HomeMy WebLinkAbout20181016 Ver 1_Approval Letter_20180727NORTH CAROLINA
ROY COOPER Environmental Quality
Governar
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
interim Director
July 27, 2018
DWR Project # 2018-1016 (Express)
Craven County
Kenell Development, LLC
ATTN: Mr. Owen Andrews
103 Trent Shores Drive
New Bern, North Carolina 28562
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER PROTECTION RULES
(15A NCAC 026 .0233) WITH ADDITIONAL CONDITIONS
3725 Trent Road Office Complex
Dear Mr. Andrews:
You have our approval for the impacts listed below for the purpose described in your application dated
July 11, 2018 and received by the Division of Water Resources (Division) on July 20, 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 follow the conditions listed in the enclosed certification (s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved, provided that all the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0506(b)(c)]]
North Carolina Department of Environmental Quality IDivision of Water Resources -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Plan
location/
Reference
Attached
Buffers — Zone 1
B1— wet basin outfall
607 (square feet)
0 (square feet)
Sheet 1 of 1
B2 — pipe replacement
59 (square feet)
0 (square feet)
Sheet 1 of 1
Buffers — Zone 2
B1— wet basin outfall
356 (square feet)
0 (square feet)
Sheet 1 of 1
B2 — pipe replacement
158 (square feet)
0 (square feet)
Sheet 1 of 1
B3 — piped ditch with rip rap
922 (square feet)
0 (square feet)
Sheet 1 of 1
B4 — grading/revegetation
0 (square feet)
10,626 (square feet)
Sheet 1 of 1
B5 — silt fence/erosion control
0 (square feet)
1728 (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 15A NCAC 02B .0233(5) or provide treatment via an approved stormwater BMP
meeting the nutrient removal requirements established within 15A NCAC 02B .0233(a)(1)(2). For this
project, diffuse flow can be accomplished through guttering all roof drainages, and directing their
discharge to a point outside the riparian buffer.
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 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 02B.0233 (6)]
North Carolina Department of Environmental Quality IDivision of Water Resources -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481
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. 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 02B .0200 (3)(f)]
6. 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.
7. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5]
The permittee shall report to the Washington Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not
limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B
.0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances. A written submission
shall also be provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case-by-case basis.
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 8:00am 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.
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481
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 the Neuse River Riparian Buffer Rules.
Please contact Chris Pullinger at 252-948-3922 or chris.pullinger@ncdenr.gov if you have any questions
or concerns.
Sincerely,
,��o
Robert Tankard, AssistanDV
naSupervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: Certification of Completion
cc: Billy Standridge, USACE Washin tt� ReguI tory Field Office (via e-mail)
Brad Connell, DCM �`Reglonal Office (via e-mail)
Richard Peed, DEMLR Washington Regional Office (via e-mail)
Kennel Development, LLC (via e-mail: OwenAndrews103@gmailcom)
Bobby Billingsley, PE; Thomas Engineering, PA
(via e-mail: bobbybillingsley@thomasengineeringpa.com>
DWR WaRO 401 files
Laserfiche
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481
3725 TRENT ROAD OFFICE COMPLEX
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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
NORTH CAROLINA
Environmental Quality
County:
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
r+cflni caaa�,nD � Q��
North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 27889
252.946.6481