HomeMy WebLinkAbout20150187 Ver 1_More Info Letter_20150313NCDENR
North Carolina Department of Environment and Natural Resources
March 13, 2015
Mohamed Ali and Reem Darar
1205 Kinsdale Drive
Raleigh, NC 27615
Subject: REQUEST FOR ADDITIONAL INFORMATION
Darar Property Major Variance
Dear Mr. & Mrs. Darar:
Donald R. van der Vaart
Secretary
DWR # 15 -0187
Beaufort County
On February 19, 2015, the Division of Water Resources (Division) received your application
dated February 18, 2016 [sic], requesting a Major Variance of the Tar - Pamlico Riparian Buffer
Rule from the Division for the subject project. The Division has determined that your
application is incomplete and cannot be processed. The application is on -hold until all of the
following information is received:
1. Your application indicates that the property owners were not aware of the Tar - Pamlico
Buffer Rule when they purchased the home and began remodeling, but contends that
constructing the addition and deck outside the riparian buffer would not be possible on
the west side of the home due to reservation of an area for future septic system repair
and would not provide river front views from both inside and outside of the home if the
addition and deck were adding to the north side of the home. A review of aerial
photographs of the home prior to the recent modification shows that the main structure
of the home was remodeled as well as the addition of a room and deck on the south
side. Prior to the recent modifications, the home included a concrete patio and
screened porch on the south side overlooking the river. Because the existing home
provided river front views from both inside and outside of the home, this office believes
that the home could have been remodeled and expanded without impacting the
riparian buffer if the proper permits were obtained prior to beginning construction on
the project. Please provide a map of the interior layout of the home prior to the recent
modifications, a map of the current layout of the home and an explanation of why the
home could not have been remodeled and expanded while maintaining the home's
existing footprint within the riparian buffer.
Division of Water Resomces _ 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St, Raldgh, Garth Carolina 27664
Phone: 919-807-6300 1 FAX: 919 -807 -6494
Bnternet www..;n.. wg!e.. clgu !lity.arg
An Equal Opportunity 1 Affirmative Adion ErnpkOyer Made in part by fecyded paper
Moahamed Ali &ReemDarar
DWR# 15-0187
Request for Additional Information
Page 2of3
2. Please indicate whether the property includes a private well orisconnected to
municipal water supply.
|n our pre-application meeting with your environmental consultant, Bob Z3rzeckiofSoil
and Environmental Consultants, Inc., Division staff indicated that a Bk4Ph}treat
5tornmvv3ter runoff would not be required if the infiltration rate ofthe soil iS sufficient to
prevent StOrnnxvate[ runoff from discharging directly t0 the river. Your application
states that the property is mapped as Tarboro sand on the Beaufort County Soil Survey.
Due to the large scale of soil survey mapping, anon-site evaluation must becompleted
to determine if the soil is mapped correctly. Please provide description Of the on-site
soil bye licensed soil scientist. |f the description Of the soils on-site indicates that the
soil is not anticipated tn infiltrate stornnvvaterrunof[ a BK4Ptn treat storrnxvater runoff
from 8n area Of the existing home equivalent tVthe amount of riparian buffer impacted
by the addition and deck will berequired.
4. Past major v8h8noesapprOvedbvtheEnvinJnnoent3|K48nagemnentCommrni53iOn,in
which application for the riparian buffer impact ismade after-the-fact have included a
proposal tO improve tD water quality. Please explain how approval Of the project vvOuld
provide an improvement to water quality such as proposing to relocate the existing
septic system that i6 currently within the buffer tO the repair area or providing
wastewater pretreatment to improve the performance of the existing septic system
within the buffer.
Your application proposes payment U}NC Ecosystem Enhancement Program (EEP) for
purchasing buffer mitigation credits. N[EEP issued 3 conditional acceptance letter
stating that EEP will only accept payment if the mitigation is allowed to occur within the
8-cligit HUC or two 8-cligit HUCs that are adjacent to the 8-cligit HUC in which the project
is located. The consolidated buffer mitigation rule (15ANCACO2B.O295) requires a 2:1
ratio be applied to the area of mitigation required when the mitigation site is located in
an a6iaCent8-cligit HU[ relative to that Dfthe proposed impact site. Please provide an
acceptance letter that would apply the correct |oCatioDal mitigation ratio ifthe
mitigation is not located within the 8-cligit HUCin which the project is |ocatgd.
Pursuant tO154NCACO2B.O259�the applicant shall furnish all ofthe above requested
information for the proper consideration of the application. |f all of the requested information
is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable tQ approve the application and it will bereturned, The return of this project vviU
necessitate reapplication to the Division for approval, including a complete application package
and the appropriate fee.
Moahamed Ali & Reem Darar
DWR# 15 -0187
Request for Additional Information
Page 3 of 3
Please respond in writing within 30 calendar days of receipt of this letter by sending three
copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail
Service Center, Raleigh, NC 27699 -1617.
Please be aware that you have no authorization under the Buffer Rules for this activity and any
work done within waters of the state may be a violation of North Carolina General Statutes and
Administrative Code.
Please contact Jennifer Burdette at 919 - 807 -6364 or lennifer.burdette @ncdenr.gov if you have
any questions or concerns.
Sincerely,
.,
Karen Higgins, Super isor
401 & Buffer Permitting Unit
cc: Bob Zarzecki, Soil & Environmental Consultants, Inc., 8412 Falls of Neuse Road, Suite
104, Raleigh, NC 27615
DWR WaRO 401 file
DWR 401 & Buffer Permitting Unit file