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HomeMy WebLinkAbout20181108 Ver 4_Buffer Auth_Request for more info_20230523ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality May 23, 2023 DWR # 2018-1108 V4 Beaufort County Mr. Steve Trowell, 102 East Watson Street Windsor, NC 27983 stcvcitrowell@gmail.com Subject: REQUEST FOR ADDITIONAL INFORMATION Tar -Pamlico Riparian Buffer Authorization Request 15A NCAC 02B .0734 and 15A NCAC 02B .0611 TJ's Transient Marina — Expansion of Marina Dear Mr. Trowell: On March 24, 2023, the Division of Water Resources (Division) received your additional information submitted to supplement your application requesting a Tar -Pamlico Riparian Buffer Authorization from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed at this time. The application is on -hold until the following information is addressed and received: 1. On April 27, 2023, the Division received a copy of a CAMA Major Permit Application for the above subject project. This CAMA Major Permit application is under review by the Division as well as other regulatory agencies. The proposed project footprint and layout may change based on comments from these agencies, which in turn, may cause the buffer impacts to be modified from the current proposal. a. Please consider any comments from these other resource agencies, and modify the project as needed, and include how these modifications will adjust the buffer impacts as proposed. � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA oaa..m.mof�runn,aM,lOual\ /� 919.707.9000 DWR # 20181108 V4 Page 2 of 3 2. The buffer impacts are listed as 41,775 sq. ft. of Zone 1 and 29,330 sq. ft of Zone 2, totaling 71,105 sq. ft. The proposed reestablished buffer with the proposed plantings of live oak and dogwood tress total 52, 741 sq. ft. There appear to be areas that could be planted and proposed to make up some of this difference along Sargeant Canal, along the buffer of Battalina Creek where the subsurface excavation was eliminated, along the east end of Boat Harbor Canal, or possibly across Baker's Creek on Tract C. a. Please provide a planting plan, with at least 2 plant species, to establish at least the amount of buffer excavation as proposed. b. These plantings will require 5-year monitoring plan which will include like -plant replacements if there is mortality. The restoration areas shall remain in perpetuity as a condition of any approval from the Division. Monitoring reports will be required just as any buffer restoration site and reports shall be submitted to the Division as specified in any approval. 3. The proposed gravel impacts are within Zone 1 along the east side of Boat Harbor Canal. a. Please provide details of these impacts within the buffer and provide the justification. It is unclear why both are proposed. It is possible the gravel drive along with the Extension of East Street be modified for Zone 2 impacts only? Pursuant to 15A NCAC 02B .0734 and 15A NCAC 02B .0611, the applicant shall address the above items and furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by submitting all of the above requested information through this link: https:Hedocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# 20221108 V4 on any submittal of additional information). If all the requested information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division with a complete updated application package for an approval or exception request. Please be aware that you have no authorization under the Tar -Pamlico Riparian Buffer Rules 15A NCAC 02B .0734 and 15A NCAC 02B .0611 for this activity and any work done within these buffers or waters of the state may be a violation of North Carolina General Statutes and Administrative Code. D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources NORTH CAROL NA ��` !!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 oeprUm tofEmlmMIB�IOwI 919.707.9000 DWR # 20181108 V4 Page 3 of 3 Please contact David May 252-946-6481 or David.May@deg.nc.gov if you have any questions or concerns. Sincerely, David May, Supervisor Water Quality Regional Operation Section Division of Water Resources Washington Regional Office cc: Tobin Tetterton, TJ Land Development (tobin@rsnet.org) Steve Trowell, (stcvcjtrowell@gmail.com) Raleigh Bland, USACE Washington Field Office (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Kelly Spivey, DCM WaRO (via e-mail) Maria Dunn, NC WRC — WaRO (via e-mail) Jimmy Harrison, NC DMF — WaRO (via e-mail) DWR Files/Laserfiche Filename: 20181108V4_TJsTransientMarina_BufferAuth_RegForinfo2(Beaufort) D � � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA 04patneMbfE I,n UI0-Ift /� 919.707.9000