HomeMy WebLinkAbout20160526 Ver 1_Approval Letter_20160602 PAT MCCRORY
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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
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MANAGEMENT �
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DMSQN OF WA7M RESOLWO
DINR PWA No ��—
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NEUSE RIVER
SCALE: 1" = 30'