HomeMy WebLinkAbout20072033 Ver 1_Approval Letter_20080320F warF
O~~ qPG Michael F. Easley, Governor
~ y William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
~ ..~
~ '~ Coleen H. Sullins, Director
Division of Water Quality
March 20, 2008
Mr. Covert Meyer
812 Beechtree Drive
Nashville, NC 27856
Subject Property: 812 Beechtree Drive, Nashville, NC
UT to Stony Creek [030302, 28-68, C, NSW]
DWQ # 2007-2033
Nash County
AUTHORIZATION of Tar-Pamlico River Riparian Buffer Protection Rules MAJOR VARIANCE
[15A NCAC 2B .0259(9)(c)] with ADDITIONAL CONDITIONS
Dear Mr. Meyer,
You have our authorization, in accordance with the conditions listed below, to impact 3,600
square feet (ftZ) of Zone 1 of the protected buffers and 2,400 square feet (ft2) of Zone 2 of the protected
buffers to pipe the perennial stream on the subject property as described within your major variance
request information received by the Division of Water Quality (DWQ) on December 4, 2008, with
additional information received by DWQ on January 30, 2008, and approved by the Water Quality
Committee on March 12, 2008. This letter shall act as your Major Variance authorization as described
within 15A NCAC 2B .0259(9)(c). 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`authorizatiari.
This authorization is only valid for the purpose and design that you described in your above-
mentioned Major Variance Request. 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.
Additional Permits
Please be reminded that you must apply for the appropriate 404 permit from the Corps of
Engineers and a 401 permit from DWQ for the stream impacts at the site prior to any
impacts to the stream or buffers at the subject site.
Mitigation:
Mitigation is not being required at this site due to the fact that Mr. Meyer has owned the
property for several years prior to the effective date of the Neuse Buffer Rule (15A
NCAC 2B.0233) and he is receiving a large amount of stormwater into his stream feature
on his property from upstream development that is not being managed properly.
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-68931Internet: http://h2o.enr.state.nc.us/ncwetlands
No thCarolina
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An Equal OpportunitylAffirmative Action Employer - 50% Recycledl10% Post Consumer Paper
Covert Meyer
Page 2 of 2
March 20, 2008
Hydraulic study
Prior to piping this perennial stream, you are required to submit to DWQ for approval, a
hydraulic study to prove that piping the stream will not cause damage downstream of the
subject site once the piped stream outlets into the impoundment on Birchwood Drive.
4. Stormwater
On March 12, 2008, it was decided by the Water Quality Committee that no new
Stormwater can be discharged into the drainage system that ultimately discharges onto the
subject property.
Certificate of Completion
Upon completion of all work approved within this Buffer Authorization, the applicant is
required to return the attached certificate of completion to the 401 Oversight/Express
Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
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 Neuse River Riparian
Buffer Protection Rules [15A NCAC 2B .0259(9)(c)]. Please call Cyndi Karoly or Amy Chapman at
919-733-1786 if you have any questions or require copies of our rules or procedural materials.
Sincerely,
` ~_
Coleen H. Sullins
Enclosure: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Town of Nashville, Attn: Mr. Preston Mitchell, PO Drawer 987, Nashville, NC 27856
File Copy ,
Central Files
CHS/cbk/asc
File: 072033 CovertMeyer(Nash )Maj_VAR