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HomeMy WebLinkAbout20150187 Ver 1_Superceded by 05_11_2015 More Info Recd_20150508From: 8obZaraecki <bzaraecki@sandec.com> Sent: Friday, May U8'ZUl5lZ:Z6PK4 To: 8urdette, Jennifer a Subject: RE: Darar I suspect that you have been following H760. It has been approved by the House and sent to the Senate and passed the 1st reading. It's looking like it's heading towards approval. If approved as it currently stands, I believe it would exempt this property from the buffer rules. The Darars are ok pushing their request to the September meeting pending the final outcome of this bill, if DWR and the WQC/EMC agrees to do so. AOhZarz8Cki Wetlands Department Manager Soil & Environmental Consultants, PA From: Burdette,]ennhera Sent: Wednesday, April 15,20155:13 PI4 To: BoUZarzeck Subject: RE: Oanar I'm cannot put the project on hold pending draft legislation, but can certainly can extend the deadline for additional information until May 8~' 401 & Buffer Permitting Unit NCDENR — Division of Water Resources 1617 Mail Service Center Raleigh, NC27699-1617 (919) 8O7-6364phone (Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9th Or Archdale Bldg) *Email correspondence &oondƒrmm this address may besubject tm the North Carolina Public Records Low and may be disclosed tm third parties unless the content is exempt by statute or other regulation. * From: Bob Zarzecki Sent: Monday, April 1],2O15 1:10 PM To: Bun1ette,]ennifera Subject: RE: Darar "ITTe've been informed of a draft bill which would exempt properties such as hers from the buffer rules. We have notified her of this bill. The earliest that I understand it could become law would b this August. She asked if you all would be willing to put her variance request and violation notice hold awaiting the outcome of that bill. Would you be willing to do this? I AOhZarz8Cki Wetlands Department Manager Soil & Environmental Consultants, PA From: Bob Zarzecki Sent: Tuesday, April 07, 2015 10:52 AM To:'Burdette ]ennifera' Subject: RE: Darar AOhZarz8Cki Wetlands Department Manager Soil & Environmental Consultants, PA From: Burdette,]ennhera Sent: Tuesday, April 07, 2015 10:07 AM To: BnUZarzecW Subject: Oanar MR Just checking on your response to our request for additional information regarding the subject property. The deadline for the May WQC meeting is rapidly approaching. Thanks, Jennifer Jennifer Burdette 401 /Buffer Coordinator 401 & Buffer Permitting Unit NCDENR — Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699 -1617 (919) 807 -6364 phone 0ennifer.burdette @ncdenr.Pov (Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9r" Flr Archdale Bldg) *Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. * Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone; (919) 846 -5900 sandec.com May 8, 2015 S &EC Project # 12409 To: N.C. Division of Water Resources 401 & Buffer Permitting Unit Attn: Jennifer Burdette Archdale Building — 9t' Floor 512 North Salisbury Street, Raleigh, NC 27604 From: Bob Zarzecki Soil & Environmental Consultants, P.A. Re: Darar Property Major Variance — DWR # 15 -0187 Belhaven, Beaufort County, NC On behalf of the owners, Mohamed Ali and Reem Darar, we provide the following additional information in response to and as requested within your March 13, 2015 letter (attached). Please contact me at (919) 846 -5900 if you have any questions or require additional information. Your application indicates that the property owners were not aware of the Tar - Pamlico Buffer Rule when they purchased the home and began remodeling, but contends that constructing the addition and deck outside the riparian buffer would not be possible on the west side of the home due to reservation of an area for future septic system repair and would not provide river front views from both inside and outside of the home if the addition and deck were adding to the north side of the home. A review of aerial photographs of the home prior to the recent modification shows that the main structure of the home was remodeled as well as the addition of a room and deck on the south side. Prior to the recent modifications, the home included a concrete patio