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HomeMy WebLinkAboutKeith Hinnant Property - NOV ResponseFrom: Bobby Billingsley To: Scarbrauah, Anthony Cc: Tankard. Robert; "Teresa Kincaid" Subject: [External] Keith Hinnant Property - NOV Response Package Date: Monday, February 4, 2019 10:46:26 AM Attachments: 2019-02-04-Hinnant-NOVResponse. pdf 2019 01 28 HinnantEC&Reforest Ori.i�pdf HinnantDeed 3381-368.odf HinnantMap CabH Slide23.pdf Hinnant OUAD.odf Hinnant Soil Map2.pdf SSprinal-akeStreamClass. odf 2019 01 04 riparian buffer notice of violation.pdf • rnal email. Do not click linksr open attachments unless ou verify. Send all sus attachment to repo rt.spamPnc.gov A Anthony attached are electronic copies of all the response documents for this. I am sending the hard copies out to you in today's mail. Let me know if you have questions or need anything else at this time. Thanks, Bobby Billingsley, PE BobbyBi I I i ngsleyCcDThomasEngi neeri ngPA.com Thomas EngineeringPA.com OMAS est 1983 MW ENGINEERING, EE II G, PA Phs. Address: 1316-B Commerce Drive Q-] Virus -free. www.avg.com New Bern, NC 28562 Mail Address: PO Box 1309 New Bern, NC 28563 Office : 252.637.2727 Mobile: 252.671.2408 Fax: 252.636.2448 Q-] Virus -free. www.avg.com THOMAS ENGINEERING, PA est 1983 civil engineering@ land surveying.project management US MAIL & EMAILED To: NC Division of Environmental Quality Division of Water Resources 943 Washington Square Mall Washington, NC 27889 Attn: Anthony Scarbraugh Environmental Senior Specialist Re: Keith Hinnant Properties — 106 and 108 Point Shore Drive Notice of Violation Written Response Reference NOV-2018-PC-0141 Wayne County, North Carolina 2019-002 Dear Anthony, February 4, 2019 As required, this letter is to provide written response to the Notice of Violation as received by Dr. Keith Hinnant, on January 7, 2019, for the above referenced project. I will respond to each item as requested in the January 4, 2019 Notice of Violation below and in BLUE: 1. Please explain when construction (excavation, grubbing, and clearing) began at the site. Clearing and grubbing was conducted in November/December 2018. 2. A map of the restoration site. (This would be a plat of the property indicating the total area of buffer and subsequent restoration areas delineated). Restoration plans outlining disturbed areas are included with this response. 3. Please submit the following documents for review and approval. a. Riparian Buffer Restoration Plan is required to address the cutting and removal of the buffer vegetation as described above. This planting plan must be developed such that at least two native tree species are to be planted at a density 260 trees/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 through March 30)). Note, if the tree planting do not survive, they will need to be replaced such that the density is sufficient to provide 1316-B Commerce Drive Road.P.0. Box 1309.New Bern, NC 28563 Phone: (252)637-2727.Fax: (252)636-2448.Website: ThomasEngineeringPA.com THOMAS ENGINEERING, PA est 1983 civil engineering@ land surveying.project management 320 trees per acre at maturity. [15A NCAC 02H.0507 ©, 15A NCAC 02H.0506 (b)(3), and 15A NCAC 02B .0233 Restoration plans outlining disturbed areas and reforestation plans and revegetation plans are enclosed. Note that reforestation is proposed in Zone 1, and grading and revegetation is proposed in Zone 2. Additionally, note that the minor swale running down the drainage easement is to be graded out as flat towards the end and prior to entry into Spring Lake. b. Specifications for physical and biological monitoring will be required for Buffer Restoration Areas for 5 five years (5 years of monitoring with a written report provided to the Regional Office by June 1 of each year). Monitoring, replanting, and reporting specified in plan notes 3 and 4 on sheet 4 of the restoration plan documents. c. Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished. It is the expectation of this office that the riparian buffer impacts are abated no later than March 15, 2019. Please tailor your response and schedule to achieve compliance by this date. Assume Restoration Plan commenting and approval by DWR on or before by February 28th, 2019. Restoration completed by Dr. Hinnant between March 1 and March 15, 2019. DWR inspection as soon as complete or otherwise as can be scheduled. Monitoring commences on or before March 16th 2019 and extends through June 1St 2024. Vegetation inspected every 6 months with any trees that die off being replaced. 4. Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. Dr. Hinnant was not aware that there were protected buffers on his property and surrounding the lake, especially considering that neighboring properties have cleared and are now maintain to the lake's edge. However, he is now aware that there are environmentally protected areas that must be accounted for. On this project, he now knows where these areas are and will maintain them accordingly. No future projects are under consideration at this time, however, if any future projects involve areas in question, he will pursue environmental consultation prior to disturbance. 1316-B Commerce Drive Road.P.0. Box 1309.New Bern, NC 28563 Phone: (252)637-2727.Fax: (252)636-2448.Website: ThomasEngineeringPA.com THOMAS ENGINEERING, PA est 1983 civil engineering@ land surveying.project management Attached are two (2) original copies of the restoration plan along with miscellaneous attachments. Please review the restoration plan and let me know if you have any questions, concerns, or require additional information. Once the plans area approved, Dr. Hinnant will commence restoration activities, followed by inspection and monitoring. Thank you, 6R�y @ Bobby Billingsley, PE BobbyBillingsley@ThomasEngineeringPA.com Enclosures cc: Dr. Keith Hinnant, w/ encl. (c/o Teresa Kincaid) Robert Tankard, w/ encl. 1316-B Commerce Drive Road.P.0. Box 1309.New Bern, NC 28563 Phone: (252)637-2727.Fax: (252)636-2448.Website: ThomasEngineeringPA.com GENERAL NOTES 1. BOUNDARY INFORMATION IS AS PROVIDED ON THE MAP ENTITLED 'AREA C SECTION FOUR - WALNUT CREEK ESTATES", DATED APRIL 20, 1981, A. E. LITTLE, PLS (L-672), AND RECORDED IN PLAT CABINET H, SLIDE 23 OF THE WA ME COUNTY REGISTRY. 2. TOPOGRAPHIC INFORMATION AS PROVIDED IS BY THE ENGINEER. 3. SITE ADDRESS IS 106 POINT SHORE DRIVE (LOT 5) AND 108 POINT SHORE DRIVE (LOT 6). 4. DEED REFERENCE: DB 3381, PG 368. 5. ALL DISTANCES ARE HORIZONTAL GROUND MEASUREMENTS, NO GRID FACTORS APPLIED. 6. THIS PLAT DOES NOT CREATE A SUBDIVISION OF LAND AND IS A SURVEY OF AN EXISTING PARCEL OF LAND. 7. ADJACENT PROPERTY LINES ARE CONCEPTUAL IN NATURE AND NOT SURVEYED LINES. 8. ELEVATIONS ARE BASED ON ASSUMED ELEVATIONS. 9. SITE TEMPORARY BENCHMARK (TBM) IS A MAGNETIC NAIL IN POINT SHORE DRIVE WITH ELEVATION 500.00'AS SHOWN. 10. EXISTING CONTOUR INTERVALS SHOWN ARE AT ONE FOOT. 11. THIS SITE CONTAINS NO KNOWN 404 WETLANDS. 12. BLUE -LINE STREAM BUFFERS AREAS SHOWN. 13. THIS SITE SCALES WITHIN THE 100 YEAR FLOOD HAZARD AREA 'AE"AS SHOWN ON FLOOD INSURANCE RATE MAP _# 3720353700K, DATED JUNE 20, 2018, AND AS ESTABLISHED BY FEMA. THIS REPORT IN NO WAY SUPERCEDES THE ABOVE MENTIONED FIRM. Know what's below. Call before you d L=148.73' N69°14'06"E 146.99'(CHD.)