20060307 Ver 1_More Info Letter_20060403

~C~C W'~ T~9O Michael F. Easley, Governor
~~ ~i William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
~ ~
p r Alan W. Klimek, P.E. Director
Division of Water Quality
April 3, 2006
DWQ Project # 20060307
Tyrrell County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. J.D. Brickhouse
County Administrator
Tyrrell County Board of Commissioners
P.O. Box 449
Columbia, NC 27925
Subject Property: Riders Creek Canal cleanout
REQUEST FOR MORE INFORMATION
Dear Sir or Madam:
On February 1, 2006, the Division of Water Quality (DWQ) received your revised application
dated January 30, 2006 to impact 5.64 acres of wetlands and 8,200 linear feet of streams and
canals to reconstruct Riders Creek Canal and "Lateral A" off of Rider's Creek Canal in Tyrrell
County, NC. The DWQ has determined that your application is still incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject
property. Since this project was put on hold for additional information on February 2, 2006 and
your response of February 15, 2006 did not address our questions, therefore we are returning
your application. If you want to carry out this. proposed impact, you will need to reapply and
pay the 401 Certification fee again. If you want to reapply, please provide the following
information so that we may review your project.
Additional Information Requested (as noted in our February 2, 2006 letter):
1. It is our understanding that state funds (through the Division of Water Resources) are being
used for this project. If that is the case, then the Division of Water Quality cannot act on the
required 401 Water Quality Certification until a final environmental document is circulated
and completed under the State Environmental Policy Act (SEPA). Please address whether
state funds are involved and, if so, the status of the SEPA document.
Your response that "No SEPA document has been prepared at this time" does not address
the question as outlined above. Please be aware (as stated above) that DWQ cannot issue
a 401 Certification until the SEPA document is completed.
2. The Public Notice discusses impact to 5.64 acres of riparian wetlands but does not discuss
compensatory wetland mitigation. Please provide a response as to how compensatory
mitigation will be provided by this project.
N~° Carolina
401 Oversight/Express Review Permitting Unit ~t1lCQ«y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.naus/ncwetlands
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Rider's Creek Canal dredging
Page 2 of 2
Apri13, 2006
Your response that a nearby private mitigation bank would be used "if needed" does not
answer the question of which bank you plan to use, do they have sufficient riparian and
stream mitigation credits, and whether this project is within their service area. Also please
be advised that since impacts are to more than one acre of wetlands, that the Division will
require compensatory mitigation for this project according to 15A NCAC 2H .0506 (h).
3. The Public Notice does not address alternatives for this project. If these are addressed in
the SEPA document referred to in item 3 above, then the Division can review that discussion
in that document. If a SEPA document is not being prepared, then please provide a written
discussion of alternatives for this project.
Your response that "There seems to be no other practical and financially feasible
alternatives to the problems the proposed project is trying to abate" does not provide
sufficient information on alternatives, their cost and impacts to conclude that your proposed
impact is permittable.
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 John Dorney at 919-733-
9646 if you have any questions regarding or would like to set up a meeting to discuss this
matter.
Sincerely,
n Dorney,
JRD/jrd
Enclosures:
cc: Kyle Barnes, DWQ Washington Regional Office
Dave Lekson, USACE Washington Regulatory Field Office
File Copy
Central Files
Filename: 20060307RidersCreekCanal(Tyrrell)Withdraw application