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HomeMy WebLinkAbout20240510 Ver 2_More Info Requested_20240821ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality August 21, 2024 DWR # 20240510 Ver. 2 Iredell County Joseph Bamford 114 North Longfellow Lane Mooresville, NC 28117 Delivered via email to: bamfordil4@gmail.com Subject: REQUEST FOR ADDITIONAL INFORMATION Bamford Dear Mr. Bamford: On July 10, 2024, the Division of Water Resources (Division) received your application requesting a Buffer Authorization with Exception / Variance 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. According to the survey provided, it seems that the pool may already exist. Please explain if the pool exists or if this is a variance to have a pool installed which was our initial understanding for this project. As seen in Number 7 of the application "List any permits/approvals that have been requested or obtained for this project in the past" no information was provided. 2. Lake Norman's Full Pond Elevation of 760 ft, Zone 1 and Zone 2 of the buffer must be marked by a surveyor in the field. 3. A photograph was provided in 20240510 Ver. 1 that shows a retaining wall and a paver patio. Please provide a survey map with an up-to-date sketch of all current built upon area and a survey map detailing your proposed impacts (see 3.) 4. There have been no photographs of the current conditions of the site provided in 20240510 Ver.2. Please provide photographs of the buffer area (Zone 1 and Zone 2) and the areas in which your impacts will occur. North Carolina Department of Environmental Quality I Division of Water Resources D ��� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NOR1H CAROL Na 919.707.9000 Bamford DWR# 20240510 Ver. 2 Request for Additional Information Page 2 of 4 5. A map that is legible to the reviewer and of sufficient detail to delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of any disturbance in riparian buffers associated with the activity, and the extent of riparian buffers on the land; - Impacts per zone have not been provided for the pool. DWR needs impacts separated per zone including but not limited to additional temporary impacts for construction equipment. 6. In the initial application of 20240510 there was a sketch provided that included other impacts than just the pool that you are requesting in 20240510 Version 2. This sketch, including all impacts to the buffer, need to be included in this application. 7. An explanation of why this plan for the activity cannot be practically accomplished, reduced, relocated, or reconfigured to avoid or better minimize disturbance to the riparian buffer, preserve aquatic life and habitat, and protect water quality; 8. Section F 1. "Individually list the square footage of each proposed impact to the protected riparian buffers:" The information that was provided was 640sgft in Zone 2 and the Site# and Reason was answered with the home address. The reason needs to be stated and you can use S1 as your site Impact. Example (S1— pool, S2 — Spa) According to the survey map, the full 16'*40' of pool is not in the buffer area. No information was provided for temporary impacts. No information was provided for the Spa that is shown on the survey. 9. Your application states that your mitigation plan is to construct a pool in the 40' buffer. This is not a mitigation plan and the Catawba has a 50' buffer. Please review the Catawba buffer rules 15A NCAC 02b .0614 and please provide a sufficient mitigation plan. 15A NCAC 02b .0295 10. You must answer 5a. in the application "Provide a description of all best management practices (BMPs) that will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater." Your answer of N/A is not acceptable. 11. For questions 5b-5d you need provide plans that show how the stormwater will travel through the site by diffuse flow and not piped. 12. Section H Demonstration of Need for a Variance. Questions 1-5 have all been answered with N/A. You must provide answers for all of these questions. N/A is not an acceptable answer. North Carolina Department of Environmental Quality I Division of Water Resources D Q�� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROL NA " 919.707.9000 Bamford DWR# 20240510 Ver. 2 Request for Additional Information Page 3 of 4 13. More details regarding the installation of the pool are necessary. For example, will this project require net fill? Will the spoil for the pool area be placed on -site or moved off -site. No equipment/material staging site has been identified on the property. 14. A signed Catawba form by agent and owner/application has not been provided. 15. DWR requests a site visit with the homeowner/applicant and Tamara Hager (agent) working on this variance at your earliest convenience. 16. 20240510 Ver. 1 was withdrawn on August 5, 2024, and 20240510 Ver. 2 is your application for this buffer variance request. All information should be provided under 20240510 Ver. 2 in order to be reviewed. Pursuant to Title 15A NCAC 02H .0502(e) / 15A NCAC 02B .0611, the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested information through this link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link is referenced above). If all of the requested information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Section 401 of the Clean Water Act / Catawba Riparian 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 Annie Hoy at amie.hov@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: A.►.. 4tW N P;xs f. F161FB69A2D84A3... Andrew H. Pitner, P.G. Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ North Carolina Department of Environmental Quality I Division of Water Resources D Q�� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROL Na " 919.707.9000 Bamford DWR# 20240510 Ver. 2 Request for Additional Information Page 4 of 4 Electronic cc: Tamara Hager, halter@lakepermit.com Krysta Stygar, USACE Charlotte Regulatory Field Office DWR 401 & Buffer Permitting Branch file Filename: 20240510Ver.2 Bamford 08.21.2024 D � ��� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NOR1H CARou Na 919.707.9000