HomeMy WebLinkAbout20051622 Ver 2_Approval Letter_20171113Water Resources ~
Environmental Quality
November 13, 2017
Margaret Kugler
3402 Cantata Drive
Greenville, North Carolina 27858
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR # 2005-0622 v2
Pitt County
Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0259) WITH ADDITIONAL CONDITIONS
Cantata Drive Stream Enhancement – streambank repair
Dear Ms. Kugler:
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 September 18, 2017. 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. 0233(8)].
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Plan location/
Reference
Attached
Buffers–Zone 1
B3 (re -grading)
400 (square feet)
930 (square feet)
62 (clear/grubbing)
0 (square feet)
100 (square feet)
Buffers – Zone 2
B2 (pipe installation)
0 (square feet)
600 (square feet)
—'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
2. No Waste, Spoil, Solids, or Fill of Any 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 Buffer Authorization 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].
3. 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 must 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 02B .0233
(6)]
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. 143-215.5)
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.
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
8:00am and 5:00pm, 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:
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 the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B .0233. Please contact Chris Pullinger at 252-948-3922 or
chris.pullinger@ncdenr.gov if you have any questions or concerns.
S'�o
incerelyy,,
J
Robert Tankard, Assi tant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Raleigh Bland, USACE Washington Regulatory Field Office (via e-mail)
Victor Long, City of Greenville (via e-mail: vlong@greenvillenc.aov)
DWR WaRO 401 files
Laserfiche
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z
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
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:
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
I, 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
—� Nothinq 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 '