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Home My WebLink About20160771 Ver 1_Approval Letter_20160826Water Resources ENVIRONMENTAL QUALITY August 26, 2016 Greenville Utilities Commission Attn: Mr. J. Steven Porter, P. E. 401 South Greene Street Greenville, NC 27835 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWR #2016-0771 Pitt County Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0259) WITH ADDITIONAL CONDITIONS Harris Mill Run Outfall Replacement Dear Mr. Porter: You have our approval for the impacts listed below for the purpose described in your application dated August 4, 2016, received by the Division of Water Resources (Division) on August 11, 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. 0259(8)]. Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Plan location/ Reference Attached Buffers —Zone 1 B3 (Utility Crossing) 215 (square feet) 0 (square feet) B4 (Utility Crossing) 237 (square feet) 0 (square feet) Impact Map Buffers —Zone 2 61 (Utility Crossing) 0 (square feet) 2,231 (square feet) B2 (Utility Crossing) 846 (square feet) 0 (square feet) B5 (Utility Crossing) 0 (square feet) 203 (square feet) Impact Map B6 (Utility Crossing) 0 (square feet) 3,311 (square feet) State of North Carolina I Environmental Quality I Water Resources —Water Quality Regional Operations—Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 252-946-6481 CITY OF GREENVILLE ATTN: MR. J. STEVEN PORTER, P.E. DWR# 16-0771 BUFFER APPROVAL Page 2 of 4 B7 (Utility Crossing) 0 (square feet) 748 (square feet) 2. Buffer Mitigation Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Evans Ballahack Mitigation Bank to meet this mitigation requirement. Until the Evans Ballahack Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Evans Ballahack Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC 02B .0295(e) and 15A NCAC 02H .0506 (b)(6)]: All buffer mitigation must be provided prior to impacts. 3. 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 .0259(5). 4. 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)] 5. This approval and its conditions are final and binding unless contested. {G.S. 143-215.51 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 http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Compensatory River & Sub - Mitigation Required basin Number Buffers 1,356 (square feet) Tar -Pamlico 03020103 All buffer mitigation must be provided prior to impacts. 3. 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 .0259(5). 4. 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)] 5. This approval and its conditions are final and binding unless contested. {G.S. 143-215.51 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 http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. CITY OF GREENVILLE ATTN: MR. J. STEVEN PORTER, P.E. DWR# 16-0771 BUFFER APPROVAL Page 3 of 4 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:OOam and 5:OOpm, 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 One (1) copy of the petition must also be served to DENR: Sam H. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.gov if you have any questions or concerns. Sincerely, - _ ?1 o Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email) Laserfiche File Samir Dumpor, DELMR WaRO (via email) M. Blaine Humphrey, Rivers and Associates, Inc. CITY OF GREENVILLE ATTN: MR. J. STEVEN PORTER, P.E. DWR# 16-0771 BUFFER APPROVAL Page 4 of 4 (via email: bhumphrey@riversandassociates.com) 4. 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