20060829 Ver 2_Approval Letter_20070316

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March 16, 2007
Mr. Joseph E. Thomas
1315 So. Glenburnie Road
New Bern, NC 28561
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ # 06-0829v2
Craven County
Subject Property: Bridge Pointe Development, 100 Block of Howell Road, New Bern, NC
Trent River [030410, 27-101-(39), SB, SW, NSW]
AUTHORIZATION of Neuse River Riparian Buffer Protection Rules MAJOR VARIANCE [15A
NCAC 2B .0233(9)(c)] with ADDITIONAL CONDITIONS
Dear Mr. Thomas,
You have our tentative authorization, in accordance with the conditions listed below, to impact
7,250 square feet (ft2) of Zone 1 of the protected buffers and 1,850 square feet (ftZ) of Zone 2 of the
protected buffers for the purpose of constructing a 6-foot wide sidewalk, retaining wall, replacement of an
existing retaining wall and grading and re-vegetating the buffers on the subject property as described
within your Major Variance request dated August 4, 2006, received by the Division of Water Quality
(DWQ) on August 9, 2006, and tentatively approved by the Water Quality Committee on March 7, 2007.
This letter shall act as your Major Variance authorization as described within 15A NCAC 2B .0233(9)(c).
In addition, you should get any other required federal, state or local permits before you proceed with your
project including (but not limited to) Sediment and Erosion Control.
This is a tentative authorization that shall become an issued authorization that will expire in
five years from the date of this letter if the City of New Bern receives an approval for their sidewalk
master plan from the Water Quality Committee or December 1, 2007 whichever occurs first. This
authorization is only valid for the purpose and design that you described in your Major Variance Request
dated August 4, 2006. If you change your project, you must notify us and you may be required to send us
a new request for authorization. If the property is sold, the new owner must be given a copy of this
authorization and is thereby responsible for complying with all conditions. For this authorization to be
valid, you must follow the conditions listed below.
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall
occur to Zone 1 of the protected riparian buffers.
2. Written Stormwater Management Plan (No Further Review Needed)
The final, written Stormwater management plans that were approved by DWQ under
SW7060520, must be implemented shall be constructed and operational before any
permanent building is occupied at the subject site. The structural stormwater practices as
well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of
Water Quality 401 Oversight/Express Review Permits Unit.
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]ntemet: htto://h2o.enr.state.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
No°e hCarolina
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March 16, 2007
Bridge Pointe, LLC Major Variance
Page 3 of 4
a suitable method to meet the mitigation requirement. Until the EEP receives and clears
your check (made payable to: DENR -Ecosystem Enhancement Program Office), no
impacts specified in this Authorization Certificate shall occur. The EEP should be
contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this authorization to make this
payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Buffer Restoration Fund to meet the following compensatory
mitigation requirement:
Compensatory
Miti ation Re uired Reference
Miti ation
Plan Sheet "Var 1.20"
Zone 1 Buffers 7,250 (square feet) dated September 21, 21,750 (square feet)
2005
Plan Sheet "Var 1.20"
Zone 2 Buffers 1,850 (square feet) dated September 21, 2,775 (square feet)
2005
If you do not accept any of the conditions of this authorization, you may ask for and adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This authorization and its
conditions are final and binding unless you ask for a hearing.
This letter-completes the review of the Division of Water Quality under the Neuse River Riparian
Buffer Protection Rules [15A NCAC 2B .0233(9)(c)]. Please call Amy Chapman at 919-715-6823 if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
1°'
~cr~ Alan W. Klimek, P.E., Director
~'~ ~ Division of Water Quality
Enclosure: NC EEP letter
cc: Mr. Robert M. Chiles; PO Box 3496; New Bern, NC 28564-3496 w/ Enclosure
Kyle Barnes; Washington Regional Office w/ Enclosure
NC EEP w/ Enclosure
DCM; PO Box 769; Morehead City, NC 28557
File Copy
Central Files
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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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Bridge Pointe, LLC, has permission as outlined below to impact 7,250
square feet (ft2) of protected Zone 1 Neuse River basin buffers and 1,850 square feet (ft2) of protected Zone 2 Neuse
River basin buffers for the purpose of constructing the 6-wide sidewalk, retaining wall, replacement of an existing
retaining wall and grading and re-vegetating the buffers at the Bridge Pointe Development, 100 Block of Howell
Road in New Bern, NC in Craven County. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: New Bern, NC
COUNTY Craven
BASIN/ SUB BASIN Neuse/030410, 27-101-(39)
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Im acts Miti ation
7,250 s uare feet of Zone 1 Buffers 21,750 s uare feet of buffers
1,850 square feet of Zone 2 Buffers 2,775 s uare feet of buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail
the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at
the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form.
PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION
THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Fi I ename: 060829v2BridgePo inteDevelopment(Craven)Maj V ar_EEP
401 OversightlExpress 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]Intemet: htta~//h2o enr.state.nc.us/ncwetlands
No ehCarolina
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