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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 File Copy