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Home My WebLink About20170143 Ver 1_Approval Letter_20170202Water Resources Environmental Quality February 2, 2017 Owen L. Peele 282 Peele Road Aurora, NC 27806 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director DWR # 2017-0143 Pamlico County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0259) WITH ADDITIONAL CONDITIONS Owen Peele Farm —Cowell Loop Road, Bayboro Dear Mr. Peele: You have our approval for the impacts listed below for the purpose described in your application dated January 4, 2017, received by the Division of Water Resources (Division) on January 4, 2017. 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. 0233(8)]. Type of Impact Amount Approved Amount Plan location/ (units) Approved Reference Permanent (units) Attached Temporary Buffers —Zone 1 B1 (Grass Travelway) 4,000 (square feet) 0 (square feet) Impact Map 2. 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]. 3. The Permittee shall replant with vegetation to stabilize the impacts area and ensure diffuse flow through the buffer. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0233(6)] ` -Nothing Compar'es''-..__-- State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 OWEN L. PEELE DWR# 2017-0143 401 APPROVAL Page 2 of 3 4. 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)) 5. 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 5:00pm, 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: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam H. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.gov if you have any questions or concerns. OWEN L. PEELE DWR# 2017-0143 401APPROVAL Page 3 of 3 Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Gary Beecher, USACE Washington Regulatory Field Office (via email) Laserfiche File Candy Bohmert, Pamlico County Soil & Water (via e-mail: Candy.Bohmert@nc.nacdent.net) P USDA UnitedStatoa r Department of Agriculture g �► North Carolina p' liCo Coon E�®rlJs Ver®6ina 77 a i 3�.-,_,.... S -_ t[I rM � 8 5 � i 10 VK � 6 7 kvi R37T-201 E_33 9-1 Farre 2991 Tract 2018 2015 Program Year i Page Cropland Total; 329.53 acres WIWIL Base Image Layer flown in 2094 Map Created January 16, 2015 PnjjROVED y . c o arrolina Environmental 21 M TAgnepment Commission , 3 . .QM&; ai &&Water Resoumes r« w 0 Restricted Use 24 ;7 ., adv Lbniteii stticitons 20—.L =e Compliance Provisions —r a , USDA FSA maps are lorFSA Program adlit6tislfallortoely. i itis mop 4obo: s nwpwwn: a legal surveyreflect acivai ownership; rather h daptas VMinfonneuon provided dvadiy tram Ina R accepts the data 'as W and assumes all rMs aasodeted with Its use. The USDA Faun ServlceAgency assumes no responsitrRlty for actual or wnselluentlai damage Incurred as a result of any user's reliance on tlrls data outside FSA Programa. Worland Identifiers do rat represent the size, shape, or specific daterminatlon of the area. RefeMa your original determination (CPA -026 and ariacbed maps) For exact boundaries and determinations or contact MRCS.