HomeMy WebLinkAbout20120199 Ver 1_Approval Letter_20120330NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor
Mark Lemke and Rebecca Duncan
521 Haywood Creek Dr.
New Bern NC 28562
Director
March A, 2012
Secretary
DWQ Project # 12 -0199
Craven County
Subject Property: 521 Haywood Creek Drive
Hayward Creek [NEU 11 27 -101 -3 5; C, Sw, NSWJ
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization
Certificate
Dear Mr. Lemke and Ms. Duncan:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed
below, to impact approximately 45 square feet the protected riparian buffers for the purpose of
constructing the retaining wall, re- grading in Zone 2 and installing plantings per the submitted
planting plan within the buffer at the subject property as described within your application dated
February 22 d, 2012. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not limited to)
Erosion and Sediment Control, Non - discharge and CAMA regulations.
This authorization is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If
the property is sold, the new owner must be given a copy of this authorization letter and is
thereby responsible for complying with all conditions. This authorization requires you to follow
the conditions listed below.
The Additional Conditions of the Authorization are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
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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 2B .0233(5).
3. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications,. the applicant is required to return the attached certificate of completion to the
401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This
Authorization Certificate shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A
NCAC 2B .0233. This letter does not authorize any impacts to either Waters of the United States
or Waters of the State. Please contact the US Army Carps of Engineers (UACE) or NC
Division of Water Quality (IOW) if any impacts are proposed to either of these waters. If you
have any questions, please telephone Amy Adams of the Washington Regional Office at 252-
948-3917 or Amy Chapman of the 401 Oversight/Express Unit at 919-807-6400.
Enclosures: Certificate of Completion
Buffer Rules
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
DCM, Morehead Office
DLR,WaRO
File copy
S incerely,
Charles Laa i �V.7E.
Filename: 12-0199— Lemke —Buffer/aa
Amount Approved (Units)
Plan Location or Reference
Stream
(feet)
404 /LAMA Wetlands
Waters
(acres)
(acres)
Buffers
45 (square ft.)
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 2B .0233(5).
3. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications,. the applicant is required to return the attached certificate of completion to the
401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This
Authorization Certificate shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A
NCAC 2B .0233. This letter does not authorize any impacts to either Waters of the United States
or Waters of the State. Please contact the US Army Carps of Engineers (UACE) or NC
Division of Water Quality (IOW) if any impacts are proposed to either of these waters. If you
have any questions, please telephone Amy Adams of the Washington Regional Office at 252-
948-3917 or Amy Chapman of the 401 Oversight/Express Unit at 919-807-6400.
Enclosures: Certificate of Completion
Buffer Rules
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
DCM, Morehead Office
DLR,WaRO
File copy
S incerely,
Charles Laa i �V.7E.
Filename: 12-0199— Lemke —Buffer/aa