20150525 Ver 1_Staff Comments_20070330

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 30, 2007
MEMO
TO: Hannah Stallings
FROM: John Dorney
RE: Review of Draft Supplemental EIS for Outlying Landing Field
Report dated February 2007
I have reviewed the Draft Supplemental EIS for Outlying Landing Field dated February 2007
from the viewpoint of the 401 Water Quality Certification (15A NCAC 2H .0500), Neuse River
Riparian Protection (15A NCAC 2B .0233) and Tar-Pamlico River Riparian Protection (15A NCAC
213 .0259) rules. The following comments relate to those permitting programs. Responses to all
these comments must be submitted with the application for 401 Certification in order for DWQ to
determine that the application is complete.
1. Alternatives - The 401 Certification and Riparian Buffer rules contain requirements for
review of practical alternatives. The draft Supplemental EIS has two major flaws with
respect to alternatives analysis as outlined below. If these shortcomings are not
adequately addressed to DWQ's satisfaction, then the required 401 Water Quality
Certification for this project could be denied by DWQ which would result in denial of the
404 Permit to fill waters of the US and thereby construct the OLF. The following
alternatives must be thoroughly examined as required by these stated rules.
a. Open Grounds Farms in Carteret County - A thorough analysis of the extent of
wetlands and the practicality of this site must be conducted in order to allow a
realistic comparison to other alternatives.
b. Two smaller OLF's - An alternative of building a smaller OLF nearer Virginia
(maybe at site A) as well as expansion/revamping of the existing OLF at Oak
Grove or construction of another OLF nearby must be conducted to determine if
this alternative will have less overall environmental impact than the preferred
alternative of one OLF facility in Washington County.
2. Cumulative Impact - An analysis of cumulative impact must be done for the 401
Certification in accordance with the most current policy posted on DWQ's website at
http://h2o.enr.state.nc.us/ncwetlands/documents/InterimInternalPolicyCumulativeImpact.d
oc.
3. Permits - Section 8-1 of the report does not list the Neuse or Tar-Pamlico buffer rules as
permitting requirements as required under Section 401 (d) of the Clean Water Act. The
table should be modified accordingly.
4. Stormwater management - Stormwater management will be required as a condition of any
401 Certification for this facility. The applicant must provide this plan in conjunction with
the application in order for the application to be complete.
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.ne.us/ncwetlands
N e hCarolina
loaturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
If there are any questions, I can be reached at 919-733-9646.
Cc: Tom Reeder
Cyndi Karoly
Kyle Barnes, DWQ WAShington Regional Office
Noelle Lutheran, DWQ Wilmington Regional Office
Dave Lekson, Washington Field Office US Army Corps of Engineers