and screened porch on the south side overlooking the river. Because the existing home provided river front views from both inside and outside of the home, this office believes that the home could have been remodeled and expanded without impacting the riparian buffer if the proper permits were obtained prior to beginning construction on the project. Please provide a map of the interior layout of the home prior to the recent modifications, a map of the current layout of the home and an explanation of why the home could not have been remodeled and expanded while maintaining the home's existing footprint within the riparian buffer. Page 1 of 4 Requested pre and post construction home layouts and aerials photos are provided. The photos are from 2011 and the survey was from the recorded plat map dated 1997. The Darars purchased the property in 2013. The main home modifications were done by the previous owners prior to the Darars purchasing it; most likely sometime between 2011 (date of aerial photo) and Fall of 2013 (when the Darars purchased the home). The Darars have stated to us that: "There seems to be a lot of confusion on what exactly was done to the house when we bought it. I believe the photographs that they are looking at are too old. It is mentioned that there was a screened porch enclosed and a bedroom added. That was all done prior to our purchase. The house was a 3 bedroom when we bought it and it still a 3 bedroom now. We did not go out of the original footprint on either side of the house. On either side of the house we were confined to keep the original footprint due to the existing septic tank on one side and the proposed new location for the septic tank on the other side. There was no screened porch. I'm assuming the previous owner had already enclosed it to be the now sitting room. The bath was already there. It was a laundry room /bathroom. The carport had been enclosed as an expansion to the existing bedroom but hadn't been finished. We finished it when we bought the house. Also there are 2 bathrooms on the other side. One as master and one guest, also existing. We never left the footprint of the house except with the sunroom. This is what was done to the house (since we purchased it): new windows installed on either side of the house, siding taken off and rotten wood removed and replaced on one side of the house (west side, between us and the neighbors), new deck installed on the front where there was evidence of an existing deck before, enclose portion of the new deck into a sunroom. " The layout of the home at the time they purchased it allowed limited views out the south and partial east sides of the home from the family room and sitting room (pre - existing screened porch). There were only the remnants of a pre- existing deck outside. The additions the Darars added provide west, south and eastern views from the new sunroom and south and eastern views from the deck. 2. Please indicate whether the property includes a private well or is connected to a municipal water supply. Per the 2013 septic permit provided in the application, the property utilizes a "public" (county) water supply (no private well). Page 2 of 4 3. In our pre- application meeting with your environmental consultant, Bob Zarzecki of Soil and Environmental Consultants, Inc., Division staff indicated that a BMP to treat stormwater runoff would not be required if the infiltration rate of the soil is sufficient to prevent stormwater runoff from discharging directly to the river. Your application states that the property is mapped as Tarboro sand on the Beaufort County Soil Survey. Due to the large scale of soil survey mapping, an on -site evaluation must be completed to determine if the soil is mapped correctly. Please provide a description of the on -site soil by a licensed soil scientist. If the description of the soils on -site indicates that the soil is not anticipated to infiltrate stormwater runoff, a BMP to treat stormwater runoff from an area of the existing home equivalent to the amount of riparian buffer impacted by the addition and deck will be required. Mr. Don Wells (N.C. Licensed Soil Scientist No. 1099) of S &EC, PA evaluated the soils on all four sides of the existing home. His report is attached. It appears that the infiltration rates of the soil are sufficient to prevent stormwater runoff from discharging directly to the river. The main portion of the home has been as it is today for many years, and there was only a small addition of impervious surface added for the sunroom, which was completed a year ago or more now. There is no evidence of rills or erosion suggesting that a direct discharge of stormwater runoff to the river. 