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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