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HomeMy WebLinkAbout20121055 Ver 2_More Info Letter_20150220NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 20, 2015 CERTIFIED MAIL: 7014 0150 0000 7802 0562 RETURN.RECEIPT REQUESTED City of Greenville Attn: Mr. Lynn Raynor 1500 Beatty Street Greenville, NC 27834 Subject: REQUEST FOR ADDITIONAL INFORMATION South Tar River Greenway, Phase 3 Dear Mr. Raynor: Donald R. van der Vaart Secretary DWR # 12 -1055 Ver. 2 Pitt County On January 1, 2015, the Division of Water Resources (Division) received your application dated December 11, 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. Avoidance and Minimization This should include alternative designs and layouts of the proposed greenway hiking trail. [15A NCAC 02H .0506(f) and (g) and 15A NCAC 02B .0259(8)] This Office believes that the sites labeled on the plans as 11, 12, and 16 can be moved or'. reconfigured to avoid the impacts to the riparian buffers and /or wetlands. Please revise the plans to avoid the impacts or provide a detailed explanation of why this plan for the activity cannot be practically accomplished, reduced, or reconfigured to avoid impacts to the riparian buffer. 2. Plan Details Please provide cross section of wetland and buffer impacts sites and typical cross section of the proposed hiking trail including fill slopes. [15A NCAC 02H .0502(g)] 1 3. NonerosiJe Velocity Please provide calculations to show the outlet velocity from all outlet(s) to the wetland(s) and riparian buffers. A non - erosive velocity of two feet per second or less must be achieved for the peak flow from the 10 -year storm. [15A NCAC 02B .0231 and 15A NCAC 02B .0259(5)1 Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946 -6481 1 Fax: 252-975-3716k 1nternet: www.nedenr.gov An Equal Oppodunily \ Alfrmatve Action Employer— Made in part by recycled paper City of Greenville Attn: Mr. Lynn Raynor DWR# 12 -1055 V2 Request for Additional Information Page 2 of 3 4. Variance Requirements The proposed impacts associated with any additional impacts to the riparian buffer other than the installation of a pre -form scour at the end of an existing stormwater outlet are considered prohibited [15A NCAC 02B .0259(6)] and will require a request for a Variance. Minor Variances are for impacts within Zone 2 of the buffer and must meet all of the requirements listed in 15A NCAC 02B .0259(9). Please submit 2 copies of the Minor Variance Application form along with site plans to the Washington Regional Office at 943 Washington Square Mall, Washington, NC 27889. Major Variances are for any impacts within Zone 1 of the buffer. Approvals for major variances may only be granted by the N.C. Environmental Management Commission - Water Quality Committee (WQC) as required by 15A NCAC 02B .0259(9)(c). Please submit 3 copies of the Major Variance Application Form along with site plans to NC DWR, 461& Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27669 -1650. To secure your placement on the next WQC meeting for your proposed major variance, you must submit a major variance application to the Central Office six (6) weeks prior to the Committee meeting date. To view the WQC meeting dates, click on this link: http: / /portal.ncdenr.org /web /emc. [15A NCAC 02B .0259(6)] Pursuant to 15A NCAC .02B .0231, 15A NCAC 2B. 0259 (5), (6), (8), (9), (9c), Title 15A NCAC 02H .0502 (g), and Title 15A NCAC 02H .0506 (f)and (g), 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. i 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 three copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699 -1650. I Please be aware that you have no authorization under the Section 401 of the Clean Water Act or the Tar - Pamlico Riparian Buffer Rules for this activity and any work done within waters of the state or riparian buffer may be a violation of North Carolina General Statutes and Administrative Code. Please contact me at 252- 948 -3924 or anthony.scarbraughPncdenr.gov if you have any questions or concerns. I , City of Greenville Attn: Mr. Lynn Raynor DWR# 12 -1055 V2 Request for Additional Information Page 3 of 3 Sincerely, 4-' kard Robert Tan, Assistant egional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDENR cc: Kyle Barnes, USACE Washington Regulatory Field Office Pat McClain, DEMLR WaRO DWR WaRO 401 files Jennifer Burdette, DWR 401 & Buffer Permitting Unit Jason Hartshorn, Kimley -Horn, 3001 Weston Parkway, Cary, NC 27513