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Home My WebLink About20130959 Ver 1_Approval Letter_20130912e��w NCDENR North Carolina Department of Environment and Division of Water Resources Pat McCrory Governor Major John Kirkland Town of River Bend 45 Shoreline Drive New Bern, NC 28562 Water Quality Programs Thomas A. Reeder Director September 12, 2013 Natural Resources John E. Skvarla, III . Secretary DWR # 13 -0959 Craven County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS 2013 Drainage Improvements —Town of River Bend Dear Mayor Kirkland: You have our approval for the impacts listed below for the purpose described in your application dated August 21, 2013, received by the Division of Water Resources (Division) on September 5, 2013. 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, 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. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers —Zone 1 450 (square feet) 0 (square feet) B1 Buffers — Zone 2 390 (square feet) 0 (square feet) B2 Water Quality Section 943 Washington Square Mall, Washington, North Carolina 27899 Phone: 252- 946 -64811 FAX: 252- 975 -3716 Internet'. w .ncwatecorg An Equal Opportunity 1 Affirmative Action Employer Mayor John Kirkland Town of River Bend DWR # 13 -0959 Buffer Authorization Page 2 of 3 2. 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 Pre - Construction Notification and authorized by this written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Protective Fencinz All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. 4. 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. 5. This approval and its conditions are final and binding unless contested. This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1508 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:OOam and S:OOpm, 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: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 Mayor John Kirkland Town of River Bend DWR # 13 -0959 Buffer Authorization Page 3 of 3 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under the Tar - Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthony.scarbraugh @ncdenr.gov if you have any questions or concerns. Sincerely, a0v ago"v) Amy Adams Assistant Regional Supervisor DWR Water Quality Programs Washington Regional Office cc: DWQ WARD 401 files Jennifer Burdette, DWR Webscape Unit J. Kevin Avolis, Avolis Engineering, PA, 5405 Morton Road, New Bern, NC 28562