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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 BUFFER DISTURBANCE SITE INDEX SHEET pR• M. L IK NG JR1gLVD ,r 3 NCGS'P2,.- N+130,890.1/6 M EO8328.35/M RN'I �. NAD 83 R� - RNV RNV RM/ RM � RNV R/W � f� RPN .M, R/W RNV RNV RN✓ SMIIIIIIIIIII, RW � RM \ _ --------------------- F Ir-------------------- ~ -- _ TRENT ROAD _ NCGS -DAYS' kp N=150.583.281 M \ ' ` 6�' R/W (PUBLIC) E+779.881.073 M W !� _ NA08J \\ \\----- w-- ....-------- —� 01 OH E --15' • 2 11 20 1917E 16 15 1 f1. OfiE 43 42 01 80 38 37 35 35 3' 3J 32 p 28 27 25 25 \ 21 \\\ \ \ u c 1 a m S3725 UITE&\\T33725 3725 3725 3725E SUITE SUITESUITE SUITESy. PROPOSED ONE STORY BRICK \ as' UCCO BUILDING 8,000 SF 18,00SFTOTAL `I\ FFE = 13.25 10,000 SF \ S WAREHOUSE FLEX SPACE \ = s SPACE \ ,Y� \ al \ \\ NS�Y BRIGM4 \ N \\\\ Z \ N O,�E,,,J vBU1�1i� O /7 8 a9 97 5t 62 5J 51 55 S] 58 5b 8f 82 sJ / ss SG s7 se e9 70 71 \ \ \ n < TRUCK PARKING D. BY USE CHANGE \ \ W y q 78 80 81 82 83 g'I85 eII BB Se 80 9f p2 83 5i9B 81 eB 89 f00if0 toa \ \ PN / .. \ -A om \•- \� W JAMES 8 ES ER CANNON \(7\ _ OB 2573. PG. 526 A O LOT 1 ANDREW 8 DES6b1E HEIS I Z DB 3501, PG. 1770 \ CYPRE$�$� ES SECTION VI LOT2 W! LAC.':. D R-15 CYPRESS SHORES SECTIONVI ` \ ZONED R-15 \\\JAM03379. C.250 YLAKE ZONEDR-15 �SLOT13 CYPRESS SHORES SECTION 5 PC. D, SL. /81 ZONED R-15 Lei) RONALD HELEN WAKE 082112 PG. 1016 LOT 12 CYPRESS SHORESSEC 5 P.C. D, SL. /81 ZONED R-15 APPROVED IA"GEMENT COMMISSION OMSION OF WARM RESOURCE$ DWR U � Know what's below. o cn Call before you dig. T r F'11fH21' 9EPM \\ STORMWAT \ MAIN POND \ / DULCIE J. DAMS DB 2050. PG. 211 LOT 1 f CYPRESS SHORES SECTIONS P.C.D,SL.481 ZONED R45 GREGORYL COCKSEY DB 3183, PG. 261 LOT 10 CYPRESS SNORES SEC TK3H 5 P. C. D. SL. IW ZONEOR-15 PIPED DITCH W/ RIP RAP SITE "BY PIPE REMOVE & REPLACEMENT SITE 'B2" {: s U. RICHARD Do M PEELER DB 22LO I 810 OTf PEELER $U L. &LE N PD N SL BPE ZONED C3 WF UNKNOWN OWNER NO DEED REFERENCE ZONED C.3 WET BASIN OUTFALL PIPE W/ RIP RAP SITE 'B1 " GRAPHIC SCALE 80 40 0 80 —�-- I OHE--j I (D I Y w NF LLC U I DB 3339, PG. ]S! 3330, L _ LO PEELER Sl1BDIVI510N PC. H, SL. SPE lO ZONED C3 \\ STORMWAT \ MAIN POND \ / DULCIE J. DAMS DB 2050. PG. 211 LOT 1 f CYPRESS SHORES SECTIONS P.C.D,SL.481 ZONED R45 GREGORYL COCKSEY DB 3183, PG. 261 LOT 10 CYPRESS SNORES SEC TK3H 5 P. C. D. SL. IW ZONEOR-15 PIPED DITCH W/ RIP RAP SITE "BY PIPE REMOVE & REPLACEMENT SITE 'B2" {: s U. RICHARD Do M PEELER DB 22LO I 810 OTf PEELER $U L. &LE N PD N SL BPE ZONED C3 WF UNKNOWN OWNER NO DEED REFERENCE ZONED C.3 WET BASIN OUTFALL PIPE W/ RIP RAP SITE 'B1 " GRAPHIC SCALE 80 40 0 80 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