4. Past major variances approved by the Environmental Management Commission, in which application for the riparian buffer impact is made after-the-fact, have included a proposal to improve to water quality. Please explain how approval of the project would provide an improvement to water quality such as proposing to relocate the existing septic system that is currently within the buffer to the repair area or providing wastewater pretreatment to improve the performance of the existing septic system within the buffer. The current system was not found to be failing. Relocating the septic system to the repair area at this time would not leave a future repair area available if the current system was found to be failing in the future, with exception of an expensive, high maintenance pre - treatment system or pump and haul system. The owners would like to maintain the existing system and repair area as they are, due to prohibitive costs associated with a pre - treatment system and to maintain an onsite repair area. If the house is ever damaged by a storm and needs to be rebuilt, the county will require the existing septic system to be abandoned and the new system within the repair area to be installed. The buffer impacted by the new sunroom and deck provided very limited functions to water quality. The area was only partially covered in grass with no woody vegetation. It was already impacted by an existing concrete slab and deck and stairs. Also, in reviewing historical aerial photos, there is clear evidence that Page 3 of 4 the area was heavily used for storage. The buffer mitigation payment proposed by the applicant should go far greater to improving water quality within the basin than the protection of this previously impacted buffer. 5. Your application proposes payment to NC Ecosystem Enhancement Program (EEP} for purchasing buffer mitigation credits. NCEEP issued a conditional acceptance letter stating that EEP will only accept payment if the mitigation is allowed to occur within the 8 -digit HUC or two 8 -digit HUCs that are adjacent to the 8 -digit HUC in which the project is located. The consolidated buffer mitigation rule (15A NCAC 02B. 0295) requires a 2:1 ratio be applied to the area of mitigation required when the mitigation site is located in an adjacent 8 -digit HUC relative to that of the proposed impact site. Please provide an acceptance letter that would apply the correct location locational mitigation ratio if the mitigation is not located within the 8 -digit HUC in which the project is located. Requested acceptance letter is attached. It's our hopes that the responses above and attachments provide sufficient information for you to complete your review of this variance request. If not, please don't hesitate to contact us. Attachments: • DWR Request for Additional Information March 13, 2015 • Pre and Post Aerial Photos & Home Layout Exhibit • S &EC Soil Evaluation April 30, 2015 • EEP Acceptance Letter (revised) Page 4 of 4 AMEN l� u MAR 18 2015 �'� North Carolina Department of Environment and Natural Resources 7 P11 Frw;; onrrentwu [, )n.,JIian'ts, PA Pat McCrory Donald R. van der Vaart Governor Secretary March 13, 2015 DWR # 15 -0187 Beaufort County Mohamed Ali and Reem Darar 1205 Kinsdale Drive Raleigh, NC 27615 Subject: REQUEST FOR ADDITIONAL INFORMATION Darar Property Major Variance Dear Mr. & Mrs. Darar: On February 19, 2015, the Division of Water Resources (Division) received your application dated February 18, 2016 [sic], requesting a Major Variance of the Tar - Pamlico Riparian Buffer Rule 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. Your application indicates that the property