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HomeMy WebLinkAbout20140128 Ver 1_Approval Letter_20140212NDGI,R North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary February 12, 2014 DWR # 14 -0128 Union County Mr. Melvin Graham MFG Enterprises, Inc. 2701 Coltsgate Rd., Ste. 300 Charlotte, NC 28211 Subject: Approval of Goose Creek Riparian Buffer Impacts with Additional Conditions, Rosecliff Sewer Connection Dear Mr. Graham: You have our approval for the impacts listed below for the purpose described in your application dated February 4, 2014, received by the Division of Water Resources (Division) February 7, 2014. These impacts are covered by the Goose Creek Buffer Rules and the conditions listed below. 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 approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Goose Creek Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (units) Temporary Amount Approved (units) Permanent Buffers —Zone 1 Site 1 23086 (square feet) 0 (square feet) Site 2 13068 (square feet) 0 (square feet) 2. The construction shall stay at least 50 ft from top of bank of the stream /pond. 3. 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. Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone 919 - 807 -63011 FAX- 919. 807.6494 Internet http./ /portal ncdenrorg/webtwq/ws An Equal Opportunity 1 Affirmative Action Employer MFG Enterprises, Inc. DWR# 14 -0128 Page 2 of 3 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 is responsible for complying with all conditions. 4. This application is approved as a low density development for impervious surface area(s) under 24% and a stormwater drainage system that consists primarily of vegetated conveyances. If the development meet the aforementioned criteria, the following conditions also apply: a) A deed restriction shall be placed on the tract in order to limit the amount of impervious surface area to less than 24 %. b) This tract shall be held, transferred, sold, conveyed, developed and occupied subject to the requirement that upon development of this tract, the then owner shall develop a stormwater management plan approved by the Division if the total impervious area resulting from development of the Property is 24% or more of the total area of the Property. c) This restriction contained herein shall be binding upon the owner's successors and assigns, and shall be perpetual and run with the land until released or amended by a release or amendment approved by the Division. d) These two documents shall be filed with the Register of Deeds, Union County, North Carolina. e) If a compliance inspection reveals an impervious surface area of 24% or greater, then you will be in violation of this Condition and required to comply with the requirements of General Certification 3890. 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 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: 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 MFG Enterprises, Inc. DWR# 14 -0128 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 Goose Creek Riparian Buffer Rules as described in 15A NCAC 2B 0.600 - 0.609. Please contact Mr. Alan Johnson at 704- 663 -1699 or Alan.Johnson @ncdenr. -Rov if you have any questions or concerns. Sin'cere y, Michael L. Parker Regional Supervisor DWR Mooresville Regional Office cc: Len Rinder DWR Wetlands /Buffer Unit