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Home My WebLink About20220170 Ver 1_Buffer Authorization Letter_20220406April 6, 2022 DWR # 2022-0170 V1 Lenoir County Jessica Thompson Lenoir County SWCD 2026 HWY 11/55 Kinston, NC 28501 Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on February 1. 2022. 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: 1.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 [15A NCAC 02B. 0611] Type of Impact Amount Approved Temporary (square feet) Plan location/ Reference Attached Buffer - Zone 1 15,100 ft2 Plan Sheets Buffer - Zone 2 9,430 ft2 Plan Sheets 2.Diffuse Flow An additional condition is that all stormwaters shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 02B .0714(5) or provide treatment via an approved stormwater BMP meeting the nutrient removal requirements established within 15A NCAC 02B .0714(a)(1)(2). For this project, diffuse flow can be accomplished through guttering of all roof drainages and directing their discharge to a point outside the entirety of the riparian buffer. 3.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 Buffer Authorization Application. All forestry operations activities shall be performed so that no violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502]. 4.The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an “in kind” manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0714 (6)] 5.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. [15A NCAC 02B .0507(d)(2)] 6.This approval and its conditions are final and binding unless contested. {G.S. 143-215.5} 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, 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 6714 Mail Service Center Raleigh, NC 27699-6714 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Tina Martin at 252-948-3844 or tina.martin@ncdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Jesse Thompson (via email: Jessica.t.thompson@nc.nacdnet.net) Laserfiche/DWR file copy -77.6250' 35.2500" 30036OmN 01 00 USGS U.S. SPARTMENT OF THE US. GEOLOGICAL SU VEY RIOR ,th c. for doming world 26200°"E 63 1, .— . .66 65 •`/-."...-�• �i Iii t It tvf . E' . ... ..I. •111- 15. Nacional Map tit US Topo 66 67 Southwood STRAwIERRI ,RAMC" DR AMP • _ o ' USDA United States Department of Agriculture \RCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Lenoir County, North Carolina December 3, 2021 Page 1 of 1 • • NORTH CAROLINA: Lisxoirt Co The foregoing certificates of are certified to be correct. Filed for registration 44. ‘O'- / CONC. MON. F01110 OCP to Cr CONC.MON. IRON STAKE SET IRON STAKE SET �irl�F P. of__CA-!ti. It M thla lam_• IRON STAKE FOUND NSS°IO'II"E -40.00 LENOIR CO. LIVESTOCK DEVELOPMENT ASSOCIATION PROPERTY TRACK 2 13.443 ACRES S 77° 38'00".W - 604.44' C.B. BROOKS PROPERTY 200 RON STAKE SET � t0 RON STAKE SET IRON STAKE SET S 66° IT IS" E. CONC. MON. ON BANK IRON STAKE IN CANAL. IRON_STAKE_SET CANAL KI .00 ACRES KINSTON JUNIOR CHANGER OF COMMERCE PROPERTY 02°3000"E-1841 _._.691.00 • MON. FOUND S77°35‘00"W. _1664.46_---------- KINSTON JUNIOR CHAMBER OF COMMERCE PROPERTY_ 0 200' GRAPHIC SCALE v% a.sie3/ /mac., y1f i, LINW00A E STRotn, certify that under sly' direction and supervision this map was drown from on actual field land survey of (g Dort at) the property as recorded in Deed. Book492 . Pops301, Lenoir County Registry; that the Error. of Closure as calculated bylatitude and departures is 101_250 mot 8m monnneniti have. been placed as shown; that this map was prepared in accordance with G.S. 47- 30. as crowded. WITNESS my hand and seal thi of�pL_AD. 19 ' Signature LlnwoodA £. Stroud P.mr4 Swom.tomid _subscribed before nu_thltatday ot.4n/ iSZL. Notary Pubik My Cammision Expires ! aS yf• II. 1912 IRON.. STAKE . SET.. R STAKE SET NINARUTH':ROUSE KARNS s. _, :FAIRGROUNDS.. ROAD ' _. PROPERTY S.R.1368 iI I II 14.S.R.1344..._ . _._. I 1 PT. OF BEG. I CHOP. FOUND IN T. OF. PAVEMENT i DIT FORMCHES.ERLY INTERSECTION OF TWO 1 II II -•. .•' DIVISION.. OF ENOIR :. COUNTY _LIVESTOCK ! DEVELOPMENT . ASSOCIATION. .PROPERTY. AS RECORDED IN DEED BOOK 492 PAGE 361 ___ NEUSE TOWNSHIP, _.LENOIR. CO., N.C. APRIL_29, I976_ ._ SCALEs 1"■_2OOr DWR 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 DWR Central Office – Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699-1650. This form may be returned to DWR 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: If this project was designed by a Certified Professional I, , 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, 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: Date : _______________________________ Registration No. ____________________________