HomeMy WebLinkAbout20151164 Ver 1_Approval Letter_20160315WaterResnuocm/
ENVIRONMENTAL QUALITY
Daniel E. Whitford
74@Down Shore Drive
Bount5Creek, �N[275l5
P/kTMCCR0RY
Governor
DONALD 0.VAN DER VAAQT
���
S. JAY ZI&&MBRMAN
March 25,2O16 oir,""
DVVR#l5-II64
Beaufort County
Subject: Authorization ofTar-Pamlico River Riparian Buffer Protection Rules Major VahaUce
[15AN[ACO2B.D259/8Vc8with Additional Conditions
748 Down Shore Drive
Dear Mr. Whitford:
You have our approval for the impacts listed below for the purpose described in your application
dated October 29, 2015 received by the Division of Water Re3OUr[2S (Division) On November 5,
2OI5and subsequent information provided onDecember 8,2Ol5. This letter shall serve asyour
Major Variance approval with conditions as authorized in 15A NCAC 02B .0259 (9)(c)(ii). ThiS
letter only addresses the major vari6DCefrornihe buffer rules and does not approve any activity
within Waters Ofthe United States OrWaters ofthe State. Please note that you should get any
other federal, state Orlocal permits before proceeding with your project, includingLh0S2
required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval requires you tnfollow the conditions listed below:
1. The following impacts are hereby approved. NOother impacts are approved, including
incidental impacts.
Type of Impact
Amount Approved
Amount Approved (units)
(units)
Temporary
Permanent
Buffers — Zone 1
163.46 (square feet)
0 (square feet)
Buffers — Zone 2
193.07 (square feet)
0 (square feet)
3. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0259
shall occur within the protected riparian buffer unless approved by the Division.
State onvorthCarolina IEnvironmental Quality Iw*er Resources
1617 Mail service Center I Raleigh, North Carolina zrm+/an
9198076300
Daniel E. Whitford
DVVR#15-1164
Major Variance Approval
Page 2of5
3. Mitigation Plan
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Division of Mitigation Services (DMS)
to meet this mitigation requirement. Until DIMS receives and clears your payment, and
proof Of payment has been provided to this Office, no impacts specified in this
Authorization Certificate Sh8|| occur. For accounting purposes, this Authorization
Certificate authorizes payment to the DIMS to meet the following compensatory mitigation
Application of a locational ratio is not required per the decision of the Water Quality
Committee of the Environmental Management Commission on January 13, 2016.
4. Stormwater Management Plan
The Division approves the diffuse flow plan consisting o[a level spreader and vegetated
filter strip and all associated stOrrnvvaterconveyances, inlet and outlet structures, and
the grading and drainage patterns depicted onplan sheets dated October 28,JOI5,
which are incorporated h«reference and are enforceable h»the Division. The following
conditions also apply [15A NCAC 02B .0259 (5)]:
The maximum allowable drainage area for the approved level spreader and vegetated
filter strip shall be 14,375 square feet and the maximum allowable built -upon area within
that drainage area shall b2357square feet. Any changes tOthese maximum areas shall
require the applicant t0submit and receive approval fora revised s1nrrnvv8ter
management plan bythe Division.
The footprint of the diffuse flow device as well as an additional 10 -foot wide area On all
sides ofthe device shall be located in either public rights-of-way, dedicated common
areas Orrecorded easement areas. The final plats for the project shovviDQ8USuchrights-
Of+w8y,COrnrnOnareaSJnd2aSennentereasshall beiDaccordance with the approved
plans.
The approved diffuse flow plan shall be constructed and operational before any
permanent building Vrother structure iJoccupied 8tthe site.
Compensatory Mitigation
River and Sub -basin
Required
Number
Buffers
780 (square feet)
030201031, 03020104 or
030201051
Application of a locational ratio is not required per the decision of the Water Quality
Committee of the Environmental Management Commission on January 13, 2016.
4. Stormwater Management Plan
The Division approves the diffuse flow plan consisting o[a level spreader and vegetated
filter strip and all associated stOrrnvvaterconveyances, inlet and outlet structures, and
the grading and drainage patterns depicted onplan sheets dated October 28,JOI5,
which are incorporated h«reference and are enforceable h»the Division. The following
conditions also apply [15A NCAC 02B .0259 (5)]:
The maximum allowable drainage area for the approved level spreader and vegetated
filter strip shall be 14,375 square feet and the maximum allowable built -upon area within
that drainage area shall b2357square feet. Any changes tOthese maximum areas shall
require the applicant t0submit and receive approval fora revised s1nrrnvv8ter
management plan bythe Division.
