20040385 Ver 1_More Info Letter_20050513

OF WArF?OG Michael F. Easley, Governor
William G. Ross, Jr., Secretary
co 7 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 13, 2005
CERTIFIED MAIL: 7003 1010 0000 0032 4441 ?J
RETURN RECEIPT REQUESTED
Town of Swansboro MAY 1 8 2005
c/o Mr. Larry Faison, Town Manager
502 Church Street DENR • WATER QUALITY
Swansboro, NC 28584 },cT>,ANOSAMSTOftMWATERBRANCH
SUBJECT: PROJECT ON HOLD FOR ADDITIONAL INFORMATION
Town of Swansboro - Wastewater Treatment Plant Improvements
DWQ Project # 040385
Onslow County
To Whom It May Concern:
On March 21, 2005, the Division of Water Quality (DWQ) received requested additional information
for the proposed impacts to jurisdictional wetlands and isolated wetlands associated with the proposed
wastewater treatment plant improvements for the Town of Swansboro. After reviewing the permit
application and the additional information received, the DWQ has determined that your application is
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands on the subject property.
Therefore, unless we receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 211.0506 and 213 .0223(8) and will place this
project on hold as incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.
1. It appears that the total wetland impacts proposed at the project site are now 2.73 acres including
1.01 acres of jurisdictional wetlands and 1.72 acres of isolated wetlands. The isolated wetland
impacts are not included in the Individual Permit application. Please verify the total amount of
wetland impacts proposed.
2. The additional information letter received by DWQ on March 21, 2005, included an acceptance
letter from EEP for a maximum of 2.02 acres of riparian wetland mitigation. This is not cover the
amount of mitigation required for the project as proposed. Impacts to 1.00 acre or greater of
isolated wetlands requires mitigation at a minimum of 2:1. Impacts to jurisdictional wetlands that
equal or exceed 1.00 acre, require mitigation at a minimum of a 1:1 ratio in the form of
restoration or creation. If the proposed impacts to riparian wetlands are between 150 and 1000
feet from a stream, mitigation at a 2:1 ratio will be required. This appears to be the case. Please
provide a mitigation plan including a new acceptance letter from EEP if that is the form of
mitigation you propose to use. In addition, please propose to place the remaining wetlands on the
site in preservation and include a copy of the necessary legal language (for example deed
restrictions or a conservation easement). Please note that preservation can be used for a part of
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877.623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
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Town of Swansboro 2
DWQ Project No. 040385
May 13, 2005
the proposed mitigation at a 5:1 ratio (not including the minimum 1:1 restoration/creation
requirement).
The response to Comment No. 2 of the additional information letter received by DWQ on March
21, 2005, states that there are only "4" isolated wetland pockets on the project site but there
appears to be "5". In addition, you state that the one pocket south of the proposed irrigated.
There is also another isolated wetland in "zone 10" that you did not mention. Monitoring of these
two areas has been previously required. Please submit a monitoring plan that includes monitoring
for vegetation and aquatic macrobenthos for the two remaining isolated wetlands both before
disturbance and post disturbance (prior to irrigating and after). If you have any questions
concerning the monitoring plan, please call John Domey at [phone].
4. Please provide this office with a copy of all correspondence provided to the US Army Corps of
Engineers including any additional information provided and plan revisions.
Please respond within three weeks of the date of this letter by sending a copy of the information to
Noelle Lutheran and to Cyndi Karoly, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree
Blvd., Raleigh, NC 27604-226, her phone number is [phone]. If we do not hear from you within
three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn. If you have any questions, please feel free to call me at [phone].
Sincerel?y+,/
Noelle Lutheran
Environmental Specialist III
cc: W. Landon Younce, P.E., Green Engineering
John Dorney, Watershed Planning and Program Development
Cyndi Karoly, 401 Oversight Unit
Brad Shaver, US Army Corps of Engineers Wilmington
Noelle Lutheran, DWQ WiRO