HomeMy WebLinkAbout20191470 Ver 1_Buffer Approval Letter_20191118ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Harvin Farms, LLC
Attn: Glenn Harvin
3521 Oglethorpe Drive
Winterville, NC 28590
NORTH CARCLINA
Environmental Quality
November 18, 2019
DWR # 19-1470
MARTIN County
Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN BUFFER PROTECTION
RULES (15A NCAC 02B .0259) WITH ADDITIONAL CONDITIONS
Harvin Farm Water Access Trail
Dear Mr. Harvin:
You have our approval for the impacts listed below for the purpose described in your application dated
October 25, 2019, received by the Division of Water Resources (Division) on October 25, 2019. 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. 0259(8)].
Type of Impact
Amount
Approved (units)
Permanent
Amount Approved
(units)
Temporary
Plan location/ Reference
Attached
Buffers —Zone 1
B1 (Walkway)
180 (square feet)
0 (square feet)
Site Map
Buffers — Zone 2
B1 (Walkway)
120(square feet)
0 (square feet)
Site Map
2. Diffuse Flow
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) or provide treatment via an approved stormwater BMP
meeting the nutrient removal requirements established within 15A NCAC 02B .0232(a).
North Carolina Department of Environmental Quality Division of Water Resources
DE Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 27889
N(H I C- :c:I Ina t
o^a^�.mw orwm w a� r 252.946.6481
HARVIN FARMS, LLC
DWR # 19-1470
BUFFER APPROVAL
Page 2 of 3
The Permittee shall replant the vegetation within temporarily disturbed areas associated with this
project in an "in kind" manner immediately following construction. (Example: Disturbed areas with
pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or
woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-
existing forest vegetation must be replanted with forest vegetation including at least two different
native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This
density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing)
trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent
planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will
need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A
NCAC 02H .0506 (b)(3) and 15A NCAC 02B .0259 (6)]
4. 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 8:00am 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 DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
HARVIN FARMS, LLC
DWR # 19-1470
BUFFER APPROVAL
Page 3 of 3
This letter completes the review of the Division under the Tar -Pamlico Riparian Buffer Rules as described
in 15A NCAC 02B .0259. Please contact Anthony Scarbraugh at 252-948-3924 or
anthony.scarbraugh@ncdenr.gov if you have any questions or concerns.
Sincerely,
ROW Tom"
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Laserfiche
Plan to build walkway out of treated wood supported by posts every
8 feet. The walkway would be around 3-4 feet off the ground and no
wider than 6 feet and would extend to the edge of the creek to allow
access for canoeing and fishing. The area in brown marks the location
of the walkway
APPROVED
Worth Carolina Environmental
Management Commissian
Division of Water Resources
Data 11 / 18 19
PWTr t# 19-1470