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HomeMy WebLinkAbout20191627 Ver 1_Buffer Approval Letter_20200107ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Edwin Franklin Evans, Jr. and Nettie T. Evans 2123 Pocosin Road NORTH CAROLINA DtWr "M'4rrW Quality January 7, 2020 DWR # 19-1627 v1 Pitt County Ayden, North Carolina 28513 Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS Tyson Farm Pond Streambank Stabilization Dear Mr. and Mrs. Evans: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on November 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, Division of Coastal Management, 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: 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 (units) Amount Approved Plan location/ Permanent (units) Reference Attached Temporary Buffers —Zone 1 B2 — deck 4,439 (square feet) 0 (square feet) Sheet 1 of 1 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 02B .0233(5) or provide treatment via an approved stormwater BMP meeting the nutrient removal requirements established within 15A NCAC 02B .0233(a)(1)(2). For this project, diffuse flow can be accomplished through guttering of all roof drainages and directing their discharge to a point outside the entirety of the riparian buffer. North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 3. 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 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 and .0502]. 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 can 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 .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0233 (6)] 5. 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)] 6. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 7. Upon completion of all work approved within the Buffer Authorization, or any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh NC 27699-1617. 8. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E 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. EQ.:> � r North Carolina Department of Environmental Quality (Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division under section the Neuse River Riparian Buffer Rules. Please contact Chris Pullinger at 252-948-3918 or chris.pullinger@ncdenr.sov if you have any questions or concerns. Sincerely, Row T,ti.y Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: Certification of Completion cc: Edward and Nettie Evans (via e-mail: nettieevans@vahoo.com) Igor Palyvoda, Baldwin Design Consultants, PA (via e-mail: ipalvvoda@baldwindesignassociates.com) Emily Thompson, U.S. Army Corps of Engineers — Washington Field Office (via e-mail) DWR WaRO 401 files Laserfiche North Carolina Department of Environmental Quality IDivision of Water Resources -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 / / SEEDING AND MULCHING SCHEDULE PER ACRE 25 2.5'x2.5' IMBRKATED / W DRIP BE STONE 1a , �B'B \ •n♦ THE KINDS OF SEED AND FERTILIZER, AND THE RATES OF APPLICATION BEAL'B IN PHASE 1).Lv INSTALLED :(SEE DUAL RI OF SEED, FERTILIZER, AND LIMESTONE, SHALL RE AS STATED BELOW. DURING PERIODS OF OVERLAPPING DATES. THE KIND OF SEED TO BE ]]n f I_;� •]sv ' f .0 NOTE: 81 TEMPORARY IMPACT 4,439 S.F. USED SHALL BE DETERMINED BY THE ENGINEER. 