HomeMy WebLinkAbout20160084 Ver 1_Approval Letter_20160223Water Resources
ENVIRONMENTAL QUALITY
Mr. Frank Binkiewiez
1317 Hillshire Meadow Drive
Matthews, NC 28105
PAT MCCRORY
Gove im
DONALD R. VAN DER VAART
Subject Property: 6028 Headlands Court, Reflection Point, Lake Wylie
Secielary
S. JAY ZIMMERMAN
Un eclor
DWR# 16-0084
Gaston County
AUTHORIZATION of Catawba River Riparian Buffer Protection Rules MINOR VARIANCE
[15A NCAC 2B .0243(9)(c)] with ADDITIONAL CONDITIONS
Dear Mr. Binkiewicz,
You have our authorization, in accordance with the conditions listed below, to permanently
impact 36 square feet (W) of Zone 2 of the protected buffers at the subject property as described within
your variance request dated January 17, 2016, received by the Division of Water Resources (DWR) on
January 25, 2016. This letter shall act as your Minor Variance authorization. In addition, you should get
any other required federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control. This authorization shall expire five years from the date of this
authorization.
This authorization is only valid for the purpose and design that you described in your Minor
Variance Request dated January 17, 2016. If you change your project, you must notify us and you may be
required to send us a new request for authorization. If the property is sold, the new owner must be given
a copy of this authorization and is thereby responsible for complying with all conditions. For this
authorization to be valid, you must follow the conditions listed below.
1. No impacts (except for "exempt" uses as identified within 15A NCAC 2B.022) shall occur
to Zone 1 and Zone 2 of the protected riparian buffer.
2. The 50 ft. buffer shall be properly surveyed and recorded on the property plat with a copy
submitted to DWR.
3. Stormwater runoff from your site shall not be piped/diverted as concentrated flow through
the riparian buffer zone. The lot should be graded such that water is released through sheet
flow through the buffer. [15A NCAC 02B .0243(5)]
4. The Division's Mooresville Regional Office (610 East Center Avenue, Suite 301,
Mooresville, NC 28115) shall be notified in writing once construction at the approved
impact areas has commenced. [15A NCAC 02H .0502 (e)]
5. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless
specifically approved by the Division and must meet the Catawba Riparian Buffer Rule
requirements. [15A NCAC 02B .0243(4) and (6)]
State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations
Mooresville Regional Office) 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704 663 1699
6. All staging, including spoil, stockpile and construction materials, shall occur outside of the
buffer. [15A NCAC 02B .0243(4)]
7. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 and Buffer Permitting Unit within ten days of project completion.
(available at: hiip:Hportal.ncdenr.or web/wg/swp/ws/401/certsandpermits/apply/forms) or
see attached. [15A NCAC 02H.0507 (c) and 15A NCAC 02B.0243(8)]
If you do not accept any of the conditions of this authorization, you may ask for and adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This authorization and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Catawba River
Riparian Buffer Protection Rules [15A NCAC 2B.0243]. Please call Alan Johnson 704-663-1699 or
Jennifer Burdett at 919-807-6364 if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
W��
Fes` W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Cc: Jennifer Burdett, Central Office
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