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HomeMy WebLinkAbout20191090 Ver 1_Buffer Approval Letter_20190930NORTH C:APOLINA Divird"nieretaf Quality ROY COOPER Governor MICHAEL S. REGAN Secretury LINDA CULPEPPER September 30, 2019 Director DWR # 19-1090 v1 Beaufort County Mr. John D. Lawrence, Jr. 1360 Worthington Road Wintervillee, North Carolina 28590-7836 Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN BUFFER PROTECTION RULES (15A NCAC 026 .0259) WITH ADDITIONAL CONDITIONS John and Barbara Lawrence Property - 169 Robert Cox Road, Bath, NC - single family residence Dear Mr. and Mrs. Lawrence: 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 August 13, 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. 0259(8)]. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Buffers —Zone 1 B2 — deck 75 (square feet) 0 (square feet) Sheet 1 of 1 Buffers — Zone 2 B1— house 320 (square feet) 0 (square feet) Sheet 1 of 1 B2 - deck 500 (square feet) 0 (square feet) Sheet 1 of 1 B3 - stairs 84 (square feet) 0 (square feet) Sheet 1 of 1 North Carolina Department of Environmental Quality IDivision of Water Resources -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 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 .0259(5) or provide treatment via an approved stormwater BMP meeting the nutrient removal requirements established within 15A NCAC 02B .0259(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. 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 .0259 (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 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. 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 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: 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 Tar -Pamlico River Riparian Buffer Rules. Please contact Chris Pullinger at 252-948-3918 or chris.pullinger@ncdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: Certification of Completion cc: John and Barbara Lawrence (via e-mail: jdlawrence1360@gmail.com) Kelly Spivey, DCM Washington (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 ' YY Y Y r 1737 Y Y Y Y 1 YY Y 1736 p`t Y Y Y 1 YY Yy.. Y YY Y Y 1772 Y Y YY Y ¢ Y w- Y. Y J YY Y Y Y Y `f Y Y Y Y Y Y Y Y_Y v g' Y J Y Y Y Y 1 1. 717 YY' Y Y J }- Y; y Y Y Y N 110 C7 O Z r 1 z p O No tl Cerdfns EM I mm� tel Management Commission M11-lon or Water Resources . Location Sketch Fo,�_ha,,, �;, &,tW E Date x1I" dia_ - dia Ratewed p� r ( 4" below grade) Legend DWRProjectn2o19-1o9o-v1 (bent) t> \ C Geodetic SPC NNAD 83 2071 ( adj.) Rd41 right-of-way = 6,72z477 g Y EE = 2,682 ,678.5274 Eft- centerline -- adjoiner lines (not surveyed ) __________________ Tie Down lines ( surveyed) Ex IP - 1" dia. Michael Gira ( 2" below grade ) I11/222 Deed Book /Page 1385 / 778 ® NC Grid Geodetic monument S 46 4'57"W A Ex.IP Existing comers found 0 41t VS 46042'37nW 0 S.Mag. Magnetic nail 36.23' ® Ex. Nail Existing Nail, RR spike O SIP Set Iron Pipe ( 1" galvanized) f� A NPS No Point Set � S Ex.Re-bar Existing Re -bar 62 ❑ Con.Mon. Concrete Monument O o — Ex.IP - r' dia. (- T7',� 5 D'a¢1 < �� ( 1" below grade) Steven Baldwin �� � �� � Cp NC Geodetic SPC �S1 14 e� Q" NAD 83 2011 (adj.) �� . 'Ay N = 618,650.6327 l 849 / /^J 75 \ 1\, O0� L v'6 E=2,682,750.9964 _orb SIP - 1" dia. \ �'C7 V A r. \` (2" below grade) 0.498 Ac. �'.J ��C)3o�1oY S 46020'01 "W o� vf\ �� \ s 40.34' \ °rch eat �v A t m� i 21 1 ca s ` Ex.IP1dia. Sur or's Notes - " °�(1 " below grade) ao �f °� j NC Geodetic SPC %Inless ll distances are horizontal ground, o \ NAD 83 8,60 (adj2 noted. \ O \ (r N = 618,600.3242 Nis � NPS\�, \\ '� `..\ ��V E=2,682,686.3270 *Area by coordinate computations. *Subject to all easements, zoning Michael Ha eS regulations, or restrictive covenants of record. l 8 5 8/ l 7 5 *Survey reflects current occupations. *R/W from existing maps. *Area summary : 0.498 +/- acres '+ "S \It NC SPA Tie Down Information *NC Geodetic control by GPS GNSS. *No wetland deliniations made or 10, \ / GPS receiver used : Topeon Hiper SR implied by this survey. ' \ J Ex.Ily-4e I" dia. / Class ofsurvey: B ( 6".i�elow gradia. ( y This is an existing parcel. ( ,o.� Positional accuracy : 0.03 Type of GPS field procedure: RTK a NPs 0d�1A\ °�� o Date of survey: 5 / 14 / 2019 �S .� Datum / Epoch: NAD 83 (2011 ) adj. Published / Fixed control: VRS / GNSS Geoid Model: Geoid 2012au8 Grid factor: 0.99988563 '.itc. Units: us foot CAMA 75' added - 8 / 9 / 2019 r no 1, Bryant E. Hardison, Jr., certify that this plat was drawn by me Wood Duck Land Surveying, PC from an actual survey by me under my supervision; that the Bryant E. Hardison, Jr. PLS NC L-2889, C-3774 boundaries not surveyed are clearly indicated as drawn, that the ratio of precision as calculated by latitudes and de fa is 1: 42 South Teach's Point, Bath, NC 27808 19,405+. Witness my original signature, licen b�rA149eit;, Boundary Survey for this day of .�f �(C �r/ 2 Qk•,,........,,�. �oFEss/o:.%�: John D. Lawrence, Jr. Bry t E Hardison, Jr. PLS L-2889 i SEAL `•'7 - and wife, Barbara W. Lawrence :M: ::0 : L-2889 Modified house - 8 / 7 / 2019 0 40 85-7 O,� Bath Township, Beaufort County, North Carolina SURV�,t•' Q\`.` Date Surveyed: 5 14 / 2019 ce s and Maps Date Drawn : 7 / 24 / 2018 77; t385 / 778; 1849 / 775; 1858 / Graphic Scale : 1 " = 40' '' / +t t��` Scale : one inch = forty feet 75; Tract # 2019 50 Lawrence JD Course Bearing Distance L1 S 26°56'06" W 27.02' L2 S 65050'11" E 20.66' L3 S 15050'15" E 34.63' L4 S 18054'52" W 35.47' L5 S 38°02'03" E 3.50' L6 N 52°16'21" E 30.90' 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