HomeMy WebLinkAbout20200400 Ver 1_Buffer Approval Letter_20200521ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Walter and Jennifer Litchfield
2603 Old Pamlico Beach Road West
Belhaven, North Carolina 27810
NORTH CAROLINA
Environmental Quality
May 21, 2020
DWR # 2020-0400
Beaufort County
Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN
BUFFER PROTECTION RULES (15A NCAC 02B .0259) WITH ADDITIONAL
CONDITIONS
2603 Old Pamlico Beach West - deck addition for Litchfield residence
Dear Mr. and Mrs. Litchfield:
You have our approval for the impacts listed below for the purpose described in your
application dated March 23, 2020 and received by the Division of Water Resources (Division)
on March 23, 2020. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This Authorization Certificate shall expire five (5) years from the date of this letter.
This approval requires you to comply with the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Buffer Rules are met. No other impacts are approved, including
incidental impacts [15A NCAC 02B. 0259(8)].
Type of Impact
Amount Approved
Amount Approved
Plan location/
(units)
(units)
Reference
Permanent
Temporary
Attached
Buffers - Zone 2
B1 (deck)
48 ft2 (square feet)
Plan Sheet 1 of
1
D EQ�� North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
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Dopanmem f Environmental Quality /� 252.946.6481
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non -
erosive velocities through the protected stream buffers and will not re -concentrate
before discharging into the stream as identified within 15A NCAC 02B .0259(5) or
provide treatment via an approved stormwater BMP meeting the nutrient removal
requirements established within 15A NCAC 02B .0259(a)(1)(2). For this project, diffuse
flow can be accomplished through guttering of all roof drainages and directing their
discharge to a point outside the entirety of the riparian buffer.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Buffer Authorization Application. All
forestry operations activities shall be performed so that no violations of state water
quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502].
4. The Permittee shall replant the vegetation within temporarily disturbed areas
associated with this project in an "in kind" manner immediately following construction.
(Example: Disturbed areas with pre-existing grassed lawns must be replanted with
grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted
with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation
must be replanted with forest vegetation including at least two different native
hardwood tree species at a density sufficient to provide 260 trees per acre at maturity.
This density can usually be achieved by planting approximately 360 (11 x 11 spacing)
to 538 (9 x 9 spacing) trees per acre.) Restoration of trees/shrubs/forest must be
completed by the first subsequent planting season (November 1 through March 30).
Note, if the tree plantings do not survive, they will need to be replaced such that the
density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c),
15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0259 (6)]
S. This approval is for the purpose and design described in your application. The plans
and specifications for this project are incorporated by reference as part of the
Authorization. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property
is sold, the new owner must be given a copy of this approval letter and Authorization
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. {G.S. 143-215.51
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for
information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:OOam and 5:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy
of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under the Tar -Pamlico Riparian Buffer Rules
as described in 15A NCAC 02B .0259. Please contact Chris Pullinger at 252-948-3918 or
chris.pullingerCa ncdenr.gov if you have any questions or concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Shane Staples, WaRO DCM (via e-mail)
Emily Thompson, USACE, Washington Regulatory Field Office (via e-mail)
Walter and Jennifer Litchfield (via e-maili: iennandwalt8@gmail.com))
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NORTH CAROLINA
ROY COOPER Environmental Quality
Governor
MICHAEL S. RECAN
secretary
LINDA CULPEPPER
Interim Director
DWQ Project No.: _
Applicant:
Project Name:
Date of Issuance of Wetland
County:
Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to DWR by the applicant, the
applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent
of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent
of the 401 Water Quality Certification and /or Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the
construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Registration No. Date
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481