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Home My WebLink About20160846 Ver 1_Staff Comments_20160906 (4)Environmental Quality September 06, 2016 CERTIFIED MAIL: 7015 0640 0005 9080 7686 RETURN RECEIPT REQUESTED PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary JAY ZIMNIERMAN DWR Director D W R # 16-0846 Hyde County Mr. Jeff Akin 11308 Brass Kettle Road Raleigh, NC 27614 Subject: REQUEST FOR ADDITIONAL INFORMATION 4638 Loop Road, Scranton, NC/Hyde County Dear Mr. Akin: On August 19, 2016, the Division of Water Resources (Division) received your application dated July 01, 2016, requesting a 401 Water Quality Certification 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. Plan Details and Mitieation 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. roads, parking, and/or turnaround area within the buffer). 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)]. 2. Impact Justification (Avoidance and Minimization) Please provide more details regarding avoidance and minimization of impacts associated with the boat ramp and basin portion of this project. 115ANCAC 02H .0506(f) and (g)]. • This should include alternative designs and layouts of the proposed boat ramp and basin facility. • This Office believes that the boat ramp and boat basin on the plans can be moved or reconfigured to minimize the impacts to the excavated riparian buffer. 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. '"�"NothinQ Compares' -, State of North Carolina I Environmental Quality .I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 Mr. Jeff Akin DWR# 16-0846 Approval (HOLD) Page 2 of 3 3. Mitigation for Riparian Buffer Impacts • The excavation of an upland basin is considered an "Allowable" activity under 15A NCAC 02B .0259(6) Table of Uses only if the 50 -foot buffer is re-established from the new waterline. The existing access road prevents the re-establishment of a new 50 - foot buffer. Therefore, the activity is considered an activity "Allowable with Mitigation" under the Tables of Uses. 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 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 within the buffer associated with the use. The required area of mitigation shall be determined by applying the multipliers to the square foot of impact in each zone as follows: For impacts to Zone 1 shall be multiplied by 3 and impacts to Zone 2 shall be multiplied by 1.5. [15A NCAC 02B .0295(e)]. Options for meeting the mitigations may be met through: [15A NCAC 02B .0295(h)] (a) Riparian buffer restoration or enhancement pursuant to Paragraph (n) of this Rule; (b) Payment of a compensatory mitigation fee to a compensatory buffer mitigation bank pursuant to Paragraph (i) of this Rule or payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to Paragraph (j) of this Rule. Payment shall conform to the requirements of G.S. 143-214.20; (c) Donation of real property or of an interest in real property pursuant to Paragraph (k) of this Rule; (d) Alternative buffer mitigation pursuant to Paragraph (o) of this Rule; or (e) Other buffer, mitigation as approved by the Environmental Management Commission as a condition of a variance approval. Please submit an approvable mitigation plan as explained above for the impacts within the riparian buffer. Pursuant to Title 15A NCAC 02B .0259(6), 15A NCAC 02B .0259 (8)(b)(iv), 15A NCAC 02B .0295(h), 15A NCAC 02H .0502(e), 15A NCAC 02H .0506 (6 (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. The return of this project will necessitate reapplication to the Division for approval; including a complete application package and the appropriate fee. Mr. Jeff Akin DWR# 16-0846 Approval (HOLD) 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, 1650 Mail Service Center, Raleigh, NC 27699-1650. 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 or protected riparian buffers may be a violation of North Carolina General Statutes and Administrative Code. Please contact Anthony Scarbraugh at 252-948-3924 (anthony.scarbrauah@ncdenr.¢ov) or Don Burke at 252-948-3966 (don.burke@ncdenr.gov) if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDENR Cc: Kyle Barnes, USACE Washington Regulatory Field Office DWR WaRO 401 files Laserfiche Laura Stasavich (Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403) Courtney Spears, Asst Major Permits Coordinator (Division of Coastal Management, 400 Commerce Ave, Morehead City, NC 28557) Samir Dumpor, DEMLR WaRO (via email) St" Main Ex. D a Existing Dirt Road End Road Maintenance ® Ex. Dirt Road CREPBoundary (approx overlay) NW .+ti:rna., cz M rt' "404" Wetland Limit "404" Wetland Limit Proposed Road Access to Ramp Proposed C Proposed Boat Ramp 15'x 40 —/ J 12% to 15% slope may be extended waterward Proposed Bulkhead 61 Ift, Mapped Edg( to 60' long if grade requires 10' Wing Wall Cm of Bank/Wate V� Marsh Limit D CNI 4Y Landward Limit JCC�U Coastal Marsh (flagged by NCDCM 3/29/16) Mapped Ed ARO of Bank Property and CREP boundary provided by Billy Leggett (surveyor). Publicly available data, including aerial and GIS data, overlaid by LMG for CAMA permitting only. Depths are approximate and were field measured by LMG. Resource boundaries have been GPS -located by LMG and approved by NCDCM/USACE. Boundaries are approximate. This is nota survey. . r EUNIDMUFFER APPROVED CAMM AL VISKX VAMRMO (ON RCES pNISiONOF "404" Wetland Limit Road Maintenance Approx 398-Ift to remain within ex. footprint "404" Wetland Limit CREP Boundary (approx overlay) 4k / C/L Loop Road (SR 1145) i Fixed Dock 4' x 32' CREP Boundary (approx overlay) Legend CREP Easement Limit - — — — — Property and CREP boundary provided by Billy Leggett (surveyor). Publicly available data, Including aerial and GIS data, overlaid by LMG "404 Wetland" Limit ------- Depths are approximate and were field measured by LMG. Resource boundaries have been GPS -located by LMG and approved b Landward Limit Coastal Marsh —• --• — • — Boundaries are approximate. This is not a survey. Proposed Bulkhead Limits of Disturbance — — — — —