20061915 Ver 2_More Info Letter_20070413

~~~ ~AT~~Q Michael F. Easley, Governor
`Q ~ William G. Ross Jr., Secretary
Vj r.. North Carolina Department of Environment and Natural Resources
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©: _•'' '__- `< .,~ Alan W. Klimek, P.E. Director
,: r Division of Water Quality
April 13, 2007
DWQ Project # 06-1915
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Steve Shriver
Dare County Planning Department
P.O. Box 1000
Manteo, NC 27954
Subject Property: Stumpy Point Water and Sewer District, Wastewater Collection and
Treatment System/Wastewater Treatment Plant
Stumpy Point Bay [030155, 30-22-8, SA, HQW)
DOA Action ID. No. SAW-2006-41365-128
REQUEST FOR MORE INFORMATION
Dear Mr. Shriver:
On December 14, 2006 and December 29, 2006, the Division of Water Quality (DWQ) received materials
including the U.S. Army Corps of Engineers' Public Notice of your application to fill 1.66 acres of
wetlands to construct the referenced project. Furthermore, on February 14, 2007, DWQ received your
application for a Coastal Area Management Act (CAMA) Permit from the NC Division of Coastal
Management (DCM) for this project.
On February 9, 2007, DWQ issued correspondence in which we requested that you provide a wetlands
mitigation plan that included a 1:1 restoration component in accordance with the State of North Carolina's
Wetlands Rules (15A North Carolina Administrative Code [NCAC] 2H .0500, specifically .0506). In
correspondence dated February 28, 2007, you responded that Dare County had elected to preserve 16.6
acres of wetlands in order to address mitigation requirements for this project. On March 7, 2007, the DWQ
provided further correspondence noting that the proposed preservation would not satisfy the required
restoration component of a wetlands mitigation plan. Please note that in accordance with 15A NCAC 2H
.0506(h)(6), mitigation proposals shall provide a minimum of 1:1 restoration or creation of wetlands to
satisfy mitigation requirements. You should note that the proposed preservation would not provide for
replacement of lost wetlands functions and values as restoration or creation would. There are several
options for satisfying the mitigation requirement associated with this project:
a) Payment into the North Carolina Ecosystem Enhancement Program (EEP), if the EEP will
accept the responsibility for conducting this mitigation work, or
b) Payment into a private wetlands mitigation bank, or
c) Preparing and implementing a wetlands mitigation plan with a minimum of a 1:1
restoration creation component for 1.66 acres of impacts.
40LOversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet http 'h?o.cnr St~te,ii~ uaincwetl~»c3s
None Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Dare County Planning Department
Page 2 of 2
April 13, 2007
If you decide use the EEP in lieu of developing your own wetland mitigation plan, you
will need to contact Ms. Suzanne Klimek with the EEP at [phone] to see if they will
accept the project. You should note that mitigation requirements proposed to be mitigated
through the EEP must be rounded to the nearest linear foot increment according to 15 2r .0503(b).
Please note that if the required restoration/creation plan is not provided, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506. In the interim, we will keep this project
on hold as incomplete. By copy of this letter, we are also advising the U.S. Army Corps of Engineers and
DCM of the status of this project, and are formally requesting that DCM keep the CAMA Permit on hold
until this matter is resolved. You should also note that comments on the stormwater management plan
will be provided under separate cover from the DWQ Washington Regional Office.
Please contact the DWQ within thirty days of your receipt of this correspondence to verify that you have
received this letter and please provide us with a timetable of when the required mitigation plan will be
provided. Please contact me in writing and Kyle Barnes of the DWQ Washington Regional Office at 943
Washington Square Mall, Washington, NC, 27889.
This letter only addresses the application review and does not authorize any impacts to wetlands or
waters. Please call Mr. Ian McMillan or me at 919-733-1786 in Raleigh, or Al Hodge/Kyle Barnes in the
DWQ Washington Regional Office at 252-946-6481 if you have any questions or would like to set up a
meeting to discuss. this matter.
Sincerely,
ny , ~~
G'-~u ~J
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Cyndi Karoly, Supervisor
401 Oversight and Express Permitting Unit
CBK/cbk
cc: Al Hodge/Kyle Barnes, DWQ Washington Regional Office
USAGE Washington Regulatory Field Office
File Copy
Central Files
Doug Huggett, DCM
Gary Hartong, The Wooten Company, 120 North Boylan Avenue, Raleigh, NC 27603-1423
Filename: 061915StumpyPointWWTP(Dare)On Hold3