20140566 Ver 1_More Info Letter_20140730

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 30, 2014
Foster's Seafood
Attn: Mr. Ernest Floyd Foster
220 Loop Road
Belhaven, NC 27810
Subject: REQUEST FOR ADDITIONAL INFORMATION
Foster's Seafood Duck Creek Project
Dear Mr. Floyd:
John E. Skvarla, III
Secretary
DWR # 14 -0566
Beaufort County
On June 4, 2014, the Division of Water Resources (Division) received your application dated
May 27, 2014, requesting Major Variance 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. Please resubmit a site plan of the entire property at scale no smaller than 1 "= 50'preferably
in the form of a survey plat. The site plan must include the following information:
a. Protected riparian buffers as overlays on the site plan, clearly showing Zone 1 and
Zone 2;
b. Footprint of any proposed buildings or other structures; and
c. All riparian buffer impacts enumerated on the site plan and clearly label impacts
separately (Buffer Impact 1, etc.).
2. Buffer mitigation is required for the proposed Zone 1 and 2 buffer impacts. Please submit
a mitigation plan detailing how the impact will be mitigated. The required area of
mitigation is determined by multiplying the impacts to Zone 1 of the riparian buffer by 3
Division of Water Resources — 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 - 807 -63001 FAX 919 - 807 -6494
Internet vvww ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Foster's Seafood
DWR# 14 -0566
Request for Additional Information
Page 2 of 2
and the impacts to Zone 2 by 1.5 then adding the result. You may elect to perform buffer
restoration or pay a compensatory mitigation fee equivalent to the amount of mitigation
required. Buffer restoration requires planting woody vegetation (trees and shrubs) at a
rate of 320 trees per acre. The following link under Options for Compensatory Mitigation
provides contact information for private mitigation banks in the Tar - Pamlico River Basin
with riparian buffer credits available:
http: // portal. ncdenr .org /web /wq /nutrientbufferbanks. If credits are not available from a
private mitigation bank then you may contact the NC Ecosystem Enhancement to purchase
buffer restoration credits (http: / /portal.ncdenr.org/ web /eep /mitigation - applicants). If you
choose to satisfy the buffer mitigation required with a compensatory mitigation fee, then
you will need to provide a letter from the private bank or NCEEP indicating the availability
of buffer restoration credits necessary for the project. If you choose to satisfy the buffer
mitigation required by restoring riparian buffer then you will need to provide a detail
restoration plan that includes a site plan of the area to be restored and a planting plan.
3. Stormwater treatment must be provided for an area equal to the entire amount of new
impervious area added within the riparian buffer. This includes the surface area
represented by the proposed trailers and loading deck. We will accept treatment of the
same amount of area from proposed impervious surfaces located outside the riparian
buffer in lieu of treating stormwater from the impervious area proposed within the riparian
buffer.
Pursuant to 15A NCAC 02B .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 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 sending four copies of
all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service
Center, Raleigh, NC 27699 -1617.
Please be aware that you have no authorization under the 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.

Foster's Seafood
DWR# 14 -0566
Request for Additional Information
Page 2 of 2
Please contact Anthony Scarbraugh at 252 - 948 -3924 or anthony.scarbraugh @ncdenr.gov or
Jennifer Burdette at 919 - 807 -6364 or iennifer.burdette @ncdenr.gov if you have any questions or
concerns.
Sincerely,
Karen Higgins, Supervisor
401& Buffer Permitting Unit
cc: DWR WaRO 401 files
DWR 401 & Buffer Permitting Unit files