5 rB'-5 /EIOP 4 REYElI1EI1E B - H. •• T / WRLL ro iDIACH 7 BINc r• L1Ax AT LINE... .. ... . . ooD/Ac H♦ J] 4.Z Y/ lOP OF plLll , 1S D-ZO-O. .. .. /AC LEIS/C //pp i ASRB as_0 JSf[M OR E57 WASNEDSIDHE ` ..BUD .. .... 2 TONS/AC SEEDING) �J . 1 / B. CUSS B zA CROSION CONTROL WATFA LEVEL (LOCATED ON JNIUMY 30, 3015) ASPHALT TACK .. .. . . GAL/TfER ® 5re4 I; { i... .. _� WSE - 45A.- STONE I JANUARY 1-DECEMBERR 31 A2 fl2 IWWATO IRP-WY STONE BE INITIALLED IN PWSE 1) J et 50/ TALL FESCUE 10/ CENTIPEDE DETNL •C7 10} BERMUDA GRASS / ; w(A : : / / CROSS SECTION I 5001 FERTIUZER REE4 ]ipA B'9 p MFB/ !� /�9 / 4a1 .: ff _ ', I ,�wF 'aa5 i ig TOP OF REVETMEM ): I •ac.r I FILTER FABRIC ,y.1.5' B• MIN. I MI ( I 4000/ LIMESTONE SLOPES 2:1 AND WASTE AND BORROW LOCATIONS: S ER TEEPER ] 5ii �B/ W�,p wAu ro rolrcN ( :I 1p -- TOP OF DITCX BWK I �, ) R / / /.JANUARY IT. DND 15/ TALL FESCUE 0/ BERMUDA GRASS D y •AfA .. SOOF FERTILIZER ti yyBB° \ ! 4I(BB'o FILLER FABRIC 4000/ UMESTONE ':'I,W BR2S'v2.5' NBPIGIEo RIP RAP SIOHE, "::(N R INSTALLED N PHASE 3, IF TREES ':::::'� "'- I GET OVERIURNID) ::::.,':.' STONE SECTION TEMPORARY SEEDING 'COOL SEASON* PLANTED BETWEEN 15 AUGUST AND 15 APRIL BANK ffi I 1201 RYE GRAIN (NO RYE GRASS) - I M DETAIL 'WARM SEASON' PLANTED BETWEEN 15 APRIL AND 15 AUGUST ROCK DAM (N T.S.) BSA GERMAN BROWN TOP OR FOX TAIL MILLET • 5t.3 A 5/ B X � .. B iB TI _ _ � ' / � NPf• NN: SCNL 1' . tW _ SHEET 2 OF 2 I e I 115 2 Jp I roNOSH[Li BB I�iI3 I BB 1 I I IB 5 I NEW STABILIZATION TIMURAMES (EFFECTIVE AUGUST 3, 2011) SITE, AREA DESCRIPTION TIMEFRAME IXCEPTIONS Oq PERIMETER DIKES, SWALES, DITCNES,SLOPFS T DAYS 7 DAYS NONE NGNE C• 1E HIGH OIMLT• WATER (HOW) ZONES \� SLOPES STEEPER THAN 3:1 7 DAYS IF SLOPES ARE III LEM IN LENGTH AND ARE NOT SLEEPER THAN 2:1. 14 DAYS ARE ALLOWED. SLOPES &I OR PATTER 14 DAYS 7 DAYS FOR SLOPES GREATBI TLW 50' N LEND - ALL OTHER ARM WITH SLOFES MITER THAN 4:1 14 DAYS NONE EKCEPT FOR PERIMETERS AND NOW ZONES. B STREAMBANK STABILIZATION PLAN dE DETAILS TYSON FARM POND NII""" pA,H STTUS 0 OS A STREAMBANK STABILIZATION North CaroBna Em*omne/Tfsl r s ?'Z Management Commission $EAL AI a1 as OF THE REFERENCE DEED BOOK 3778, PAGE DEEDS PD7 COUNTY REGISTER OF DEEDS Division of Resources 3 I I _ , `o�G:MGIN;:°QOPc�' WINTERVILLE TOWNSHIP, Pf1T COUNTY, N.C. -WaW iFOt' Y Tar- aI1�S1O BufG9r ^, Jof°°x owNER: EDWARD FRANKLJN EVANS, JR. and wife NETTIE T. EVANS Date 20^ ACDRESS, 2123 POCOSIN ROAD B Revied we AYDEN, NC 28513 PHONE 252 714-3153 DWR #2019-1627 vl C Baldwin Design34%p¢/ DESIGNED IP APPROVED: IP Consultants, PA FNOMINC - SI. - RNfi1E kGREENVILLE DRAWN: NRW DATE: 11/21/19 17OD-D FAST ARUN'IDN BOMBARD NC V" 2S2.755.1380 CHECKED: IP SGIi: 1 10' NORTH CAROLINA ROY COOPER Environmental Quality Governor MICHAEL S. RECAN secretary LINDA CULPEPPER Interim Director DWQ Project No.: _ Applicant: Project Name: Date of Issuance of Wetland County: Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and /or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481