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HomeMy WebLinkAbout20140487 Ver 1_Approval Letter_20140522Pat McCrory Governor A ICDEE R North Carolina Department of Environment and Natural Resources May 22, 2014 John E. Skvarla, III Secretary DWR # 14 -0487 Beaufort County John D. Andrews, Jr. and Maria M. Andrews 3283 North Waverly Street Farmville, NC 27828 Subject: AUTHORIZATION CERTIFICATE PER THE TAR - PAMLICO RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0259) WITH ADDITIONAL CONDITIONS John and Marian Andrews Property at 104 Blackbird Lane Dear Mr. and Mrs. Andrews: You have our approval for the impacts listed below for the purpose described in your application dated May 13, 2014, received by the Division of Water Resources (Division) on May 15, 2014. 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. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan.location/ Reference Attached Buffers — Zone 2 B1 782 (square feet) 0 (square feet) Figure 1 of Existing Structure and Proposed Structure B2 40 (square feet) 0 (square feet) 2. Diffuse Flow An additional condition is that all stormwater 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 2B.0259(5). 3. No Waste Spoil, Solids or Fill of Any Kind Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office 943 Washington Square Mall, Washington, SIC 27889 Phone: 252 -946 -64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper John D. Andrews, Jr. and Maria M. Andrews DWR # 14 -0487 BUFFER APPROVAL Page 2 of 3 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. 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. 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 1506 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 Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEx, etc): 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: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 John D. Andrews, Jr. and Maria M. Andrews DWR# 14 -0487 BUFFER APPROVAL Page 3 of 3 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, "R� e�� Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR cc: File Jennifer Burdette, DWR 401 & Buffer Permitting Unit Brad Connell, DCM Morehead City