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Home My WebLink About20151164 Ver 1_Approval Letter_20160315WaterResnuocm/ ENVIRONMENTAL QUALITY Daniel E. Whitford 74@Down Shore Drive Bount5Creek, �N[275l5 P/kTMCCR0RY Governor DONALD 0.VAN DER VAAQT �� S. JAY ZI&&MBRMAN March 25,2O16 oir,"" DVVR#l5-II64 Beaufort County Subject: Authorization ofTar-Pamlico River Riparian Buffer Protection Rules Major VahaUce [15AN[ACO2B.D259/8Vc8with Additional Conditions 748 Down Shore Drive Dear Mr. Whitford: You have our approval for the impacts listed below for the purpose described in your application dated October 29, 2015 received by the Division of Water Re3OUr[2S (Division) On November 5, 2OI5and subsequent information provided onDecember 8,2Ol5. This letter shall serve asyour Major Variance approval with conditions as authorized in 15A NCAC 02B .0259 (9)(c)(ii). ThiS letter only addresses the major vari6DCefrornihe buffer rules and does not approve any activity within Waters Ofthe United States OrWaters ofthe State. Please note that you should get any other federal, state Orlocal permits before proceeding with your project, includingLh0S2 required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you tnfollow the conditions listed below: 1. The following impacts are hereby approved. NOother impacts are approved, including incidental impacts. Type of Impact Amount Approved Amount Approved (units) (units) Temporary Permanent Buffers — Zone 1 163.46 (square feet) 0 (square feet) Buffers — Zone 2 193.07 (square feet) 0 (square feet) 3. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0259 shall occur within the protected riparian buffer unless approved by the Division. State onvorthCarolina IEnvironmental Quality Iw*er Resources 1617 Mail service Center I Raleigh, North Carolina zrm+/an 9198076300 Daniel E. Whitford DVVR#15-1164 Major Variance Approval Page 2of5 3. Mitigation Plan Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Division of Mitigation Services (DMS) to meet this mitigation requirement. Until DIMS receives and clears your payment, and proof Of payment has been provided to this Office, no impacts specified in this Authorization Certificate Sh8|| occur. For accounting purposes, this Authorization Certificate authorizes payment to the DIMS to meet the following compensatory mitigation Application of a locational ratio is not required per the decision of the Water Quality Committee of the Environmental Management Commission on January 13, 2016. 4. Stormwater Management Plan The Division approves the diffuse flow plan consisting o[a level spreader and vegetated filter strip and all associated stOrrnvvaterconveyances, inlet and outlet structures, and the grading and drainage patterns depicted onplan sheets dated October 28,JOI5, which are incorporated h«reference and are enforceable h»the Division. The following conditions also apply [15A NCAC 02B .0259 (5)]: The maximum allowable drainage area for the approved level spreader and vegetated filter strip shall be 14,375 square feet and the maximum allowable built -upon area within that drainage area shall b2357square feet. Any changes tOthese maximum areas shall require the applicant t0submit and receive approval fora revised s1nrrnvv8ter management plan bythe Division. The footprint of the diffuse flow device as well as an additional 10 -foot wide area On all sides ofthe device shall be located in either public rights-of-way, dedicated common areas Orrecorded easement areas. The final plats for the project shovviDQ8USuchrights- Of+w8y,COrnrnOnareaSJnd2aSennentereasshall beiDaccordance with the approved plans. The approved diffuse flow plan shall be constructed and operational before any permanent building Vrother structure iJoccupied 8tthe site. Compensatory Mitigation River and Sub -basin Required Number Buffers 780 (square feet) 030201031, 03020104 or 030201051 Application of a locational ratio is not required per the decision of the Water Quality Committee of the Environmental Management Commission on January 13, 2016. 4. Stormwater Management Plan The Division approves the diffuse flow plan consisting o[a level spreader and vegetated filter strip and all associated stOrrnvvaterconveyances, inlet and outlet structures, and the grading and drainage patterns depicted onplan sheets dated October 28,JOI5, which are incorporated h«reference and are enforceable h»the Division. The following conditions also apply [15A NCAC 02B .0259 (5)]: The maximum allowable drainage area for the approved level spreader and vegetated filter strip shall be 14,375 square feet and the maximum allowable built -upon area within that drainage area shall b2357square feet. Any changes tOthese maximum areas shall require the applicant t0submit and receive approval