20030166 Ver 2_More Info Letter_20100527

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 27, 2010
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7010 0290 0001 5628 0186
John Geewax
129 Hicks Road
West Grove, PA 13390
DWQ Project # 03-0166 Ver. 2
Hyde County
Subject Property: Geewax Property, John Gaskins Drive, Ocracoke, NC
Pamlico Sound [030307,29-(40.5), SA, HQW]
REQUEST FOR MORE INFORMATION
Dear Mr. Geewac:
On April 20, 2010, the Division of Water Quality (DWQ) 401 Oversight/Express Review
Permitting Unit received your application dated April 11, 2010 to impact 1,650 square feet (ft)
of Zone 1 of protected riparian buffers for the purpose of constructing a wooden slat walkway to
access existing and permitted piers on five separate residential parcels. 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 riparian buffers 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 214.0506 and 213 .0259 (8) 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. Impact Justification (Avoidance and Minimization)
The pre-construction notification application received in this Office states that John
Geewax is the owner of Hyde County Tax Parcels 9501-51-8171, 9501-61-0169, 9501-
61-1117, 9501-61-1197 and 9501-61-2170. This Office believes that the impacts to Zone
1 of the protected riparian buffer from the construction of a wooden slat walkway to
access existing and permitted piers on five separate residential parcels as depicted on the
North Carolina Division of Water Quality Internet: www ncwaterquality.ore
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ;Vaturallff
Page 2 of 2
site plan can be moved or reconfigured to avoid the impacts to the protected riparian
buffer. Please revise the plans to avoid or minimize the impacts. It is therefore necessary
to demonstrate Avoidance and Minimization of protected riparian buffer impacts from
the proposed construction of the wooden slat walkway.
2. Buffer Mitigation
Buffer mitigation will most likely be required as a condition if you choose to proceed
with your request to obtain an Authorization Certificate per the Tar-Pamlico River Buffer
Protection Rules (15A NCAC 2B .0259). If you choose to proceed with an Authorization
Certificate, then please provide a buffer mitigation plan pursuant to 15A NCAC 02B
.0259(7) (c).
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 Anthony Scarbraugh of the Washington
Regional Office at 252-948-3957 or 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.
Sincerely,
Al Hodge/Suf is
Surface Water Protection Section
Washington Regional Office
cc: 401 Oversight/Express Permitting Unit
USACE Washington Regulatory Field Office
File Copy
CAMA: Doug Huggett/Morehead City
CAMA: David Moye/Washington
Filename: 03-0166 Ver. 2