20060393 Ver 2_More Info Letter_20100629

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
June 29, 2010
DWQ Project # 2006-0393 v.2
Pamlico County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
7010 0290 0001 5628 1688
Daniel J. and Lynn H. Donovan
4004 Hickory Meadow Rd.
Greensboro, NC 27406
Subject Property: Lot #10, Brown Creek s/d; Oriental, NC
Brown Creek, Neuse River Basin (SA, HQW, NSW; 27-141-3; 030410)
REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. Donovan:
On May 17, 2010, the Division of Water Quality (DWQ) 401 Oversight/Express Review
Permitting Unit received your variance request dated and signed on May 12, 2010. The DWQ
has determined that your project may be eligible for the use of the "General" Major Variance
From the Neuse and Tar-Pamlico Riparian Buffer Rules for residential structures on existing lots
within the coastal counties as defined by the Coastal Area Management Act, Approved 51912001.
However, the DWQ needs additional information in order to complete the approval process of
your variance. Therefore, unless additional information is provided as described below, we will
have to move toward withdrawal of your request per 15A NCAC 213 .0233(9) and will place this
project on hold as incomplete until we receive this additional information. Specifically:
Additional Information Requested:
1. Verification of Ownership
Please provide a copy of the deed indicating that the applicant purchased the property
before the effective date of the Rule.
2. Mitigation requirement
Impacts to Zone 1 of the riparian buffer require compensatory mitigation at the ratio of
1:1. Your options for demonstrating that you can meet this mitigation requirement are: a)
North Carolina Division of Water Quality Internet: www.newaterguality.org
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 Naturallff
Page 2 of 2
you may propose suitable area within the riparian buffer for restoration of previous
impacts within the riparian buffer, either on-site or on other property that you own. If
you choose this option, then you will be required to place the mitigation area in some sort
of restrictive easement; b) you may purchase mitigation credit from a private mitigation
bank; or c) you may pursue mitigation credit from the North Carolina Ecosystem
Enhancement Program (NCEEP). You will be required to demonstrate that you have
pursued the private mitigation option before you can request credits from NCEEP. To
pursue either of the credit purchasing options, please contact Kelly Williams (NCEEP
In-Lieu Fee Program Coordinator) at 919-716-1921, or review the following hyperlink:
http://portal.nedenr.org/web/wq/swp/ws/40 I/certsandpermits/mitigation
3. Avoidance and Minimization
a) The proposed house impacts as shown on your plat appears to be a generalized "house
footprint". If you are proposing to build a structure of the dimensions specified in your
application, please provide detail to support that the footprint indeed represents the actual
area to be impacted. Otherwise, please revise your plat to indicate the actual design of
the house to be constructed, including all porches, decks, garages, and any other house
impacts, and explain how this represents the minimum impact in the buffer necessary to
accomplish your design.
b) Your proposal does not indicate where your driveway access will be. Based on the
location of your approved septic areas, it appears that there may be additional impact due
to driveway access to your house. When placing your driveway on the plat,
c) In your application, you indicated that there is a second possible house location that
does not require impact to the riparian buffer. Please provide additional justification to
support why your project can't be practically accomplished in the location that would
require less impact to the riparian buffer.
Please respond in writing within three weeks of the date of this letter by sending a copy of this
information to Chris Pullinger of the DWQ Washington Regional Office at 943 Washington
Square Mall, Washington NC 27889. If we do not hear from you in three weeks, we will assume
that you no longer want to pursue this project and we will consider the project as withdrawn.
Please call Mr. Pullinger of this office at [phone], or Amy Chapman at [phone] if
you have any questions.
Sincerely,
F a r Al Hodge, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
WaRO, file copy
DCM, Morehead City (Attn: Brad Connell)
DWQ 401/Wetlands Unit
Filename: 2006-0393 Q