20151164 Ver 1_More Info Received_20151208

Burdette, Jennifer a
From: Keith Hackney <[e-mail]>
Sent: Tuesday, December 08, 2015 11:21 PM
To: Burdette, Jennifer a
Subject: Whitford Buffer In -Lieu Fee Mitigation Request
Attachments: BUFF TP Whitford Buffer Variance.pdf
Dear Ms. Burdette:
I believe the attached letter corrects the mitigation information you questioned in the earlier letter that was submitted as
part of our Major Variance Application package. Please let me know if you feel this new letter is acceptable.
Please let us know if you have any further questions.
Please let us know what the agenda and schedule will be if we are on the schedule for the January meeting.
Thank you for your guidance and assistance.
Sincerely,
Keith D. Hackney
110 W. 3rd Street
P.O. Box 1268
Washington, NC 27889
252-946-4197
Fax [phone]
khacknev(@hacknevlaw.com
1

E),wit,onmerital
Quality
December 1, 2015
Daniel Whitford
748 Down Shore Drive
Blounts Creek, NC 27814
Project: Whitford Buffer Variance
PAT MCCRORY
gi11J47"M'tY:7B..
DONALD R. VAN DER VAART
Expiration of Acceptance: June 1, 2016
County: Beaufort
This is a conditional acceptance letter. The purpose of this letter is to notify you that the NCDEQ Division of Mitigation
Services (DMS) 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
DMS in -lieu fee mitigation program will be approved by the permit -issuing agencies as mitigation for project impacts. It is
the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved.
You must also comply with all other state, federal or local government permits, regulations or authorizations associated
with the proposed activity including G.S. § 143-214.11.
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/CAA permit within this time frame, this acceptance will expire. It
is the applicant's responsibility to send copies of the permits or other applicable documentation to DMS. Once DMS
receives a copy of the permit(s) an invoice will be issued based on the required mitigation in the permits and payment
must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed at http://portal.ncdenr.org/web/eep.
Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory
mitigation are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact
is determined by nermittino aaenciPs anti mnv Pxrtaarl tho imnnr t omni infc chn.. hnl....,
River
CU Location
Stream (feet)
Wetlands (acres)
Buffer I Buffer II
Basin
(8 -digit HUC)
(Sq. Ft.) (Sq. Ft.)
Cold
Cool Warm
Ri arian Non-Ri aria n
Coastal Marsh
Tar-
Pamlico
03020104*
0
0 0
0 0
0
164 194
Impacttf If
* Buffer mitigation credit is not currently available in the 03020104 HUC; therefore DMS proposes to use buffer mitigation
credit outside of the HUC of impact. 15A NCAC 02B .0295(f) requires an additional 2:1 locational mitigation ratio be
applied. Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation
will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295
as applicable.
Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional
information, please contact Kelly Williams at [phone].
Sincerely,
Jam -es. B Stanfill
Asset Management Supervisor
cc: Anthony Scarbraugh, NCDWR-Washington
Marie Peedin, PE -agent
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