owners were not aware of the Tar - Pamlico Buffer Rule when they purchased the home and began remodeling, but contends that constructing the addition and deck outside the riparian buffer would not be possible on the west side of the home due to reservation of an area for future septic system repair and would not provide river front views from both inside and outside of the home if the addition and deck were adding to the north side of the home. A review of aerial photographs of the home prior to the recent modification shows that the main structure of the home was remodeled as well as the addition of a room and deck on the south side. Prior to the recent modifications, the home included a concrete patio and screened porch on the south side overlooking the river. Because the existing home provided river front views from both inside and outside of the home, this office believes that the home could have been remodeled and expanded without impacting the riparian buffer if the proper permits were obtained prior to beginning construction on the project. Please provide a map of the interior layout of the home prior to the recent modifications, a map of the current layout of the home and an explanation of why the home could not have been remodeled and expanded while maintaining the home's existing footprint within the riparian buffer. 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 -6300 \ FAX: 919 - 807 -6494 Internet: www.ncwaterguality.org An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper Moahamed Ali & Reem Darar DWR# 15 -0187 Request for Additional Information Page 2 of 3 2. Please indicate whether the property includes a private well or is connected to a municipal water supply. 3. In our pre - application meeting with your environmental consultant, Bob Zarzecki of Soil and Environmental Consultants, Inc., Division staff indicated that a BMP to treat stormwater runoff would not be required if the infiltration rate of the soil is sufficient to prevent stormwater runoff from discharging directly to the river. Your application states that the property is mapped as Tarboro sand on the Beaufort County Soil Survey. Due to the large scale of soil survey mapping, an on -site evaluation must be completed to determine if the soil is mapped correctly. Please provide a description of the on -site soil by a licensed soil scientist. If the description of the soils on -site indicates that the soil is not anticipated to infiltrate stormwater runoff, a BMP to treat stormwater runoff from an area of the existing home equivalent to the amount of riparian buffer impacted by the addition and deck will be required. 4. Past major variances approved by the Environmental Management Commission, in which application for the riparian buffer impact is made after - the -fact, have included a proposal to improve to water quality. Please explain how approval of the project would provide an improvement to water quality such as proposing to relocate the existing septic system that is currently within the buffer to the repair area or providing wastewater pretreatment to improve the performance of the existing septic system within the buffer. 5. Your application proposes payment to NC Ecosystem Enhancement Program (EEP) for purchasing buffer mitigation credits. NCEEP issued a conditional acceptance letter stating that EEP will only accept payment if the mitigation is allowed to occur within the 8 -digit HUC or two 8 -digit HUCs that are adjacent to the 8 -digit HUC in which the project is located. The consolidated buffer mitigation rule (15A NCAC 02B.0295) requires a 2:1 ratio be applied to the area of mitigation required when the mitigation site is located in an adjacent 8 -digit HUC relative to that of the proposed impact site. Please provide an acceptance letter that would apply the correct locational mitigation ratio if the mitigation is not located within the 8 -digit HUC in which the project is located. 