20160885 Ver 1_Staff Comments_20160927

Coastal Management
ENVIRONMENTAL QUALITY
September 6, 2016
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
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PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
Robert Tankard, Environmental Engineer
DWR - Water Quality, Aquifer Protection Section, WaRO
Doug Huggett, Major Permits Coordinator
Division of Coastal Management
CAMA/DREDGE & FILL Permit Application Review
Doug Twiddy
3805 Elijah Baum Drive (SR 1215) in Kitty Hawk
Piers, renovate boathouse, extend bulkhead, dredging
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Please
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Please indicate below your agency's position or viewpoint on the proposed project and return this
form by 09/27/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce
Avenue, Morehead City, NC 28557 (fax: [phone]). If you have any questions regarding
the proposed project, please contact Cynthia Rountree at [phone]. When appropriate, in-
depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED 'E) �, � --JDATE `1 /Z'7 12- v i 6
—^-"Nothing Compares, .
North Cmuhna I Environmental Duality I Coastal M
[fax]

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Environmental
Quality
DW R #16-0885
Dare County
PAT MCCRORY
.Governor
DONALD R. VAN DER VAART
Secretary
JAY ZIMMERMAN
DWR Director
September 27, 2016
Mr. Doug Twiddy
1622 Sound Landing Road-
Raleigh, NC 27949
Subject: REQUEST FOR ADDITIONAL INFORMATION
3805 Elijah Baum Drive (SR 1215), Kitty Hawk, NC/Dare County
Dear Mr. Twiddy:
On September 13, 2016, the Division of Water Resources (Division) received your application dated July
21, 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. Impact Justification (Avoidance and Minimization)
Please provide more details regarding avoidance and minimization of impacts associated with the
proposed pier, bulkhead and basin dredging portion of this project. [15A NCAC 02H .0506(f) and
(g)j:
(f) A lack of practical alternatives may be shown by demonstrating that, considering the potential
fora reduction in size, configuration or density of the proposed activity and all alternative designs
the basic project purpose cannot be practically accomplished in a manner which would avoid or
result in less adverse impact to surface waters or wetlands.
(g) Minimization of impacts may be demonstrated by showing that the surface waters or wetlands
are able to continue to support the existing uses after project completion, or that the impacts are
required due to,: (1) The spatial and dimensional requirements of the project; or (2) The location
of any existing structural or natural features that may dictate the placement or configuration of
the proposed project; or (3) The purpose of the project and how the purpose relates to placement,
configuration or density:
• This should include alternative designs and layouts of the project area (proposed pier,
bulkhead and basin dredging).
• This Office believes that the proposal for the pier, bulkhead and basin dredging on the
plans can be altered or reconfigured to minimize the impacts to the riparian buffer and
surrounding wetlands. Please revise the plans to avoid the impacts or provide a detailed
-'> Nothing C;ompares_�-_,._
State of North Carolinas Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office.
943 Washington Square Mall, Washington, North Caralina 27889

Mr. Doug Twiddy
DWR #2016-0885
401 Approval (HOLD)
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P.
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explanation of why this plan for the activity cannot be practically accomplished, reduced
or reconfigured to avoid impacts to the riparian buffer and surrounding wetlands.
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.
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 ([e-mail]) or Don Burke at
252-948-3966 ([e-mail]) 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
Troy Murphy (Quible & Associates, P.C., PO Box 870, Kitty Hawk, NC 27949)
Courtney Spears, Asst Major Permits Coordinator
(Division of Coastal Management, 400 Commerce Ave, Morehead City, NC 28557)
Samir Dumpor, DEMUR WaRO (via email)
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