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HomeMy WebLinkAbout20201983 Ver 2_Approval Letter_20210428ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director Town of Ayden ATTN: Thomas Duncan PO Box 219 Ayden, North Carolina 28513 NORTH CAROLINA Environmental Quality April 28, 2021 DWR # 2020-1983 v2 Pitt County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS Ayden District Park - Dog Park (crossing) - 3969 Jolly Road, Ayden NC Dear Mr. Duncan: 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 April 28, 2021. 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, CAMA, 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. 0611] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Buffers - Zone 1 B1 (crossing) 1260 ft2 (square feet) 0 ft2 (square feet) Plan Sheet 1 Buffers - Zone 2 B1 (crossing) 800 ft2 (square feet) 0 ft2 (square feet) Plan Sheet 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 .0714(5) or provide treatment via an approved stormwater BMP meeting the nutrient removal requirements established within 15A NCAC 02B .0714(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 Buffer Authorization 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]. 4. 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 NOFi{.� DE _TH CAROLINA Department of Environmental peaiis. North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 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 .0714 (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. This approval and its conditions are final and binding unless contested. {G.S. 143-215.5} 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: 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 the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Chris Pullinger at 252-948-3918 or chris.pullinger@ncdenr.gov if you have any questions or concerns. CC: Sincerely, fi a6vx Ta 444,11 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Thomas Duncan, Town of Ayden (via e-mail: tduncan@ayden.com) DWR Laserfiche NOFi{.� DE _ Department of Environmental Ouaiis. North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 9: 32: 36am / _ (I ,--� --/ - - _ , ._-\I- —�\ 1 ,- , / — — — — — — — — — — — — `` 54-__�1 PROPOSED — — — — ' _ _ _ GRAVEL WALKWAY /—�—mil 0---------------------------------------------------- J� �'�/ _ _ ` PROPOSED _ -'' 20 LF 36" DUAL RCP 30' NEUSE '' -.�' STORM SEWER RIPARIAN 1 ,. --- ,-_ 20' NEUSE R RIPARIAN BUFFER �.�. ^`� I` • , \\� ` - _ 'i I �\ ,/ -- -- ` ��, --- ,_ _ -_ _- — — — — — — — — — — — — — — — — — — — — RIVER ' - _ _> BUFFER �. 1 .` - -` , i \ 1 - _i1 f- --1 --- .ice �O. _�� -- --T I O - - 1000000000 O O- - _ '—EXIS11NG , .._ OpOp, °o DITCH CH ,_ / 152 o \`�\ o• + ppOpp _____---_`---------------53 __--� • �• � '----- --- 53-- - —z\-------------------'----____--S-_--` \�O-pOp_,\ - _- /el --- -` —`� --_-__�--_---_„�-_ ��_ / _ �'-�------------- 5510---\_• --'_-�� ___---- / �I _- ---__----_ -----_--� - / - -___,--��. - - -_��_52s__---' ------__ _-___-------- ._-•--•--__ 1 I ----------' 1 `°OpO_-- _ / ---___ 1^/ / � i_ \\\ .__ __ ■0!•p / fir—_-- _ _-1- *I I I '- \ //',I+I `SO 1 I/ I Co ��- -- I.�• 11111 1��` �\ � + �-- II � I I I 11 I --- ..."-4.-___- _- ___- - Is, �I -$ __ �\ �o \_ -- 1 \_ __ /._ I , , -. _\_- 1_--51• ._• — 49- 1 ---- —� �__ -- 1 —I, �\\\—mo�---D��-' -.149/ ��_-�-�_ - - _-_- __ _ 'SO. � \-�'- __�'�� ,� ' _��``'/\ -52-- 0o - _�--_-_\----_--�-_----�_•-_.--"--_ �-\�--\ - --. ,'-52--- - 52 -\ --50i1 ,p0p\_--"/1 .-�51 . 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C. PLAN/PROFILE SHEET AYDEN DISTRICT PARK DRAINAGE IMPROVEMENTS TOWN OF AYDEN PITT COUNTY NORTH CAROLINA CAD FILE DIRECTORY: LL 0 W W (f) N0. DATE DESCRIPTION CAD DWG FILE NAME: EXISTING SITE CONDITIONS.DWG CAD PLOT FILE NAME: LAYOUT1 INC. ) Corporate License No. C-131 CORPORATE OFFICE BRANCH OFFICE MAP FILE REFERENCE: PROJECT NO.: 1-21-0005-0050 SURVEYED BY: Engineers • Planners • Land Surveyors Engineers • Planners 3714 North Main Street 109 East Walnut Street P. O. Drawer49 P. O. Box 1776 Farmville, NC 27828 Goldsboro, NC 27533 Telephone: (252) 753-2139 Telephone: (919) 736-7630 Facsimile: (252) 753-7220 Facsimile: (919) 735-7351 - - - - m MAI REVIEW OFFICER APPROVAL DRAWING NO.: 1 COMPUTED BY: RBM SCALE: H:1"=20' V:1"=2' DRAWN BY: DCA DATE: 4/14/2021 APPROVED BY: RBM DATE MAI REVIEW OFFICER ROY COOPER tjovernor MICHAEL S. REGAN Secretary LINDA CULPEPPER interim Director DWQ Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: NORTH CAROLINA Environmental Quality 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 , 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: If this project was designed by a Certified Professional Date: , 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 �prY'r+l d Im4.s�.mtr GWl,� North Carolina Department of Environmental Quality 'Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481