20160073 Ver 1_More Info Requested_20160205

Water Resources
ENVIRONMENTAL QUALITY
February 5, 2016
CERTIFIED MAIL: 7015 0640 0005 9080 5446
RETURN RECEIPT REQUESTED
Barbara Jemison
34 Northern Pond Road
Ocracoke, NC 27960
Subject: REQUEST FOR ADDITIONAL INFORMATION
Barbara Jemison Project — 34 North Pond Road
Dear Ms. Jemison:
PAT MCCRORY
Guvemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Diremor
DW R # 16-0073
Hyde County
On January 21, 2016, the Division of Water Resources (Division) received your application dated January
16, 2016, requesting a 401 Water Quality Certification and Buffer Authorization from the Division for the
subject project. The Division has determined thatyour application is incomplete and cannot be processed.
The application is on -hold until all of the following information is received:
1. Construction Details
Please provide a narrative describing measures (i.e. utilization of matting, silt fence and/or
turbidity curtain) that will be taken in order to in minimize impacts to 401/404 wetlands and/or
waters during the subject project. Please note, this Office raised concerns during the scoping
meeting on August 24, 2015 regarding potential release of petroleum products from operation of
machinery in open waters. As part of the narrative, please conduct an alternative analysis
addressing why this is the preferred methodology compared to other dredging methods. [Title
15A NCAC 02H .0506 (b)(1),(b)(2),(b)(3),(b)(6), and (6)(f), 15A NCAC 02B.0221 (3), 15A NCAC 02B
.0224 (1), and 15A NCAC 02B .0259(8)(b)(iv)]
Plan Details for Tar -Pamlico River Riparian Buffer Rules
• Please locate all of the protected riparian buffers as overlays on the site plan, clearly showing
Zone 1 and Zone 2 (i.e. existing property boundaries and onsite structures). In addition, please
enumerate all riparian buffer impacts on the site plan and clearly label impacts (Buffer Impact 1,
etc.). The Division recommends highlighting by hatching or shading all impacts areas for
temporary impact areas and permanent impact areas. [15A NCAC 02B .0259(8)(b)(iv)]
Mitigation Requirements
State of North Carolina I Environmental Quality I Water Resources —Water Quality Regional Operations—Washington Regional Off -ice
943 Washington Square Mail, Washington, NC 27889
252-946-6481

Ms. Barbara Jemison
Request for Additional
Information
Page 2 of 3
Please note, that excavation of an upland basin fall within the Table of Uses as "Allowable" only
if the 50 -foot buffer is re-established from the new waterline. The structures on these properties
prevents the reestablishment of a new 50 -foot buffer. Uses that are allowable with mitigation
must stipulate how the impacts will be mitigated, The area of buffer impact shall be determined
by the square foot in each zone for the (i) area of the footprint of the use causing the impact to
the of the riparian buffer (ii) the area of the boundary of any clearing and grading activities within
the buffer necessary to accommodate the use (iii) the area of any ongoing maintenance corridors
with the buffer associated with the use. The required area of mitigation shall be determined by
applying multipliers to square foot of impact in each zone as follows> For impacts to Zone 1
multiplied by 3 and impacts to Zone 2 shall be multiplied by 1.5 will required buffer mitigation
15A NCAC 02B .0259(7)(c) authorization for allowable with mitigation, or 15A NCAC 02B .0259(9)
for variance]. In addition the ratios below under 15A NCAC 02B .0295 (f), ..."the applicant or
mitigation provider shall use the following ratios as applicable based on location of the proposed
mitigation site relative to that the proposed impact site..." Location ratios shall be as follows:
Location
Ratio
Within the 12 -digit HUC
0.75:1
Within the eight -digit HUC
1:1
Outside of the eight -digit HUC
2:1
Please submit an approvable mitigation plan as explained above for the impacts within the
riparian buffer. Please note the mitigation options are attached.
Pursuant to Title 15A NCAC 02H .0506 (b)(1),(b)(2),(b)(3),(b)(6), and (6)(f), 15A NCAC 02B .0221 (3), 15A
NCAC 02B .0224 (1), 15A NCAC 02B .0259(8)(b)(iv), 15A NCAC 02B .0259(7)(c), and 15A NCAC 02B .0295
(f)]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.
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 Section 401 of the Clean Water Act or Tar -
Pamlico Riparian 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 Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have
any questions or concerns.

Ms. Barbara Jemison
Request for Additional
Information
Page 3 of 3
kard, Assistant Regional Supervisor
lity Regional Operation Section
Water Resources, NCDEQ
Enclosures: Tar -Pamlico Riparian Buffer Rules
Mitigation Program Requirements for Protection and Maintenance of Riparian Buffer
cc: Raleigh Bland, USACE Washington Regulatory Field Office
Courtney Spears, DCM Morehead City
Steve Trowell, DCM WaRO
Richard Peed, DEMLR WaRO (via email)
DWR WaRO 401 files
Laserfiche
Michael L. Johnson, Lighthouse Contracting,
PO Box 367, Ocracoke, NC 27960