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
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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),
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TRADER C0NET . CO.
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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
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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