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. Moahamed Ali & Reem Darar DWR# 15 -0187 Request for Additional Information Page 3 of 3 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 -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. Please contact Jennifer Burdette at 919 - 807 -6364 or iennifer.burdette @ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Super isor 401 & Buffer Permitting Unit cc: Bob Zarzecki, Soil & Environmental Consultants, Inc., 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 DWR WaRO 401 file DWR 401 & Buffer Permitting Unit file r t lo. VO, J(16� l �� 11L1•l �` `;� s � , o `�.' •', f � •!�� t�.` O AMR ii 1 t 'll I a� /i 3f jbrrQi pLp Ef df n cf s42- 3122 pn f rhzpvugpn sf dpsef a grhun bq ebLf a #9 vyt f e Kvre 25- 2:: 9# JpJ ; Ui f dvssf oupx of st eje opun pejg: u f x f t utjef pgd f i pn f / Ui jt x bt epof cz qsf vypvt px of st pn f On f cf uc f f o 3122 )ebLf pgbf Ibngi prp* boe x i f o 0 f dvssf oupx of st gvsdi bt f e jujo 3124/ 1� A Bf jbrrQi pLp Bglrr87- 3125 1 pn f rbzpvugpn of x t vad z grbun bq gspvyef e jo \Ablbodf bgq#bypo/ Sppn rbzpvubggspyjn bLf e/ OpLf ; Ui f pore di bohf t u f dvssf oupx of st n bef rp u f g)pLgloupgd f i pn f x bt u f beejypo pgd f t vosppn pW sb gpsypo pgb qsf .f yjt yoh dpodsf rf t rbc boe sf n obod pgb qsf .f yjt yoh of d1 - boe d f of d1 boe t J qt pW s gpsypo pgd f sf n obod pgb qsf .f yjt Ooh of d1 / `b o 12,246.95 sq. ft. 5 24 °51'01 "W "I S.wd.stk. -P x I' ! 3.84' �•�-rlr.S TrsOr 4� ( 32" abase grade } Ss-,°i9��J•. es�ab °pI 4, S.wd.stl 32" alp t 59 7E 400' t bulkhead cap) eZ jPs f dock NPS �w ti NPS 72 °4� 30'( zone 1 j C"? N 70009'01"W 23.25' N 81 °25'27" NPS t._ 47.48' r NPS Environmental Consultants, 8412 Falls of N ease Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846 -5900 sandec.com Mohamed Ali and Reem Darar April 30, 2015 1205 Kinsdale Drive S &EC Project 912409.51 Raleigh, NC 27615 Re: Soil Series Evaluation on 734 Old Pamlico Beach Road, Belhaven, NC. Dear Mr. & Mrs. Darar: Soil & Environmental Consultants, PA (S &EC) has performed a limited soil series evaluation on the above referenced property. This was performed at your request as part of the preliminary planning process in order to determine if the soil series that is shown on the Beaufort County Soil Survey is mapped correctly for this property. The fieldwork was performed on April 27, 2015. Soil /Site Evaluation Methodolw The site evaluation was performed by advancing hand auger borings to a depth of 4 to 6 feet around the existing house (see attached Figure 1 map provided by client). The soil boring locations were based on; site access, identifying possible buried utilities (water sewer, electricity) and to provide coverage on the lot for the soil evaluation process. The soil morphological conditions were described at these locations using standard techniques outlined in the "Field Book for Describing and Sampling Soils" published by the Natural Resources Conservation Service (NRCS, 2002). A detailed soil profile description from each boring location is included in Attachment 1 to this report. Soil /Site Conditions This site is located in the Coastal Plain geological area consisting of alluvial and marine sediments. The property is located adjacent to the Pamlico River therefore stream terrace influence is noted and expected for the soil development. According the Beaufort County Soil Survey, this area is mapped as a Tarboro soil series. The Tarboro soil series is a very deep somewhat excessively drained soil due to being mostly loamy sand and sand to a depth of 60 + inches. The field investigation revealed that the soils at this site are not classified as a Tarboro soil series. The soils located on this lot have been slightly disturbed with areas of fill material placed over the underlying natural soil. The surface soil does have a fine sandy loam to loamy sand soil texture and it ranges from 6 to 18 inches deep. These types of soil textures do offer some initial soil infiltration of precipitation. Again, it appears this surface soil material is fill and based on the characteristics, it may have been on the lot for a long period of time as some degraded shell fragments were observed in two of the soil borings. In most areas on the lot, the fine sandy loam surface soil is over the natural occurring loamy sand soil. Within the lower soil profile, the soil texture range from a loamy sand