HomeMy WebLinkAbout20151056 Ver 1_Approval Letter_20151027North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 27, 2015
Miles G. Swink
890 East Bayside Shores
Chocowinity, NC 27817
Donald R. van der Vaart
Secretary
DWR # 15 -1056
Beaufort County
Subject: AUTHORIZATION CERTIFICATE PER THE TAR - PAMLICO RIPARIAN BUFFER PROTECTION
RULES (15A NCAC 02B.0259) WITH ADDITIONAL CONDITIONS
Swink Residence Deck and Steps Addition
Dear Mr. Swink:
You have our approval for the impacts listed below for the purpose described in your application dated
October 5, 2015, received by the Division of Water Resources (Division) on Octobel 16, 2015. 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. 0259(8)).
Type of Impact Amount Approved Amount Approved (units) Plan location/
(units) Temporary Reference
Permanent Attached
Buffers
BI (Deck) 180 (square feet) 0 (square feet) Site Map
Zone 2
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. 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-
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -6481 \ Fax: 252 - 975 -37161 Internet: www.ncdenr.gov
An Equal Opportunity 1Affinnafive Acfion Employer — Made in part by recycled paper
Miles G. Swink
DWR# 15 -1056
BUFFER APPROVAL
Page 2 of 3
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 320 trees per acre at maturity. This density can usually be
achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 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 028 .0259 (6)]
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. [15A NCAC 02B .0507(d)(2)]
5. This approval and its conditions are final and binding unless contested. {G.S. 143- 215.51
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1508 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 htto: / /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:OOam and S:OOpm, 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
One (1) copy of the petition must also be served to DENR:
Sam H. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699 -1601
Miles G. Swink
DWR# 15 -1056
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
anthonv.scarbraueh(@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
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