Loading...
HomeMy WebLinkAbout20210994 Ver 1_Approval Letter_20210813ROY COOPER. Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Sheila Letica Mark Letica 6984 Summer Hill Dr. Denver, NC 28037 NORTH CAROLINA Environmental Quality August 13, 2021 DWR # 21-0994 Catawba County Delivered via email to: smletica@hotmail.com Subject Property: 4450 Red Hill Cir. AUTHORIZATION of Catawba River Riparian Buffer Protection Rules [15A NCAC 2B .0614 (9)(c)] with Additional Conditions Dear Mr. & Mrs. Letica, You have our authorization, in accordance with the conditions listed below, to impact 1320 square feet (ft2) of Zone 1 of the protected buffers as described within your buffer authorization request dated June 5, 2021, with additional information received by DWQ on August 9, 2021. This letter shall act as your Buffer Authorization as described within 15A NCAC 2B .0243(9)(c). This authorization shall expire five years from the date of this authorization. This authorization is only valid for the purpose and design that you described in your Buffer Authorization Request dated June 5, 2021. If you change your project, you must notify us and you may be required to send us a new request for authorization. If the property is sold, the new owner must be given a copy of this authorization and is thereby responsible for complying with all conditions. For this authorization to be valid, you must follow the conditions listed below. No impacts (except for "exempt" uses as identified within 15A NCAC 2B .020611(b)(2)) shall occur to Zone 1 of the protected riparian buffers. 1. This approval and all other paperwork associated with this approval shall be in accordance with the previous Notice of Violation. 2. Mitigation: Compensatory Mitigation Using EBX Buffer Mitigation Banks (EBX). Mitigation must be provided for the proposed impacts as specified in the table below. This has been determined by the DWR to be a suitable method to meet the mitigation requirement. Until EBX receives and clears your check this approval shall not be valid. You have one month from the date of this authorization to make this payment. For accounting purposes, this Authorization authorizes payment into the Buffer Restoration Fund to meet the following compensatory mitigation requirement: D_E NORTH CAROL/NA oana,eom+ or environmenui ouam, North Carolina Department of Environmental Quality 1 Division of Water Resources Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115 704.663.1699 Compensatory Mitigation Required Reference Mitigation Zone 1 Buffers 1320 (square feet) Catawba 03050101 2640 (square feet) Zone 2 Buffers 0 (square feet) Catawba 03050101 0 (square feet) 3. Certificate of Completion Upon completion of all work approved within this Buffer Authorization, the applicant is required to return the attached certificate of completion to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. 4. The permittee shall report to the Mooresville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by - case basis. 15A NCAC 02B .0200. If you do not accept any of the conditions of this authorization, you may 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 Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This authorization and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under the Catawba Riparian Buffer Protection Rules [15A NCAC 2B .0243]. Please call Doug Perez or Jennifer Burdette if you have any questions or require copies of our rules or procedural materials. Sincerely, DocuSigned by: 44.01414V H P444.4 �F161FB69A2D84A3... for W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Paul Wojoski, Wetlands Unit (email) Caitlan Parker, RES, cparker@res.us CERTIFICATE OF COMPLETION NCDWR Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: 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 required to return this certificate to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR 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 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 Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Engineer's Certification Partial Final I, , as a duly registered Professional Engineer 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 Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date