HomeMy WebLinkAbout20081003 Ver 1_Approval Letter_20080806 �OF W ATFRQ Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
p Coleen H.Sullins,Director
Division of Water Quality
Chuck Wakild,P.E.,Deputy Director
Division of Water Quality
August 6, 2008
DWQ Project# 08-1003
Hyde County
Earl Younce,Jr.
PO Box 7
Avon,NC 27915
Subject Property: Lot F,Jane Blount Bryant Heirs Subdivision
Old Slough, Tar-Pamlico Basin, 030308, 29-91, SA, HQW
AUTHORIZATION of Tar-Pamlico River Buffer Rule (15A NCAC 02B .0259) Authorization
Certificate
Dear Mr. Younce:
You have our authorization, in accordance with 15A NCAC 02B .0259 and any conditions listed below,
to impact approximately 2348 ft'- of Zone I and 490 ft'-of Zone 2 of the protected riparian buffers for the
purpose of constructing a bridge at the subject property as described within your application dated June
16, 2008. 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 Authorization(or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Amount Approved(Units) Plan Location or Reference
Buffers 1332 (square ft.)Zone I Plat provided with application
Bridge Impacts (No
Mitigation)
1016(square ft.)Zone I
Mitigation with multipliers
2. Diffuse Flow
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481 One
Washington,NC 27889 FAX 252-946-9215 NofthCar°lina
//
An Finial nnnnrtunitvlAffirmative Artinn Fmnlnvar—.F;lo/Parvrlort/Inn/`Pnat r.nncnmar Panor
Younce:
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 .0259(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, 1.650 Mail Service Center,
Raleigh,NC,27699-1650.
4. No Impacts Beyond those in Application
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 water quality standards,
statutes, or rules occur.
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing(or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B
.0259.
6. Buffer Mitigation(EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 1016 square feet as required
under this Authorization Certificate and 15A NCAC 2B .0260(bz ffer mitigation rule). We understand
that you wish to make a payment into the Riparian Buffer Restoration Fund administered by the NC
Ecosystem Enhancement Program(EEP) to meet this mitigation requirement. This has been determined
by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A
NCAC 2B .0260(7)(bz ffer mitigation rule),this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2B .0259(l0)(buffer protection rule). 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(919) 733-5205 if you
have any questions concerning payment into the Riparian Buffer Restoration Fund. You have one
month from the date of this approval to make this payment. For accounting purposes,this
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 3040 ft2 of required riparian buffer mitigation for impacts to 1016 ft2 of protected
riparian buffers; 03-03-08 river and subbasin."
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
.0259. This letter does not authorize any impacts to either Waters of the United States or Waters of the
Younce:
State. Please contact the US Army Corps of Engineers(USACE)or NC Division of Water Quality
(DWQ) if any impacts are proposed to either of these waters. If you have any questions,please telephone
Kyle Barnes of the Washington Regional Office at 252-948-3917 or Amy Chapman of the 401
Oversight/Express Unit at 919-715-6823.
Since ely,
V
for Coleen H. ins
Enclosures: Certificate of Completion
Buffer Rules
cc: C rps of Engineers Washington Field Office
WQ 401 Oversight/Express Unit
CAMA, Morehead Office
CAMA, WaRO
DLR, WaRO
File copy
Central Files
Kendall Turnage, Environmental Professionals, Inc.
PO Box 3368, Kill Devil Hills, NC 27948
Filename: 08-1003