20200935 Ver 1_RESPONSE #3_20201016

Strickland, Bev
From:
[e-mail]
Sent:
Friday, October 16, 2020 9:49 AM
To:
Johnson, Alan
Cc:
Pitner, Andrew; Perez, Douglas J; 'Eben Pyle'
Subject:
RE: [External] RE: 20-0935, Buffer Variance
®' T External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Alan,
The lot before it was paved was gravel and was hard packed gravel before the buffer rules were enacted. If both asphalt
and gravel are considered impervious surfaces I don't see a change of use here and don't see a reason for what is being
required of the owner. For the walkways, the owner needs those to be accessible and it is kind of hard to create an
accessible walkway out of gravel.
Thanks,
Hal
Hal Marvin, P.E., LEED AP BD+C
Director of Engineering I ATRIAX GROUP
Planning, Design, Construction and Related Services
Office: [phone] 1 Mobile: [phone]
From: Johnson, Alan <[e-mail]>
Sent: Friday, October 16, 2020 8:34 AM
To: [e-mail]
Cc: Pitner, Andrew <[e-mail]>; Perez, Douglas J <[e-mail]>
Subject: RE: [External] RE: 20-0935, Buffer Variance
Hal,
Fyi, gravel parking is considered impervious. Gravel walkways are allowed. Filter fabric with 6
inches of gravel on top.
His two options are, this variance process or removal of the asphalt in zone 1 and return to
grass cover.
Thanks
Alan
1

DWR
DlvIslon of Water Resources
Alan D Johnson — Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: [phone] Fax:[phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: [e-mail][mailto:[e-mail]]
Sent: Thursday, October 15, 2020 6:07 PM
To: Williams, Kelly <[e-mail]>
Cc: Johnson, Alan <[e-mail]>
Subject: [External] RE: 20-0935, Buffer Variance
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Kelly,
From Alan's last email, Zone 2 does not apply for this site. Zone 1 has 3,780 SF of impervious surfaces identified and of
that 1,534 SF is the concrete forklift bulkhead that was constructed prior to the buffer rules. So really there is 2,246 SF
of newly placed asphalt in Zone 1 that would need to be mitigated. Can you give me an idea how much it will cost Mr.
Pyle to mitigate 2,246 SF of asphalt in Zone 1?
Depending on the estimated cost he may elect to remove the asphalt in Zone 1 replacing it with gravel. He will need to
retain or construct new 4-ft wide sidewalks from the boat slips to the accessible ramp leading to his building. See
attached marked up photo for sidewalks needed. He was told the sidewalks could be placed in the buffer without
penalty.
Thanks for your help.
Hal Marvin, P.E., LEED AP BD+C
Director of Engineering I ATRIAX GROUP
Planning, Design, Construction and Related Services
Office: [phone] 1 Mobile: [phone]
From: Williams, Kelly <[e-mail]>
Sent: Thursday, October 15, 2020 5:27 PM
To:'[e-mail]' <[e-mail]>
Cc: Johnson, Alan <[e-mail]>
Subject: FW: 20-0935, Buffer Variance
Mr. Marvin,

This email and the attached request form that I sent back in September should have what you need to request credits
from DMS as Alan indicated in his email today.
Kelly
From: Williams, Kelly
Sent: Tuesday, September 01, 2020 2:20 PM
To:'[e-mail]' <[e-mail]>
Subject: RE: 20-0935, Buffer Variance
Hal,
Thank you for your interest in the DMS ILF mitigation program. To request buffer credits from DMS, please complete
and sign the attached form and email it to me.
You can confirm the basin and 8-digit HUC with Alan (Catawba or Goose Creek?)
You can leave the stream and wetland fields blank and enter your zone 1 and 2 impacts in the applicable fields. On the
page with the private mitigation bank choices, choose the one that says there are no banks with the credits you need.
just checked the list of approved private banks and there are not any in that area.
Let me know if you have any questions.
More info on the DMS ILF program can be found here: https://deg.nc.gov/about/divisions/mitigation-services/dms-
customers/stream-wetland-buffer-process
Take care,
Kelly Williams
In -Lieu Fee Program Coordinator
Division of Mitigation Services
Department of Environmental Quality
[e-mail]
US Postal Service Address:
1652 Mail Service Center
Raleigh, NC 27699-1652
From: [e-mail] <[e-mail]>
Sent: Tuesday, September 01, 2020 1:18 PM
To: Johnson, Alan <[e-mail]>; Williams, Kelly <[e-mail]>
Cc: 'Eben Pyle' <[e-mail]>
Subject: [External] RE: 20-0935, Buffer Variance
Alan,
Were there any written comments concerning the buffer variance application other than what you have stated in your
email?
Kelly,
Please provide what DWR's guidelines/requirements are for mitigation payment.
Thanks,
Hal

Hal Marvin, P.E., LEED AP BD+C
Atriax Group
Planning, Design, Construction and Related Services
Office: [phone] 1 Mobile: [phone]
From: Eben Pyle <[e-mail]>
Sent: Monday, August 31, 2020 11:46 AM
To: [e-mail]
Subject: Fwd: 20-0935, Buffer Variance
Hey Hal,
I just received this email from Alan Johnson from DWR. Can you take a look and and see what we need to do with this.
Thanks,
Eb Pyle
-----Original Message -----
From: Johnson, Alan <alan.iohnsona-ncdenr.gov>
To: epyle aol.com <epyle aol.com>
Cc: Williams, Kelly <kelly.williamsa-ncdenr.gov>; Pitner, Andrew <andrew.pitnera_ncdenr.gov>
Sent: Mon, Aug 31, 2020 10:02 am
Subject: 20-0935, Buffer Variance
have the application in house. More clarity should be provided regarding the
impacted area (measured dimension(s)). The impacted area (sq. ft) within the buffer
(denoting the impact in both Zone 1 and Zone 2 individually) must be clarified. A close
up view (the aerial provided is indicative of the impact but more clarity should be
provided. You should also contact Kelly Williams, included on email, to determine
what is required for mitigation payment. Any stormwater inlets and discharge points
should be include in the site diagram
Be reminded this is an after the fact variance request. There is no guarantee of
approval. Also a variance is an exception to the Rule, thus additional
requirements/conditions may apply that normally would not if working within the
allowable uses.
Thanks
Alan
DWI
DIvRion of Water 'Rv%ource%
Alan D Johnson — Senior Environmental Specialist
4

NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: [phone] Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.