20120978 Ver 1_More Info Letter_20121025

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
October 25, 2012
DWQ # 12 -0978
Pamlico County
CERTIFIED MAIL: 7011 1150 0000 4206 6312
RETURN RECEIPT REQUESTED
Stephen and Geraldine LaBreck
104 Whittaker Point Road
Oriental NC 28571
Subject: REQUEST FOR ADDITIONAL INFORMATION
LaBreck Upland Basin —Whittaker Creek
Dear Mr. and Mrs. LaBreck:
On October 8, 2012, the Division of Water Quality (Division) received a copy of your CAMA Major
application from the Division of Coastal Management dated September 24, 2012 requesting a 401
CERTIFICATION and BUFFER AUTHORIZATION for your project. DWQ issues approvals in the form of a
Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s)
198000291 issued by the US Army Corps of Engineers (USACE) and Buffer Authorizations in the Neuse
River Basin. This Certification and Authorization allows you to use the CAMA Major Permit when the
Division of Coastal Management issues it.
The Division has determined that your application is incomplete and cannot be processed. The
application is on -hold until all of the following information is received:
1. The applicant must certify that the criteria identified in 15A NCAC 2B .0233 Sub -Item (8)(a) "No
Practical Alternatives" of the rule have been met. Please identify how your project meets the
no practical alternatives analysis.
2. The excavation of an upland basin falls within the Table of Uses as allowable only if the 50 foot
buffer is re- established from the new waterline. The structure on this property prevents the re-
establishment of a new 50 foot buffer. Therefore, this project falls within the category of
allowable with mitigation. Uses that are allowable with mitigation must stipulate how the
impacts will be mitigated. The area of buffer impact shall be determined by the square foot in
each zone for the (i) area of the footprint of the use causing the impact to the riparian buffer (ii)
the area of the boundary of any clearing and grading activities with the buffer necessary to
accommodate the use (iii) the area of any ongoing maintenance corridors with the buffer
associated with the use. The required area of mitigation shall be determined by applying the
North Carolina Division of Water Quality, Washington Regional Office
943 Washington Square Mall Washington NC 27889 One
Phone: 252 - 946 -6481 \ FAX: 252 - 946 -92151 Customer Service: 1- 877 - 623 -6748 North Carolina
Internet: www.ncwaterquality.org a u ra//f/
An Equal Opportunity \ Affirmative Action Employer �/ [ L L[!�

LaBreck_104 Whittaker Point Rd
DWQ# 12 -0976
Request for Additional Information
Page 2 of 2
multipliers to the square foot of impact in each zone as follows: For impacts to Zone 1 shall be
multiplied by 3 and impacts to Zone 2 shall be multiplied by 1.5.
Options for meeting the mitigation may be met through
(a) Payment of a compensatory mitigation fee to a Buffer Restoration Fund by either private
bank or EEP
(b) Donation of real property or interest in real property
(c) Restoration or enhancement of a non - forested buffer through a restoration plan which is
approvable pursuant to 15A NCAC 2B .0260 Item (9).
Please submit an approvable mitigation plan as explained above for the impacts within the
riparian buffer.
Pursuant to Title 15A NCAC 02B .0233 the applicant shall furnish all of the above requested
information for the proper consideration of the application. If all of the requested information is not
received in writing within 30 calendar days of receipt of this letter, the Division will be unable to
approve the application.
Please be aware that you have no authorization under Section 401 of the Clean Water Act or the Neuse
River Riparian Buffer Rules for this activity and any work done within waters or buffers of the state may
be a violation of North Carolina General Statutes and Administrative Code.
Please contact me at 252 - 948 -3917 (amy.adams @ncdenr.gov) or Karen Higgins
(karen.higgins @ncdenr.gov) at 919 - 807 -6360 if you have any questions or concerns.
Sincerely,
6'r, OA'�tv
Amy Adams, Supervisor
Washington Regional Office
Surface Water Protection Section
Enclosures: EEP In -Lieu Fee Request Form
Applicable sections of Neuse River Basin Buffer Rules
cc: Tracey Wheeler, USACE, Washington Regulatory Field Office (via email)
Kelly Williams, NCEEP (via email)
DWQ WaRO 401 files
DWQ Webscape Unit
DCM, Doug Huggett, Morehead City District Office