20060897 Ver 1_More Info Letter_20060919

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CERTIFIED MAIL:
RETURN RECEIPT REQUESTED
Mr. William J. Qualk, Jr.
85 Lake Royale
Louisburg, NC 27549
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 19, 2006
Subject Property: Qualk Residence -AFTER THE-FACT
Lake Royale [030401, 28-31-(1), B, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Qualk:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0897
Franklin County
On May 25, 2006, the Division of Water Quality (DWQ) received your After-The-Fact
application dated May 21, 2006, with additional information received by DWQ on August 15,
2006, to impact 0.0987 acres of wetland, 1401inear feet of perennial stream, 80 linear feet of
intermittent stream, and 1,580 square feet of Zone 1Tar-Pamlico River protected riparian buffer,
and 2,000 square feet of Zone 2Tar-Pamlico River protected riparian buffer, to construct a
driveway, a boathouse and dock at the subject property. The DWQ has determined that your
application was 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. Therefore, unless we receive five copies of the
additional information requested below, we will have to move toward denial of your application
as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we
receive this additional information. Please provide the following information so that we may
continue to review your project.
Additional Information Requested:
1. Your buffer restoration plan shows that you plan on planting English Ivy as part of your
buffer restoration credit. Please be aware that English Ivy is an invasive species as stated
in the Guidelines for Riparian Buffer Restoration, and should not be planted in the
protected riparian buffer.
2. Please be aware that your driveway that exists in Zone 2 of the protected riparian buffers
is considered a "road impact other than crossings of streams and other surface water" as
shown in the table of uses under 15A NCAC 02B.0233(6), which requires you to mitigate
for impacts to Zone 2 riparian buffer impacts at a 1.5 to 1 ratio. For the 2,000 square feet
401 Oversight/Express 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: Intp !h~c~ enr at~tte,nc ux ncweUan~c
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llualk Kesidence
Page 2 of 2
September 19, 2006
of Zone 2 impacts for your driveway, you will need to pay into the Buffer Restoration
Fund or move your driveway out of Zone 2 and re-vegetate Zone 2.
3. Provide documentation that failing silt fencing has been reinstalled to prevent sediment
from entering the buffers and/or the stream. You should inspect your silt fencing and
make the necessary repairs on a weekly basis or after a %2 inch rainfall (whichever comes
first).
4. The outstanding NOV for your site must be resolved before the DWQ can process your
PCN application. Once this NOV has been resolved to the satisfaction of DWQ's NPS
Assistance and Compliance Oversight Unit.
Please contact the DWQ within three weeks of the date of this letter to verify that you have
received this letter and that you remain interested in continuing to pursue permitting of your
project and will be providing the DWQ the requested information at a later date. Please contact
me in writing and Priscilla Benson of the NPS Assistance and Compliance Oversight Unit. If we
do not hear from you within three weeks, we will assume that you no longer want to pursue this
project and we will consider the project as withdrawn.
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 Ms. Cyndi Karoly or Ms. Amy
Chapman at 919-733-1786 or Priscilla Benson at 919-733-7015 Ext.360 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
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Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting
Unit
Enclosure: Guidelines for Riparian Buffer Restoration
CBK/asc
cc: Mike Horan, DWQ Raleigh Regional Office
Priscilla Benson, NPS Assistance and Compliance Oversight Unit
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 060897Qua1kResidence(Franklin)On_Hold