HomeMy WebLinkAbout20180131 Ver 1_Approval Letter_20180215Water Resources
Environmental Quality
February 15, 2018
Edwin O. and Carolyn C. Danford
3230 Union School Road
Clinton North Carolina 28328
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DW R # 18-0131
Beaufort County
Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0259) WITH ADDITIONAL CONDITIONS
Danford — new home, deck and steps
Dear Mr. and Mrs. Danford:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) on January 25, 2018. 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
Plan location/
(units)
(units)
Reference
Permanent
Temporary
Attached
Buffers —Zone 2
B1
170 (square feet)
0 (square feet)
Sheet 1 of 1
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 14A NCAC 02B .0258(5) or provide treatment via an approved stormwater BMP
meeting the nutrient removal requirements established within 15A NCAC 02B .0257(a)(1)(2).
"'Nothing Compares':..
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481
Varney -1411 E. Wright St.
DWR# 2017-1624
BUFFER APPROVAL
Page 2 of 3
3. No Waste, Spoil. Solids, or Fill of Anv Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Application. All forestry operations activities shall be
performed so that no violations of state water quality standards, statutes, or rules occur [15A NCAC
02H .0502 and .0502].
4. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this
project in an "in kind" manner immediately following construction. (Example: Disturbed areas with
pre-existing grassed lawns can be replanted with grass. Disturbed areas with pre-existing trees or
woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-
existing forest vegetation must be replanted with forest vegetation including at least two different
native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This
density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing)
trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent
planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will
need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A
NCAC 02H .0507 (c), 15A NCAC 02H.0506 (b)(3), and 15A NCAC 026 .0259 (6)]
S. This approval is forthe 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. During construction of the proposed project, fueling, lubrication and general equipment maintenance
should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and
oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 026 .0200 (3)(f)]
7. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, or any subsequent modifications, the applicant is required to return the attached certificate of
completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service
Center, Raleigh NC 27699-1617.
8. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5]
These Certifications 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.
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 S:OOpm, excluding
official state holidays).
Varney -1411 E. Wright St.
D W RN 2017-1624
BUFFER APPROVAL
Page 3 of 3
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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Rules. Please
contact Chris Pullinger at 252-948-3922 or chris.nullinger(ancdenr gov if you have any questions or
concerns.
Sincerely, 7
G�-��
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: Certification of Completion
cc: Gary Beecher, USACE Washington Regulatory Field Office (via e-mail)
Edwin O. and Carolyn C. Danford (via e-mail: carodan4dPaol.com)
Jimmie Whichard (via e-mail: homeonoiling(mgmail com)
DWR WaRO401 files
Laserfiche
REG`t.N� s:ING4':idRlptNR
FEB 2 2018
dQgional
•t:atar,w.u4;;*�i to
10Ki5 `
Gp ra1 yK� ana; •� `''ice
VJaehin,ton
i
WETLANDBUFFER - -
APPROVED
NORTH CAROLINA ENVIRONMENTAL
MANAGEMENT COMMISSION
DIVISION OF WATER RESOURCES
DATE FAV t 1 '.201%
DWR Pertnit R Y -�
i .
Water Resources
Environmental Quality
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland
County:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit,
North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
1, hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans
and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and /or Buffer Rules, the approved plans
and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
1, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due
care and diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Registration No.
Date
State of North Carolina I Enviroomental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481