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HomeMy WebLinkAbout20160846 Ver 1_More Info Received_20161107 Strickland, Bev From:Laura Stasavich <lstasavich@lmgroup.net> Sent:Monday, November 07, 2016 12:48 PM To:Scarbraugh, Anthony Cc:Jeff Akin; Planet; Paul Farley Subject:Akin application, Hyde County Attachments:NCDWR_110416.pdf; Supplement B.pdf; Supplement C.pdf Anthony, Please find attached a response to the NCDWR comments on Jeff Akin's CAMA Major Permit application. Please let me know if you'd like to discuss this information further. I am not in the office today and could not digitally sign the letter, but will mail a signed hard copy when I return. Thank you, Laura 1 ALMG LAND MANAGEMENT GROUP INa Environmental Consultants November 4, 2016 Mr. Anthony Scarbraugh NC Division of Water Resources 943 Washington Square Mall Washington, NC 27889 RE: Application for CAMA Major Permit for Private Boat Ramp - DWR# 16-0846 4638 Loop Road, Scranton, Mr. Jeff Akin (applicant) Dear Anthony, Thank you for the NCDWR's comments regarding the above -referenced permit application. Responses on behalf of the applicant are enumerated to correspond with the additional information requested in your September 6, 2016 letter. 1. Plan Details and Mitigation for Tar -Pamlico River Riparian Buffer Rules Two sheets identified as "Supplement B and Supplement C" and dated 11/4/2016 are enclosed with this letter. These layouts overlay current and proposed buffer limits (Zone 1 and Zone 2) on the plan. Existing and proposed uses in the buffer are separated by use category and are identified with hatching. 2. Impact Justification (Avoidance and Minimization The boat ramp location requested in this application was not the applicant's preferred alternative, but reflects an effort to avoid and minimize several environmental impacts. The applicant's preferred ramp location was on the canal that abuts the property to the west. A ramp on the western canal would have been adjacent to the existing barn and future house, and would have made launch and retrieval more convenient. Guidance from NCDEQ and USACE staff during an early scoping meeting advised the applicant that placement of a boat ramp on the eastern canal would be preferable to avoid Primary Nursery Areas (PNA), Submerged Aquatic Vegetation (SAV) habitat, and potentially significant coastal marsh impacts. The eastern canal, where the boat ramp is currently proposed, is not designated as PNA and contains water depths suitable for small boat access. An existing boat basin, off property to the northeast, has also established boating use in the canal. The applicant further coordinated with the NCDCM to field -locate the best siting for the ramp on the eastern canal. While an area just north of the proposed location would have been preferred due to the lack of any fringing wetland, that location was not possible due to the existing CREP easement and limitations of use within that conservation area. The currently proposed basin location is the only location on the property which effectively avoids and minimizes environmental impacts. The proposed basin location is the only location which: (1) avoids potential PNA www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 impacts (2) avoids potential SAV habitat (3) minimizes coastal marsh impacts and (4) minimizes "404 wetland" impact by utilizing an existing road for access and backing and avoiding new "404 wetland" impacts. The proposed basin was sized to allow for a standard 12' wide boat ramp and a small dock for launch and retrieval. With the boat ramp sited on the eastern canal to avoid environmental impacts, and with access utilizing an existing road off the Loop Road to minimize "404 impacts", boats will have to be trailered from the barn, down the Loop Road and to the existing access road. Given this distance, a small area to dock a boat at the basin was needed for convenience of use. A small slip located parallel to the canal was included in the basin so that a boat could be more conveniently docked while in use and still allow for launch and retrieval by guests. The applicant intends to use the property for recreation, and may at times have guests who bring a second small boat for hunting and fishing. The parallel configuration of the slip was intended to reduce buffer impacts by minimizing the extent to which the basin is extended landward. While a boat could have been moored in the existing canal, placement of the boat in the upland basin is a preferred siting by the NCCAMA since it removes structure from the public trust waters. Removing the boat from the existing canal will also maintain clearance and safe navigation into and out of the existing basin at the head of the canal (which has an established navigable access). The basin location avoids a number of environmental impacts and minimizes wetland impacts. The configuration of the small boat slip avoids placement of structures in public trust waters and maintains navigation for adjacent, established uses. 3. Mitigation for Riparian Buffer Impacts Proposed uses in the buffer are largely allowable water -dependent uses which include: (1) the basin cut, (2) bulkhead stabilization around the basin, (3) temporary disturbance behind the bulkhead, (4) the boat ramp, and (5) a small section of new access road to the ramp. Square footage of these uses in the buffer is provided on "Supplement C" (enclosed). In the current condition, the existing access road is partially located within Zone 2 of the riparian buffer. Using a project area around the basin as a boundary, the amount of access road currently in the buffer is 662 sq.ft. Use of the road will not change, and therefore is considered an existing and on-going use. With expansion of the buffer around the basin, an additional 137 sq.ft. of existing road will be within Zone 1 and an additional 330 sq.ft. of existing road will be within Zone 2. Both of these areas are currently located within the CREP easement, which is itself a conservation of woody vegetation. However, the applicant offers buffer mitigation for the 137 sq.ft. in Zone 1 and the 330 sq.ft. in Zone 2. With multipliers of 3 and 1.5 respectively, total area of buffer mitigation offered is 906 sq.ft. to be purchased from the NC Ecosystem Enhancement Program. I hope this letter provides the additional information needed for the NCDWR to complete application processing. Please let me know if you would like to discuss the information further. Thank you again for your assistance. Sincerely, Laura Stasavich Land Management Group, Inc., agent Encl: Buffer Layouts, Supplemental Figures B & C dated 11/4/2016 cc: Mr. Jeff Akin, applicant Ms. Courtney Spears, NCDCM Ms. Heather Coats, NCDCM www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. 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