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Home My WebLink About20160084 Ver 2_Approval Letter_20161017Water Resources ENVIRONMENTAL OVALITY 17 October 2016 Mr. Frank Binkiewicz 1317 Hillshire Meadow Drive Matthews, NC 28105 PAT MCCRORY DONALD R. VAN DER VAART Subject Property: 6028 Headlands Court, Reflection Point, Lake Wylie e<•�,'�•Irry S. JAY ZIMMERMAN A"'Inr DWR# 16-0084V2 Gaston County AUTHORIZATION of Catawba River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B .0243(9)(c)] with ADDITIONAL CONDITIONS Dear Mr. Binkiewicz, You have our authorization, in accordance with the conditions listed below, to permanently impact 695 square feet (ft') of Zone 2 of the protected buffers at the subject property as described within your variance request dated October 5, 2016, received by the Division of Water Resources (DWR) on October 7, 2016. This letter shall act as your Minor Variance authorization. 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 authorization. This authorization is only valid for the purpose and design that you described in your Minor Variance Request dated January 17, 2016. 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. 1. No impacts (except for "exempt' uses as identified within 15A NCAC 2B .022) shall occur to Zone 1 and Zone 2 of the protected riparian buffer. 2. The 50 ft. buffer shall be properly surveyed and recorded on the property plat with a copy submitted to DWR. 3. Mitigation: Compensatory Mitigation Using the Division of Mitigation Services (DMS) must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the NC DMS. This has been determined by the DWR to be a suitable method to meet the mitigation requirement. Until the DMS receives and clears your check, no impacts specified in this Authorization shall occur. The DMS should be contacted if you have any questions concerning payment into a restoration fund. You have one month from the date of this authorization to make this payment. For accounting purposes, this Authorization authorizes payment into the Buffer Restoration Fund to meet the following compensatory mitigation requirement: Slate of North Carolina I Envaronmenml Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Officel 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 704 663 1699 Compensatory Reference Mitigation Required Mitigation Zone 1 Buffers na (square feet na Na (square feet Zone 2 Buffers 695 (square feet) Catawba (03050101) 1,042.5(square feet) 4. Stormwater runoff from your site shall not be piped/diverted as concentrated flow through the riparian buffer zone. The lot should be graded such that water is released through sheet flow through the buffer. [15A NCAC 02B .0243(5)] 5. The area located below the cantilever portions of your residence shall remain impervious. [15A NCAC 02B.0243] 6. The Division's Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville, NC 28115) shall be notified in writing once construction at the approved impact areas has commenced. [15A NCAC 02H .0502 (e)] 7. Beaches, impervious patios, impervious walkways, etc. are not allowed in the buffer unless specifically approved by the Division and must meet the Catawba Riparian Buffer Rule requirements. [15A NCAC 02B .0243(4) and (6)] 8. All staging, including spoil, stockpile and construction materials, shall occur outside of the buffer. [15A NCAC 02B .0243(4)] 9. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 and Buffer Permitting Unit within ten days of project completion. (available at: http://portal.nedenr.or web/wq/swp/ws/401/certsandpermits/apply/forms) or see attached. [15A NCAC 02H.0507 (c) and 15A NCAC 02B .0243(8)] 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 Catawba River Riparian Buffer Protection Rules [15A NCAC 2B .0243]. Please call Alan Johnson 704-663-1699 or Jennifer Burdett at 919-807-6364 if you have any questions or require copies of our rules or procedural materials. Sincerely, W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Cc: Jennifer Burdett, Central Office Kelly Williams, Division of Mitigation Services, email File Copy 16-0084V2 NORTH CAROLINA-DIVISON OF WATER RESOURCES 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2B.0243, the Frank Binkiewicz , Inc. has permission as outlined below to impact 695 square feet of Catawba Riparian Buffer in order to proceed with the construction of the residence in Gaston County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached certification. COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS) LOCATION: COUNTY: BASIN/SUBBASI N Impacts: 695 sq. ft. of buffer, Zone 2 6028 Headlands Court Gaston Catawba (03050101) As required by 15A NCAC 2H .0506, and the conditions of this authorization, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r .0503(b). Mitigation: 695 sq. ft. of buffer required Mitigation: 1,043 sq. ft. of buffer mitigation is required for the Catawba Buffer Authorization. In correspondence dated October 6, 2016, DMS has accepted your mitigation request for this project if available within the cataloging unit. More may be required if mitigation is required outside the unit. One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP. Signature Date ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES 1652 Mail Service Center RALEIGH, N.C. 27669-1652