20120566 Ver 1_On Hold Request_20120606

Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
July 11, 2012
DWQ Project # 12 -0566
Pamlico County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7011 1150 0000 4205 6122
Stephen & Geraldine LaBreck
7116 Brigantine Blvd
Oriental NC 28571
Subject Property: 5620 Styron Drive, Sea Vista S/D
Neuse River Basin, Pierce Creek -SA, HQW, NSW
Dear Mr. and Mrs. LaBreck:
On June 7, 2012, the Division of Water Quality (DWQ) received your application dated May 8, 2012 to impact
750 square feet of Zone 2 to construct a single family residence and detached garage on the subject property.
The DWQ has determined that your application was inadequate as discussed below. The DWQ will require
additional information in order to process your application to impact protected buffers on the subject property.
Therefore, unless we receive the additional information requested below, we will have to move toward denial of
your application as required by 15A NCAC 2B .0233. This project will be placed "on hold" as incomplete until we
receive this additional information. Please provide the following information so that we may continue to review
your project.
Under The Neuse River Buffer Protection Rules - 15A NCAC 2B .0233 (8) persons who wish to undertake uses
designated as allowable or allowable with mitigation shall submit a request for a "no practical alternatives"
determination to the Division or to the delegated local authority. The applicant shall certify that the criteria
identified in Sub -Item (8)(a)i -iii of this Rule are met. The Division or the delegated local authority shall grant an
Authorization Certificate upon a "no practical alternatives" determination. The procedure for making an
Authorization Certificate shall be as follows:
(a) For' any request for an Authorization Certificate, the Division or the delegated local
authority shall review the entire project and make a finding of fact as to whether the
following requirements have been met in support of a "no practical alternatives"
determination:
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX 252 - 946 -9215 NQj thCaro na
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(i) The basic project purpose cannot be practically accomplished in a manner that
would better minimize disturbance, preserve aquatic life and habitat, and
protect water quality.
(ii) The use cannot practically be reduced in size or density, reconfigured or
redesigned to better minimize disturbance, preserve aquatic life and habitat,
and protect water quality.
(iii) Best management practices shall be used if necessary to minimize disturbance,
preserve aquatic life and habitat, and protect water quality.
Additional Information Requested:
1. Impact Justification (Avoidance and Minimization)
This Office believes that the access steps shown on the waterward side of the structure can be moved or
reconfigured to avoid the impacts to Zone 1. Please revise the plans to avoid the impacts or provide a
detailed explanation of why this plan for the activity cannot be practically accomplished, reduced or
reconfigured to better minimize disturbance to the riparian buffer.
This Office believes that the location of the single family residence labeled on the plans as a 42' x 50'
single family residence can be moved or reconfigured to minimize the impacts to the Zone 2. Please
revise the plans to minimize the impacts or provide a detailed explanation of why this plan for the
activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to
the riparian buffer.
2. Detailed Map of Buffer Impacts
According to 15A NCAC 2B .0233(8)b — Any request for a Buffer Authorization must include a map of
sufficient detail to accurately 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. Please provide a detailed map with the location and dimensions of
any disturbance in riparian buffers.
3. Stormwater Management — Diffuse Flow Requirement and Best Management Practices
All stormwater shall be directed and maintained as diffuse flow at non - erosive velocities
through the protected stream buffers such that it will not re- concentrate before discharging
into a stream as identified within 15A NCAC 2B .0233 (5). Diffuse flow must be established before
runoff enters Zone 2 of the riparian buffer. If this is not possible, it may be necessary to provide
stormwater facilities that are considered to remove nitrogen (and phosphorus if in the Tar -
Pamlico River Basin). This may require additional approval from this Office. Please explain how
you plan to address stormwater runoff.

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Please respond within 30 days of the date of this letter by sending this information to me in writing at the DWQ
Washington Regional Office. If we do not hear from you within 30 days, we will assume that you no longer want
to pursue this project and we will consider the project as withdrawn and return your application.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or
protected buffers. Please be aware that any impacts requested within your application are not authorized (at
this time) by the DWQ. Please call Amy Adams of the Washington Regional Office at 252 - 948- 3917or Amy
Chapman of the DWQ Central Office at 919 -807 -6400 if you have any questions regarding or would like to set up
a meeting to discuss this matter.
Sincerely}
For Charles Wa `li d, P.E.
3
cc: 401 WBSCP Unit
WaRO File Copy
DCM, Doug Huggett /Morehead District Office
DCM, Roy Brownlow/ Morehead District Office
Amy Chapman, State Buffer Coordinator, WBSCP Unit
Filename: 12-0566_La Breck_BufferAuth_Hold /aa