HomeMy WebLinkAbout20140453 Ver 1_Approval Letter_20140521r44VA
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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
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