The footprint of the diffuse flow device as well as an additional 10 -foot wide area On all
sides ofthe device shall be located in either public rights-of-way, dedicated common
areas Orrecorded easement areas. The final plats for the project shovviDQ8USuchrights-
Of+w8y,COrnrnOnareaSJnd2aSennentereasshall beiDaccordance with the approved
plans.
The approved diffuse flow plan shall be constructed and operational before any
permanent building Vrother structure iJoccupied 8tthe site.
Daniel E. Whitford
DVVR#15-1164
Major Variance Approval
Page 3 of 5
The diffuse flow plan may not be modified without prior written authorization from the
Division. Acopy ofthe approval letter and the modified SMP shall besubmitted tOthe
DWR 401 & Buffer Permitting Branch prior to the commencement of the modifications.
Maintenance activities for the level spreader and vegetated filter strip Shall be performed
inaccordance with the notarized O&M agreements signed b«Daniel E.Whitford On
October 29,2OI5. The O&M agreement shall transfer with the sale Ofthe land Or
transfer ofownership/responsibility for the BMP facility. The Division shall henotified
promptly ofevery transfer.
5. Erosion and Sediment Control Practices
Erosion and sediment control practices must beinfull compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices inorder tOprotect surface waters standards:
8. The erosion and sediment control measures for the project nnu5tbedesign2d,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Control Planning and Design Manua[
L The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North [8n]|inJ Sediment and Erosion
Control Manua[ The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil)projects, inC|Udingcontr8CtVrOvvn2dOr|ea5ed borrow
pits associated with the project.
C. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most recent
version Ofthe North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act.
6. 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 Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state vv3t2r quality standards, statutes, Or rules occur.
7. Protective Fencing
The outside buffer, wetland orwater boundary and along the construction corridor
within these boundaries approved under this authorization shall beclearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been
Daniel E. Whitford
DVVR#15-1154
Major Variance Approval
Page 4ofS
approved tOinfringe within the buffer, wetland Orwater prior tOany land disturbing
activities to ensure compliance with 15A NCAC2B .0259.
This approval isfor the purpose and design described inyour application. The plans and
specifications for this project 3reinCOrpOratedh«referenceandare8nen6UrCeablep8rt
Ofthis Approval. |fyou change your project, yournus1nOtif«1heDividOn8ndyounnaybe
required tosubmit 3new application package. |fthe property issold, the new owner
must be given a copy of this Approval and is responsible for complying with all conditions.
9. The applicant and/or authorized agent shall provide a completed Certificate Of
Completion Form 10the DVVR4OI8' Buffer Permitting Branch within ten days Ufproject
COOOpledOD (available at: h
fOrrnS-heW-dOCur0entS.
IO.This approval grants permission 10the director, anauthorized representative ofthe
Director, Or DENR staff, upon the presentation of proper credentials, to enter the
property during normal business hours. This approval and its conditions are final and
binding unless contested.
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) within sixty (60) calendar days.
Apetition form may be obtained from the OAH at 0rbvcalling the OAH
[|2rKs Office at /919\ 4]I-3DOOfor information. A petition is considered filed when the original
and one (l) copy along with any applicable OAH filing fee is received inthe 0AH during normal
office hours (Monday through Friday between 8:008rn and 5:00prn, excluding official State
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 OAHfiling fee isreceived bythe OAHwithin five /5\
business days following the faxed transmission.
Mailing address for the OAH:
If sending via USPostal Service
Office OfAdministrative Hearings
67l4Mail Service Center
Raleigh, NC27699-G7I4
Ifsending via delivery service (UPS,
FedEx, etc):
Office 0fAdministrative Hearings
27IINew Hope Church Road
Raleigh, NC 27609-6285
Daniel E. Whitford
DVVR#15-1164
Major Variance Approval
Page Sof5
One (1) copy of the petition must also be served to DEQ:
S8rn M. Hayes, General Counsel
Department OfEnvironmental Quality
I601Mail Service Center
Raleigh, N[27699-l6OI
This letter completes the review of the Division under the Tar -Pamlico Riparian Buffer Rules as
described in 15A N[AC 2B .0259. Please contact Jennifer Burclette at 929-807-0364 Or
Orifyou have any questions orconcerns.
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Cc: OVVRVVaRO401file
DWR 401 & Buffer Permitting Branch file
Filename: 151164VVhitfordPropertyBeaufort)_TAR_M]V.ducx