HomeMy WebLinkAbout20140573 Ver 1_More Info Letter_20140910NCDENR
North Carolina Department of Environment and Natu4 Resources
Pat McCrory
Governor
September 10, 2014
Cayton Development Company, LLC
Attn: Mr. Scott Cayton
P O Box 3361
New Bern, NC 28564
Subject: REQUEST FOR ADDITIONAL INFORMATION
Grantsboro Sand Mine
Dear Mr. Cayton:
Jahn C. Skvarla, III
Secretary
DWR # 14 -0573
Pamlico County
On July 31, 2014, the Division of Water Resources (Division) received your application dated July
29, 2014, requesting a 401 Water Quality Certification from the Division for the subject project. In
accordance with 15A NCAC 02H .0503, a Public Notice for the subject project was published in the
New Bern Sun Journal on August 8, 2014. Attached is a copy of the affidavit of publication. 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 submit $176.78 to pay for the costs of advertising the public notice, as required in
Title 15A NCAC 02H .503(f).
2. In section D. 5. a. of the application, it states that the two existing open water pits will be
converted to herbaceous systems. Later in the same section and the mitigation plan
indicate that the area will be planted with woody wetland plant species. Please confirm
that the open water areas will be planted with woody wetland plant species.
3. We request the following information regarding the Wetland Mitigation Plan:
a. In section II. A. and B. 2. of the Wetland Mitigation Plan, please clarify that 5.68
acres of wetland preservation will be provided in addition to the 6.51 acres of
restoration, creation and enhancement proposed as mitigation for the existing and
proposed wetland impacts.
b. The Division considers the conversion of the open water areas on this site into
forested wetlands as restoration. The mitigation credit for each type of mitigation
shall be determined by dividing the type of mitigation provided by 1 for restoration,
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: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
6ontdxoroSand Mine
DWR# 14-0573
Page 2 of 2
1.5 for creation, 2 for enhancement and 5for preservation. Please amend the table
in section U. A. to reflect these ratios.
c. Please provide a schedule for mitigation construction. The Division requires that
mitigation construction be completed within 1 year Qf issuance Of the 4O1 VV@tgr
Quality Certification for the project.
d. |n section U.D., please indicate the Source(s)ofhydricsoil.
e. Planting vegetation on 15-fOOt centers yields 193 trees per acre, which will not
achieve the industry standard for wetland vegetation success of 260 trees per acre
after five years. The Division recommends over planting woody vegetation (e.g. 11
ft x 11 ft spacing) to accommodate the expected mortality associated with large
scale planting.
t Because successional species such as Acer rubrum (Maple, red) are anticipated to
colonize the restoration area on their own, please remove this species from the
planting plan.
g. The Conservation Declaration must to be amended to reflect the total preservation
area of 12.19 acres and reference the 401 Water Quality Certification mitigation
requirement and enforcement by the Division Df Water Resources.
h. Please amend the planting plan to include at least three of the vegetation species
listed.
L The following comments are related tO the ecologically-based performance
standards for the wetland mitigation plan:
i. This Office believes that a total of five vegetation sampling plots are
necessary to evaluate the success of the vegetation planting within the
proposed wetland mitigation plan. Locate one plot in the center of each of
the open water areas to be restored. Locate two plots within the creation
area. One of these should he located inthe center of the creation area east
o[ the northern open water area and one in the widest creation area located
between the open water areas and the enhancement area. Centrally locate
one plot within the enhancement area,
ii. This Office believes that a total of four wells are necessary to evaluate the
hydrological success of the proposed wetland mitigation plan. Locate one
well in the center of each pond. Two wells must be located in the wetland
creation area. Locate one well on the west side of the open water areas and
one on the east side of these areas.
iii, Please incorporate monitoring of the restoration and creation areas for
volunteer establishment that may jeopardize (or enhance) the success of the
planted species.
iv. This Office believes that the minimum requirement to meet hydrology
success criteria for all created and restored areas should be saturation
Grantsboro Sand Mine
0NR#14-05B
Request for Additional Information
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within the upper l2 inches of the soil for 6Y6ofthe growing season
(consecutive days) as proposed for the enhancement area.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. |f 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 b will bereturned. The return of this project vvi||necessi1ate
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 three copies
of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service
Center, Raleigh, NC276D8-I527.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act/
Isolated Wetlands and Isolated Waters Rules for this activity and any work done within waters of
the state may beaviolation of North Carolina General Statutes and Administrative Code.
Please contact Roberto Sch8Uer@t/252¢48-394Oor or Jennifer
Burdetteat(919)807-6364ori2n_n erburLtte Rg�v if you have any questions or
cc: Dana Lutheran, Southern Environmental Group, Inc., 5315 South College Road, Ste E,
Wilmington, NC 28413
USACE Washington Regulatory Field Office
DVVRVVaR(]4O1files
DVVR4Ol& Buffer Permitting Unit files
Filename: 140573GrantsboroSandMine(Pamlico)_401—IC—Hold.docx