20140482 Ver 1_More Info Letter_20140519

CCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 19, 2014
CERTIFIED MAIL: 7012 2210 0002 4887 2240
RETURN RECEIPT REQUESTED
Terry A. Smithwick
213 Mallard Drive
Washington, NC 27889
Subject: REQUEST FOR ADDITIONAL INFORMATION
Smithwick Property (270 Nance Lane, Washington)
Dear Mr. Smithwick:
John E. Skvarla, I
Secretary
DWR # 14 -0482
Beaufort County
On May 12, 2014, the Division of Water Resources (Division) received your application dated May 8, 2014,
requesting a 401 Water Quality Certification and Buffer Authorization from the Division for the subject
project. 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. Impact Justification (Avoidance and Minimization)
The Major Development Permit application received in this Office states that Terry A. Smithwick is
the owner of subject property located at 270 Nance Road in Washington, Beaufort County. This
Office believes that the 401 /404- wetlands and Tar - Pamlico Riparian Buffer impacts from the fill
area depicted in flags Al through A8 on Sheet 2 can be reconfigured to minimize the impacts to the
401 /404 - wetlands and Tar - Pamlico Riparian Buffer. It is therefore necessary to demonstrate
Avoidance and Minimization of 401 /404 - wetland and Tar - Pamlico Riparian Buffer impacts from the
proposed project.
2. Per 15A NCAC 02B .0259, buffer mitigation is required for the proposed buffer impacts associated
with access road depicted on Sheet 3. DWR staff has field verified that the impacts from flag A -15 to
the intersection of Nance Lane were in existence prior to this Rule and therefore no mitigation will be
required for this area of previously existing Tar - Pamlico Riparian Buffer impact. Please submit a
mitigation plan detailing how the remainder of the proposed buffer impact for Zone 1 and /or Zone 2
will be mitigated. If you choose to pay into a mitigation bank for the required mitigation, please
provide an acceptance letter from the mitigation bank demonstrating they have the available
mitigation credits.
Pursuant to Title 15A NCAC 02H .0502(a) and (b) and 15A NCAC 02B [Tar - Pamlico] .0259, 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 of Water Resources — Water Quality Regional Operations Section — Washington Regional Office
943 Washington Square Mall, Washington, NO 27889
Phone: 252 - 946 -64811 Fax: [phone] Internet: wvvw.ncdonr.gov
An Equal opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Terry A. Smithwick
DWR # 14 -0482
Request for Additional Information
Page 2 of 2
Division will be unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the Division for approval, including a complete application package and the
appropriate fee.
Please respond in writing within 30 calendar days of receipt of this letter by three sending copies of all of
the above requested information to the 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC
27699 -1650.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act and Tar -
Pamlico River Riparian Buffer Rules for this activity and any work done within waters of the state may be a
violation of North Carolina General Statutes and Administrative Code.
Please contact Anthony Scarbraugh at 252 -948 -3924 or anthony.scarbraugh@n_cde_n_r.gov if you have any
questions or concerns.
Sincerely,
ny S.ca braugh, Environmental Senior Specialist
ate Clualit Regional Operation Section
va isi ©n of W ter Resources, NCDENR
cc: Raleigh Bland, USACE Washington Regulatory Field Office (e -mail)
Doug Huggett, DCM Morehead City
David Moye, DCM WaRO
Pat McClain, DELMR WaRO (e -mail)
DWR WaRO 401 files
Jennifer Burdette, DWR 401 & Buffer Permitting Unit