoil disposal/dewatering area? • Are you proposing to under cut or raise site grade in the proposed upland development areas of the project? • What type of foundation is proposed for the dock master's office facility? • Underground fuel tanks and the installation of an underground stormwater collection system are proposed. Do you propose to dewater any part of the project area? If so, please provide a plan that clearly depicts how you will collect, dispose and/or treat the groundwater. The LAMA application states that you are proposing to use a hydraulic pipeline dredge. This is inconsistent with the EA that stated that aland-based excavator would be used for dredging activities. There are water quality concerns associated with the use of a hydraulic pipeline dredge. Further analysis of the material below the water table must be performed in order for DWQ to determine if the use of a hydraulic dredge is feasible. 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 Ed Beck or me at 910-796-7215 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerel~y~ Noelle Lutheran Environmental Specialist III cc: Charles E. Davis, P.E., Criser Troutman Tanner Consulting Engineers Cyndi Karoly, DWQ 401 Oversight Unit Henry Wicker, USACE Wilmington Regulatory Field Office Noelle Lutheran, WiRO File Copy Doug Huggett, DCM Morehead City Stephen Rynas, DCM Morehead City Charlie Stehman, DWQ Aquifer Protection Ed Beck, DWQ Surface Water Protection Bruce Nicholson, Brownfields Program Central Files Filename: 051795.nov