Loading...
HomeMy WebLinkAbout20160526 Ver 1_Approval Letter_20160602 PAT MCCRORY rm<ir DONALD R. VAN DER VAART M ,tie.renua Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY June 02, 2016 f' cur DWR# 16-0526 Pamlico County Kenneth Turcotte 415 Magnolia Lane Arapahoe, NC 28510 Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER PROTECTION RULES (15A NCAC 028.0233)WITH ADDITIONAL CONDITIONS Proposed Dwelling 393 Magnolia Lane Dear Mr.Turcotte: You have our approval for the impacts listed below for the purpose described in your application dated May 11, 2016, received by the Division of Water Resources (Division) on May 23, 2016. 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. 0233(8)]. Type of Impact Amount Approved Amount Plan location/Reference (units) Approved (units) Attached Permanent Temporary Buffers—Zone 1 B1 0 (square feet) 0 (square feet) Riparian Buffer Map Buffers—Zone 2 B1 168 (square feet) 0 (square feet) Riparian Buffer Map 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 .0233(5). State of North Carolina ' Environmental Quality Water Resources—Water Quality Regional Operations-Washington Regional Office 943 Washington Square Mail,Washington,NC 27889 252-946-6481 Kenneth Turcotte 401 Riparian Buffer Approval DW R#16-0526 Page 2 of 3 3. Pursuant to 15 A NCAC 02B .0233(6), sediment and erosion control devices shall not be placed in Zone 1 or Zone 2 of any Neuse Buffer without prior approval by NCDWR. At this time, DWR has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts,anywhere on this Project. Moreover,sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released at a non-erosive velocity. 4. All riparian buffers impacted by the placement of permanent or temporary fill or clear activities shall be revegetated with non-woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing. [15A NCAC 02H .0507(c), 15A NCAC 02H .0506(b)(3),and 15A NCAC 02B .023359 (6)] 5. 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)] 6. This approval and its conditions are final and binding unless contested. {G.S. 143-215.5} 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). 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 8:00am 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: 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 Kenneth Turcotte 401 Riparian Buffer Approval DWR#16-0526 Page 3 of 3 One(1)copy of the petition must also be served to DENR: Sam H. Hayes,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 Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Don Burke at 252-948-3966 or don.burke@ncdenr.gov if you have any questions or concerns. Sincerely, W TM Robert Tankard,Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR cc: Erich Cooper Construction, LLC(4104 Norman Road,Trent Woods, NC 28562 DWR WaRO File Laserfiche Katie Merritt, DWR 401&Buffer Permitting Unit Samir Dumpor,DEMLR WaRO(via e-mail) LINE LEGEND EX. AXL BOUNDARY LINES MINIMUM BUILDING UNE RIGHT—OF—WAY EDGE OF PAVEMENT LINES NOT SURVEYED CENTERLINE OF ROAD WEILAINDMIJIFFERAPPROVEDER MANAGEMENT � � DMSQN OF WA7M RESOLWO DINR PWA No ��— �F NEUSE RIVER SCALE: 1" = 30'