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HomeMy WebLinkAbout20060585 Ver 2_Revised Approval Letter_20210617FROM 08103/ 2006 IA', 29 2626349718 FAX HO. A_ia. 03 20006 03:49Fri P2 TRADER CONST. CO. PAGE t�i2 isliuhtet F.:Sasley, Governor August 1, 2006 William G. Russ Jr., Smeary Mirth Carolina Department of Eriviro n ent and Natural Rasoutmea 'Ai RA W. Klimak, P.E. Dirootor Division of Wale: cuaility DWQ Project / 06-0585 Wayne County William W. Taylor P.O..Drawer 1578 New Bern NC 28663 CERTIFIED MAIL R1 Ti1RN RECUPT REQU STJ D #7005 1820 0003 8594 8709 Subject Property: Wlllaw Run Phase IV Taylor Street Qoidsboro, NC Nouse River Basin Approval.afNeuge River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233 (9)(b)1 Dear Mr. Taylor: You have our approval, in accordance with the conditions listed below, to impact 4639 square feat (&) of Zone 2. of the. protected buffers to construct a .Phase 1V of the Willow Run Subdivision on the Subieat property as described within your variance request received by the Division of Water QUality (D)WQ) on April 6, 2006. These impacts must be in accordance with the final plat received on July 6, 2006, Ibis etter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(4 In addition to this approval, you should obtain. or otherwise comply with any other required federal, state or local permits before you go toad with your project including (but.not limited to) ,E.rosion. and Sediment Control and Division of ,Coastal Management regulations._. This approval is for the purpose and design that you described in your application. If you change your project, you must notify. us .and You may 'be required to send us a new application. If the property is sold, the new.o wner(s) must be given a copy of this variance approval send plat plan and is thereby responsible for complying with all conditions. This approval requites you to follow any Conditions listed below. Kurth Carolina Division of Water Quaiixv 943 Wiiaahingten squere NW! Wa5hingu i, l`7c 27889 . • tntemat, yww.ncwatexlusfit a t✓0A • . Phone: 252-94644S t FAX 252-946-9215 AitEeuet Oppolunity/AaIrmacve Action Employee 50% 140cw/0d/10%post Consumer Pepat 1V °neo hearolina aturallj FROM : FAx Mo. 08/03/2006 14:29 2526349718 HU9. i TRADER CONK. CO. PAGE i The Additional Conditions of the Certification are: I, No Zone I. Impacts No impacts (except for proposed and "exempt" uses as identified within 15A. NCA.0 28 ,4233) shall occurta Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious' surfaces shall be added to Zone 1, unIess otherwise approved by the DWQ. 2. Buffer Mitigation (EEP) Option 1: You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian bufiets is 6959 square feet as required under this variance .pprovtai and 1 5A NCAC 2B ,0233 . You have the option to make a payment into the Riparian Buffer Restoration Fund administered -by the NC IJcologicai Enhancement Prograni,(EEP) to meet this mitigation requirenrtetst. This has been detern'rirttd by the DWQ to be a suitable method to 'meet. the mitigatlonrequir'emorzt. In accordance with 15A. NCAC 2)3 ,0233, this contribution will Satisfy our compensatory mitigation requirements under 15A NCAC 2B ,0233(9)(1)(C). Until the'EEP receives and. clears your check (made payable to: Dot —Ecological, Bnbanoement Program Office), no impacts specified in this variance approval shall occur. The.EEP should be contacted at (919) 715-0476 if you have any questions concerning payment into the EE,P. For accounting purposes, this variance approval authorizes payment into tba Riparian Buffer Restoration Punt to compensate for 0191t2 of required riparian buffer mitigation. for impacts to 4639 & of protected riparian buffers; 93-04,05, 27-62 river and subbaslu." Option 2: The DWQ will accept an alternative. method of maitigation, (including but not limited to Buffer ttestcration or. Enhancement) pursuant to the Buffet Mitigation Rule (I6A NCAC 02B .0233) try satisfy this mitigation requiretn nt. If you choose to pursue this option, then you are required to submit hi writing a mitigation plan to the DWQ Wetlands/401 Unit/ Washington Regional Office for review and approval. T is'plan should include a'proposal to prat native species of hardwood trees within the riparian buffer area. For mare information, pI.ease contact this office. No impacts shall'occurto the protected buffers until the mitigation plan is approved by the ' DWQ. 3 Diffuse Plow An additional condition is that all stormwater shallbe directed as diffuse flow at non -erosive velocities through the protected strewn buffers and will not re -Concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5), FROM FAX NO. 08/ 03/ 2006 1.4: 29 2526 46718 HUg. U.J TRADER C0NET . CO. PAGE 04 4. Certificate of Completion Upon completion of all work approved, within the 401 Water Quality Certification or applicable Buffer Rules; and any subsequent modifications, the applicant is r hired to return tho attached certificate of completion to the 401 /v4retlands Unit, North Carolina Division of Water Quality, 1650 Moil Service Center, Raleigh, NC, 27699-1650. Requests for appeals of this decision shall be .made to the Office of Administrative Hearings. If you do not accept any of the conditions of this approval, you nay ask for and adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150E of the North Carolina General Statutes to the Office of Administrative Heings, 6714 Mail Service Center, Raleigh, NC 276996714.' This approval and its conditions are final astd binding unless you ask for a hearing. This Minor yarianee Approval shall expire five (5) years front the date of this letter. This letter completes the review of the Division of Water li Please oy under hll Kyle ver at 252- er Riparian Buffer Protection Rules (15A NC AC•2B .023 ()()t 948.391 7 if you have any questions or require copies of otaur rules or procedural materials. Sincerely, Enclosures: Certificate of Completion Project Plan. cc: DWQ WaRO Regional, Office DWQ Central Office, Cyndi.i(artoly Central Files Wayne Co; Dept. of Building Inspections n Al. Hodge/Supervisor Division of Water Quality Surface Water Protection Washington Regional. Office FROi'1 : 08/03/2006 14:29 2526349718 4 FAX NO. Aug. 0.1-Al TRADER COAST. CO. PAGE 05 Certification of Coin let on DWQ Project PJ'o,: County: Applicant: Project Narsae: . . Date of Issuance of Isolated Wetland 'Permit. CerNIgit „,plans le au Upon • completion of all, work approved within the 401 :Water Quality Certification and Buffer Rules„ and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Cutter, Raleigh, NC, Z769.9.1650, This form may be returned to 1 WQ by the applicant, the applicant's autherlzed agent, or the:project engineer. It la not necessary to send certificates from all of these. Applicant's Certification used in tkie observation of the compliance and intent of the 401 and: other supporting materials. Signature: , hereby state that, to the best of my abilities, due care and diligence was construction 'suet' that the . ponstruction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was tantial Date: used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: construction such; that the construction was observed to be built within subs Water Quality Certification and Buffer Ruled, the approved plans and specifications, Date: :If this project w'as designed by a Certified Professional .1 _, 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, 'fall time) the construction of the project, for the Permittee hereby state tbat, to the best of nay 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 Buffer Rules, the approved plans and • .specifications, and other supporting materials. Signature: • Registration, No. Date