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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 ~atura!!y 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