NCS000517_Sandy Point CRC Buffer_20190612

From:Huggett, Doug
To:Higgins, Karen; Powell, Jeanette
Cc:Lucas, Annette; Morman, Alaina; Scarbraugh, Anthony
Subject:RE: Sandy Point & S.L. 2004-117 Requirements
Date:Wednesday, June 12, 2019 9:05:39 AM
Hi all

I believe that they did CRC buffer mitigation through the development of a robust SWMP plan and
the placement of conservation easements for a portion of the property (sorry but I don’t remember
details/size of the area at present). This project was pretty unique in that it had the below-
referenced legislation to enable the project to meet CRC rules. There was also quite a bit of interest
in the permit review process for this project by members of the legislature.

Also, shortly after the permits were issued, the economy took a downturn, and as of today very little
of the project has been constructed, although I believe there is beginning to be some new interest in
the project by the current property owners.

I hope this helps. Please let me know if you have any additional questions.

Doug

From: Higgins, Karen
Sent: Wednesday, June 12, 2019 8:43 AM
To: Powell, Jeanette <[e-mail]>
Cc: Lucas, Annette <[e-mail]>; Morman, Alaina <[e-mail]>;
Scarbraugh, Anthony <[e-mail]>; Huggett, Doug
<[e-mail]>
Subject: RE: Sandy Point & S.L. 2004-117 Requirements

Hi Jeanette-

I looked at that SL and those are DCM regulations for their AEC, not DWR riparian buffer rules.
I’ve copied Anthony Scarbraugh in our Washington Regional Office as he usually knows what’s
going on with projects in his area. I’ve also copied Doug Huggett in DCM – he’s the major
permits manager and also usually knows what’s going on with projects DCM has been involved
in!

Thanks-
Karen

Karen Higgins
401 & Buffer Permitting Branch Supervisor
Division of Water Resources
Department of Environmental Quality

**temporary contact info**

[phone] office
[e-mail]

3800 Barrett Drive (Raleigh Regional Office), Raleigh, NC 27609
1628 Mail Service Center, Raleigh, NC 27699-1628

Email correspondence to and from this address is subject to the North Carolina Public Records Law and
may be disclosed to third parties.

From: Powell, Jeanette
Sent: Tuesday, June 11, 2019 3:49 PM
To: Higgins, Karen <[e-mail]>
Cc: Lucas, Annette <[e-mail]>; Morman, Alaina <[e-mail]>
Subject: Sandy Point & S.L. 2004-117 Requirements

Hi Karen,

I’m drafting a new NPDES MS4 Permit for Sandy Point, which is a “new urban waterfront area
development” authorized under S.L. 2004-117. The S.L. requires the NPDES MS4 permit, among
other things. The part that may involve you is Section 3.(b)(7):

If the new urban waterfront area development authorized by this act as built within six years of the date of issuance
of the major development permit fails to include commercial
development, civic development, and open space substantially in accordance with the development proposed in the
application for the major development permit, the developer shall provide mitigation for encroachment into riparian
buffers that would otherwise be required under standards adopted by the Commission for development on public
trust and estuarine
shorelines.

Sandy Point has not yet been built. To date, no upland construction has occurred and the
population is zero. Per the last permit renewal application in 2017, the work that has been done
since the original approval includes:

Do you know if mitigation has been provided for encroachment into riparian buffers?

Thanks,
J
Jeanette Powell, CPSWQ, CPESC
MS4 Program Coordinator
919-707-3620
[e-mail]

North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 6th Floor
1612 Mail Service Center
Raleigh, NC 27699-1612

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be
disclosed to third parties.

https://deq.nc.gov/sw