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