to sandy clay loam to a clay and the water percolation rate will vary according to these soil textures. The soil on the west side (SB -1 location) of the house has approximately 18 inches of fine sandy loam fill over the natural soil. This natural soil has a loamy sand texture down to 28 inches and then it changes to sandy loam texture, and then to a sandy clay at 42 inches below current land surface. Below this sandy clay layer is a firm, plastic clay layer and it was noted at 48 inches below land surface. The soils on the east side of the house appear to have been mostly disturbed which could be associated with the on -site septic field. The surface soils on the east side (SB -2 location) have a loamy sand texture and the lower soil profile is a mix of sandy loam and clay down to a depth of 36 inches. At this depth, a fine sandy loam spodic (organic) layer was noted. The soils on the north side of the house (SB -3 location) are similar to the soil on the west side. There is a fine sandy loam mixed fill surface to a depth of 18 inches. From 18 to 32 inches, the soil has a loamy sand texture. From 32 to 36 inches, it changes to a sandy clay loam/sandy clay texture then changes to a firm, plastic clay at 36 inches below land surface. The soils on the south side (SB -4) have also been disturbed, most likely associated with the bulk head that is constructed adjacent to the Pamlico River. The surface soil in this location has a fine sandy loam texture to a depth of 6 inches. Then from 6 to 20 inches, there is a mixture of clay and sandy clay loam soil with some layers of loamy sand noted. This mixed soil is above a clay layer which extends to 48 + inches below land surface. Maximum Instantaneous Application Rate: Given that the soil type on this lot is variable, Table 1 (see attached) provides some the typical ranges of soil infiltration rates as a function of texture and slope. Most of the surface soil textures encountered on the site fall into the fine sandy loam classification. Additionally, the site is relatively flat so the slopes of 4 to 3% would apply to this lot. Therefore typical instantaneous application rates for initial rainfall infiltration could be 0.5 to U.1 in hr-1. The infiltration rates noted in Table 1 was obtained from the Sprinkler irrigation Association, Sprinkler Irrigation (1969). S &EC has not made any on -site measurements for soil infiltration, the numbers referenced above are used only as a general guide and with the fill observed on this lot, the in -situ rates could be different than what is shown in the table. If requested or needed, S &EC can perform soil infiltration measurements on this lot. Soil & Environmental Consultants, PA is pleased to be of service in this matter and we look forward to assisting in the successful completion of the project. Please feel free to call with any questions or comments. Sincerely Soil & Env' ental Consult Don Wells, Hydrologist Licensed Soil Scientist #I SOIL ��• o L a rjls Cray 3o- S �9r "'F 4 �z A U" A � Q NORTH �P Dv_ A. 0.281 Ac. ixrcn FF c a miv��u '` o Isar r v?WlrwFF .': ay■ ■ . wi N VWV J' - y I!]8 ip Pamlico River ®arar Property 734 Old Pamlico Beach Road Beaufort County, NC Project M Scale: 12409.51 tiTS Project late: Figure 1 - Sketch Map- Soil & Environmental Consultants, PA Mgr.: OW 4.28.15 Sail Boring Locations 8412 Falls of Neuse Road, Suge 104.- Raleigh, NC 27615 in (919) 846 -5900 - (919) 846 -9467 Web Page: www.SandEC.com Table 1 Typical ranges of soil infiltration rates by soil texture and slope. Source: Sprinkler Irrigation Association, Sprinkler Irrigation (1969) * For good vegetative cover, these rates may be 25 -50% greater. For poor surface conditions, rates may be as much as 50% less. Basic Infiltration Rate (in/hr)* Slope Texture ----------------------------------------- 0 -3% 3 -9% 9 +% --------------------------------------------------------------------------------------------------------- sands 1.0+ 0.7+ 0.5+ loamy sands 0.7 -1.5 0.5 -1.0 0.4 -0.7 sandy loams and fine sandy loams 0.5 -1.0 0.4 -0.7 0.3 -0.5 very fine sandy loam and silt loam 0.3 -0.7 0.2 -0.5 0.15 -0.3 sandy clay loam and silty clay loam 0.2 -0.4 0.15 -0.25 0.1 -0.15 clay and silty clay 0.1 -0.2 0.1 -0.15 < 0.1 Source: Sprinkler Irrigation Association, Sprinkler Irrigation (1969) * For good vegetative cover, these rates may be 25 -50% greater. For poor surface conditions, rates may be as much as 50% less. Attachment 1. Soil Boring Profile Description SB -1, Area west of house Horizon & Depth Texture, & 9L Structure Munsell Color Notes A 0 — 18 in Fine Sandy Loam, to Loamy Sand Single Grain 10 YR 4/2 10 YR 6/3 10 YR 3/2 Mixed Fill Top Soil Shell Fragments BA 18 — 20 in Loamy Sand Single Grain 10 YR 3/2 Buried Natural Soil E 20 — 28 in Loamy Sand Single Grain 2.5 Y 7/3, Spodic Layer B 28 — 42 in Sandy Loam Weak Single Grain 2.5 Y 6/6 10 YR 4/1 Mt Bt 1 42 — 48 in Sandy Clay Weak Blocky 10 YR 5/6 Bt2 48 — 66+ in Clay Massive - Structureless 10 YR 5/2 7.5 YR 5/8 Mt Firin, Plastic SB -2, Area east of house Horizon & Depth Texture, & Structure Munsell Color Notes A 0 — 6 in Fine Sandy Loam, to Loamy Sand Single Grain 10 YR 4/3 Mixed Fill Top Soil BA 6 — 36 in Sandy Loam Mixed with Clay 2.5 Y 4/4 10 YR 3/1 10 YR 6/2 10 YR 5/8 Disturbed Sub Soil Mottled Bh 36 — 48 in Fine Sandy Loam Single Grain 10 YR 2/1, Spodic Layer C 48 — 55+ in Fine Sand Loam Single Grain 2.5 Y 4/2 SB -3, Area north of house Horizon & Depth Texture, & Structure Munsell Color Notes A 0 — 18 in Fine Sandy Loam Single Grain 10 YR 2/2 10 YR 3/3 Mixed Fill Top Soil Shell Fragments BA 18 — 32 in Loamy Sand Single Grain 2.5 Y 6/4 Buried Natural Soil Btl 32 — 36 in Sandy Clay Loam to Sandy Clay Weak Blocky 2.5 Y 5/6, Firm, Plastic Bt2 36 — 54 + in Clay Massive - Structureless 2.5 Y 6/2 2.5 Y 7/3 Mt 2.5 Y 511 Mt Firm, Plastic SB -4, Area south of house Horizon & Depth Texture, & Structure Munsell Color Notes A 0 — 6 in Fine Sandy Loam Single Grain 10 YR 6/3 Mixed Fill Top Soil Btl 6 — 20 in Clay /Sandy Clay Disturbed 10 YR 3/2 10 YR 511 Mixed Soil Bt2 20 — 48 + in Clay Massive - Structureless 2.5 Y 7/4 2.5 Y 7/1 5 YR 5/8 Firm, Plastic 4 &T F * WA CCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mohamed Ali Reem Darar 1205 Kinsdale Drive Raleigh, NC 27615 Project: Darar Major Variance Ecosystem Enhancement Program Donald R. van der Vaart Secretary March 11, 2015 Expiration of Acceptance: September 11, 2015 County: Beaufort This is a revised acceptance letter; it replaces one issued dated February 20, 2015. The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activitv includine SL 2009- 337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by S.L. 2011 -343. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit /401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In- Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to NCEEP for this impact is determined by permitting agencies and may exceed the impact amounts shown below. *The EEP does not currently have riparian buffer mitigation credit available in the 03020104 hydrologic unit (huc). EEP rp ovoses to use credits from an adjacent huc to meet this mitigation requirement. Per 15A NCAC 0213.0295, a 2:1 locational ratio is required to use mitigation in an adjacent huc. Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. cc: Bob Zarzecki, agent Sincerely, (:: Jam B Stanfill Asset Management Supervisor 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919 - 707 -89761 Internet: www.nceep.net An Equal Opportunity 1 Affirmative Action Employer — Made in part from recycled paper River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer R (Sq. Ft.) Cold Cool Warm Riparian Non - Riparian _ Coastal Marsh Impact Tar - Pamlico 03020104* 0 0 0 0 0 0 587 0 *The EEP does not currently have riparian buffer mitigation credit available in the 03020104 hydrologic unit (huc). EEP rp ovoses to use credits from an adjacent huc to meet this mitigation requirement. Per 15A NCAC 0213.0295, a 2:1 locational ratio is required to use mitigation in an adjacent huc. Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. cc: Bob Zarzecki, agent Sincerely, (:: Jam B Stanfill Asset Management Supervisor 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919 - 707 -89761 Internet: www.nceep.net An Equal Opportunity 1 Affirmative Action Employer — Made in part from recycled paper