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HomeMy WebLinkAbout20180282 Ver 1_Approval Letter_20180419�i Water Resources ENVIRONMENTAL QUALITY April 19, 2018 Mr. Bill Wynn Crosswind Development, Inc. 7201 Creedmoor Road, Suite 147 Raleigh, NC 27613 ROY COOPER Ga,,,,,�, MICHAEL S. REGAN LINDA CULPEPPER /.twin, Db'ecror DWR # 18-0282 Franklin County Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0259) WITH ADDITIONAL CONDITIONS Crawford Townes, NC highway 56 (East Green Street), Franklinton, NC Dear Mr. Wynn: You have our approval for the impacts listed below for the purpose described in your application dated February 23, 2018, received by the Division of Water Resources (Division) March 6, 2018. This letter shall serve as your Buffer Impact approval with conditions as authorized in 15A NCAC 02B .0259 This letter only addresses the buffer rules and does not approve any activities within Waters of the United States or Waters of the State. 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 expirefive (5) years from the date of this letter. This approval requires you to follow the following additional conditions: 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(9)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers—Zone 1 B4 — Sewerline Construction 0 (square feet) 3,296 (square feet) B5 —Sewerline Corridor 1,885 (square feet) 0 (square feet) Buffers — Zone 2 81— Vegetated Swale 2,156 (square feet) 0 (square feet) B2 — BMP Berm Impact 0 (square feet) 4,870 (square feet) B3 — BMP Berm Impact 1,672 (square feet) 0 (square feet) B4 —Sewerline Construction 0 (square feet) 1,396 (square feet) B5 — Sewerline Corridor 513 (square feet) 0 (square feet) B6 — Grading 1,114 (square feet) 0 (squarefeet) State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Crawford Townes DWR# 18-0282 BUFFER IMPACT APPROVAL Page 2 of 3 2. Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper designs, installation and operation and maintenance of such Best Management Practices in order to protect surface water standards. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. [15A NCAC 028 .0200] 3. Temporary Stabilization of Buffer Immediately post- construction, bare soils must be stabilized as quickly as possible by providing a temporary ground cover. Newly seeded areas should be protected with mulch and/or erosion matting. This ground cover is a temporary measure used to address erosion until buffer restoration can be accomplished. [15A NCAC 02B.0259 (4) and (5)] 4. 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 Pre -Construction Notification and/or Buffer Authorization application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes or rules occur. [15A NCAC 02H .0501 and .0502] 5. Protective Fencing All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example—orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. Diffuse Flow All stormwater must be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream. [15A NCAC 02H .0506(b)(5)] 7. Before any impacts authorized in this certification occur, a Stormwater Management Plan (SMP) must be approved by the NC Department of Environmental Quality's Division of Energy, Mineral and Land Resources (DEMLR). After it is approved, the SMP may not be modified without prior written authorization from DEMLR. [15A NCAC 02H .0506(b)(5)] 8. 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 Buffer 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 is responsible for complying with all conditions. Crawford Townes DW R# 18-0282 BUFFER IMPACT APPROVAL Page 3 of 3 9. This approval grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours. The Buffer Authorization can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http:/Iwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. 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 B:OOam and S:OOpm, 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: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: 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 the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact Paul Wojoski at 919-807-6364 or Paul.Woioski @ncdenr.gov or me at Karen. Higgins@ncdenr.gov if you have any questions or concerns. Sincerely, ow q Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: Chris Hopper, Carolina Ecosystems (via chris.hopper@carolinaeco.com) Laserfiche DWR 401 & Buffer Permitting Branch file Filename: 180282CrawfordTownesSubd ivision (Franklin )_Buffer_TAR.docx