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HomeMy WebLinkAbout20140453 Ver 1_Approval Letter_20140521r44VA 4, MCDERR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 21, 2014 Thomas and Cindy Williams 1200 Sea Gate Drive Newport, NC 28570 John E. Skvarla, III Secretary DWR # 140453 Carteret County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER PROTECTION RULES (15A NCAC 026 .0233) WITH ADDITIONAL CONDITIONS 1200 Sea Gate Drive, Newport Dear Mr. and Mrs. Williams: You have our approval for the impacts listed below for the purpose described in your application dated April 11, 2014, received by the Division of Water Resources (Division) April 28, 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 Or Reference Buffer (Zone 1) N/A N/A Buffer (Zone 2) 160 square feet N/A Site plan (attached) 127 Cardinal Drive Ext., Wilmington, North Carolina 28405 Phone: 910-796-7215 1 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Thomas and Cindy Williams DWR Permit # 14 0453 May 21, 2014 Page 2 of 3 2. 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 Certification. 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. 3. 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.0233(5). 4. 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. 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. 5. No Impacts to Zone 1 No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities designated as "exempt" within 15A NCAC 02B .0233(6), unless otherwise approved by the Division. 6. 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) within sixty (60) calendar days. 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. 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: Thomas and Cindy Williams DWR Permit # 14 0453 May 21, 2014 Page 3 of 3 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 This'letter completes the review of the Division under the Neuse Buffer Rules as described in 15A NCAC 02B .0233. Please contact Joanne Steen huis at 910.796.7306 or Joanne.Steenhuis @ncdenr.gov if you have any questions or concerns. Sincerely, Jim Gre on Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Attachment: Site drawing cc: Michael Murray — East Carolina Building Group — electronic copy Jennifer Burdette, DWR 401 & Buffer Permitting Unit Brad Connell — DCM Morehead City WiRO i i26 Lj 1 Igo '90! r