fora revised s1nrrnvv8ter management plan bythe Division. The footprint of the diffuse flow device as well as an additional 10 -foot wide area On all sides ofthe device shall be located in either public rights-of-way, dedicated common areas Orrecorded easement areas. The final plats for the project shovviDQ8USuchrights- Of+w8y,COrnrnOnareaSJnd2aSennentereasshall beiDaccordance with the approved plans. The approved diffuse flow plan shall be constructed and operational before any permanent building Vrother structure iJoccupied 8tthe site. Daniel E. Whitford DVVR#15-1164 Major Variance Approval Page 3 of 5 The diffuse flow plan may not be modified without prior written authorization from the Division. Acopy ofthe approval letter and the modified SMP shall besubmitted tOthe DWR 401 & Buffer Permitting Branch prior to the commencement of the modifications. Maintenance activities for the level spreader and vegetated filter strip Shall be performed inaccordance with the notarized O&M agreements signed b«Daniel E.Whitford On October 29,2OI5. The O&M agreement shall transfer with the sale Ofthe land Or transfer ofownership/responsibility for the BMP facility. The Division shall henotified promptly ofevery transfer. 5. Erosion and Sediment Control Practices Erosion and sediment control practices must beinfull compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices inorder tOprotect surface waters standards: 8. The erosion and sediment control measures for the project nnu5tbedesign2d, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manua[ L The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North [8n]|inJ Sediment and Erosion Control Manua[ The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)projects, inC|Udingcontr8CtVrOvvn2dOr|ea5ed borrow pits associated with the project. C. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version Ofthe North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 6. 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 vv3t2r quality standards, statutes, Or rules occur. 7. Protective Fencing The outside buffer, wetland orwater boundary and along the construction corridor within these boundaries approved under this authorization shall beclearly marked with orange warning fencing (or similar high visibility material) for the areas that have been Daniel E. Whitford DVVR#15-1154 Major Variance Approval Page 4ofS approved tOinfringe within the buffer, wetland Orwater prior tOany land disturbing activities to ensure compliance with 15A NCAC2B .0259. This approval isfor the purpose and design described inyour application. The plans and specifications for this project 3reinCOrpOratedh«referenceandare8nen6UrCeablep8rt Ofthis Approval. |fyou change your project, yournus1nOtif«1heDividOn8ndyounnaybe required tosubmit 3new application package. |fthe property issold, the new owner must be given a copy of this Approval and is responsible for complying with all conditions. 9. The applicant and/or authorized agent shall provide a completed Certificate Of Completion Form 10the DVVR4OI8' Buffer Permitting Branch within ten days Ufproject COOOpledOD (available at: h fOrrnS-heW-dOCur0entS. IO.This approval grants permission 10the director, anauthorized representative ofthe Director, Or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. 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. Apetition form may be obtained from the OAH at 0rbvcalling the OAH [|2rKs Office at /919\ 4]I-3DOOfor information. A petition is considered filed when the original and one (l) copy along with any applicable OAH filing fee is received inthe 0AH during normal office hours (Monday through Friday between 8:008rn and 5:00prn, excluding official State 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 OAHfiling fee isreceived bythe OAHwithin five /5\ business days following the faxed transmission. Mailing address for the OAH: If sending via USPostal Service Office OfAdministrative Hearings 67l4Mail Service Center Raleigh, NC27699-G7I4 Ifsending via delivery service (UPS, FedEx, etc): Office 0fAdministrative Hearings 27IINew Hope Church Road Raleigh, NC 27609-6285 Daniel E. Whitford DVVR#15-1164 Major Variance Approval Page Sof5 One (1) copy of the petition must also be served to DEQ: S8rn M. Hayes, General Counsel Department OfEnvironmental Quality I601Mail Service Center Raleigh, N[27699-l6OI This letter completes the review of the Division under the Tar -Pamlico Riparian Buffer Rules as described in 15A N[AC 2B .0259. Please contact Jennifer Burclette at 929-807-0364 Or Orifyou have any questions orconcerns. Karen Higgins, Supervisor 401 & Buffer Permitting Branch Cc: OVVRVVaRO401file DWR 401 & Buffer Permitting Branch file Filename: 151164VVhitfordPropertyBeaufort)_TAR_M]V.ducx