— rsujM �R- =280.00' IsEo �//TSHO �` D i l El L=122.48' R=280.00'—�� E S83° _-- _0154'= N/F JAMES J. LAUGHLIN DB 1414, PG 638 110 POINT SHORE DR. N/F I I LOT.7 CHARLES D. BLACKSHEAR DB 581, PG 345 104 POINT SHORE DR. o° I o / LOT 4 �� � C)AdA I Z IIw I f O /P KEITH HINNANT I 108 POINT SHORE DR. LOT LUI 69,752 SF _ KEITH HINNANT I Ul 1.60 AC ° Ell P 106 POINT SHORE DR. I Z I 000, LOT5 58,817 SF 1.35 AC I NI EIP / � 33A M o o N81-28'1,3 I z I //// 260.7>' ZOI/E2R "W /PARIAIV,q FER— I GRAPHIC SCALE (20) zO_ I �/ �y � �E�1 �RIP�gRIAN \ I 60 30 0 60 B -L� (30'l IP (11"X 1T) EXISTING SILT FENCE TO REMAIN FINAL DRAWINGS SPRING LAKE Released for permits only, not ti t o released r construction. f j 1 F(,FAin COPYRIGHT© 2019 BY THOMAS ENGINEERING P.A. DRAWING INDEX SHEET NAME 1 COVER & EXISTING SITE 2 EC & RESTORATION PLAN 3 EROSION CONTROL DETAILS 4 BUFFER RESTORATION DETAILS. GENERAL NOTES 1. BOUNDARY INFORMATION IS AS PROVIDED ON THE MAP ENTITLED 'AREA C SECTION FOUR - WALNUT CREEK ESTATES", DATED APRIL 20, 1981, A. E. LITTLE, PLS (L-672), AND RECORDED IN PLAT CABINET H, SLIDE 23 OF THE WA ME COUNTY REGISTRY. 2. TOPOGRAPHIC INFORMATION AS PROVIDED IS BY THE ENGINEER. 3. SITE ADDRESS IS 106 POINT SHORE DRIVE (LOT 5) AND 108 POINT SHORE DRIVE (LOT 6). 4. DEED REFERENCE: DB 3381, PG 368. 5. ALL DISTANCES ARE HORIZONTAL GROUND MEASUREMENTS, NO GRID FACTORS APPLIED. 6. THIS PLAT DOES NOT CREATE A SUBDIVISION OF LAND AND IS A SURVEY OF AN EXISTING PARCEL OF LAND. 7. ADJACENT PROPERTY LINES ARE CONCEPTUAL IN NATURE AND NOT SURVEYED LINES. 8. ELEVATIONS ARE BASED ON ASSUMED ELEVATIONS. 9. SITE TEMPORARY BENCHMARK (TBM) IS A MAGNETIC NAIL IN POINT SHORE DRIVE WITH ELEVATION 500.00'AS SHOWN. 10. EXISTING CONTOUR INTERVALS SHOWN ARE AT ONE FOOT. 11. THIS SITE CONTAINS NO KNOWN 404 WETLANDS. 12. BLUE -LINE STREAM BUFFERS AREAS SHOWN. 13. THIS SITE SCALES WITHIN THE 100 YEAR FLOOD HAZARD AREA 'AE"AS SHOWN ON FLOOD INSURANCE RATE MAP _# 3720353700K, DATED JUNE 20, 2018, AND AS ESTABLISHED BY FEMA. THIS REPORT IN NO WAY SUPERCEDES THE ABOVE MENTIONED FIRM. Know what's below. Call before you d L=148.73' N69°14'06"E 146.99'(CHD.)— rsujM �R- =280.00' IsEo �//TSHO �` D i l El L=122.48' R=280.00'—�� E S83° _-- _0154'= N/F JAMES J. LAUGHLIN DB 1414, PG 638 110 POINT SHORE DR. N/F I I LOT.7 CHARLES D. BLACKSHEAR DB 581, PG 345 104 POINT SHORE DR. o° I o / LOT 4 �� � C)AdA I Z IIw I f O /P KEITH HINNANT I 108 POINT SHORE DR. LOT LUI 69,752 SF _ KEITH HINNANT I Ul 1.60 AC ° Ell P 106 POINT SHORE DR. I Z I 000, LOT5 58,817 SF 1.35 AC I NI EIP / � 33A M o o N81-28'1,3 I z I //// 260.7>' ZOI/E2R "W /PARIAIV,q FER— I GRAPHIC SCALE (20) zO_ I �/ �y � �E�1 �RIP�gRIAN \ I 60 30 0 60 B -L� (30'l IP (11"X 1T) EXISTING SILT FENCE TO REMAIN FINAL DRAWINGS SPRING LAKE Released for permits only, not ti t o released r construction. f j 1 F(,FAin COPYRIGHT© 2019 BY THOMAS ENGINEERING P.A. ALL RIGHTS RESERVED. THESE DRAWINGS ARE - BOUNDARY LINES TEMP. CONSTRUCTION ENTRANCE INSTRUMENTS OF SERVICE AND AS SUCH REMAIN THE PROPERTY OF THOMAS ENGINEERING P.A. _ _ _ _ ROADWAY TEMPORARY SILT FENCE NEITHER THIS DOCUMENT NOR ANY PART OF THIS ® TEMPORARY COIR FIBER WATTLE DOCUMENT MAYBE REUSED, REPRODUCED OR RIPARIAN BUFFERS TRANSMITTED IN ANY FORM OR BY ANY MEANS, Lo - LIMITS OF DISTURBANCE ELECTRONIC OR MECHANICAL INCLUDING BUT NOT — -##' - — EXISTING CONTOURS RIPARIAN BUFFER LIMITED TO PHOTOCOPYING, MICROFILMING AND D RESTORATION AREAS RECORDING, OR BYANY INFORMATION STORAGE - PROPOSED CONTOURS AND RETRIEVAL SYSTEM, WITHOUT PERMISSION IN —## — EXISTING LAKE EDGE WRITING FROM THOMAS ENGINEERING P.A. EXISTING STORM DRAIN EXISTING CLEARED EDGE 't`tllllA OCur j �r o oh &S,ro EALM 1� 10147V . r .. r t � rrr�r0 , ♦��� prhtti�tt4�0 ��►ti� dti !!! fill 1 iT vO 1~ti L 00 Ei k6N U orn Z � ko k 151 Ln o m 00 N i 3 U y Q ZZ S: LL W L, � ioo QN N W p M v N �0 3N o M 3 U k u �m O ^O a COVER & EXISTING SITE SEDIMENTATION & EROSION CONTROL AND BUFFER RESTORATION PLANS FOR 106 & 108 POINTE SHORE DR. NEW HOPE TOWNSHIP WAYNE COUNTY NORTH CAROLINA OWNER & DEVELOPER DR. KEITH HINNANT 116 TWIN OAKS PLACE GOLDSBORO, NC 287530-8867 SCALE. I,,: 60' DATE: 0112412019 PROJECT #: 2019 002 SHEET: 1 of 4 GENERAL NOTES 1. BOUNDARY INFORMATION IS AS PROVIDED ON THE MAP ENTITLED 'AREA C SECTION FOUR - WALNUT CREEK ESTATES", DATED APRIL 20, 1981, A. E. LITTLE, PLS (L-672), AND RECORDED IN PLAT CABINET H, SLIDE 23 OF THE WA ME COUNTY REGISTRY. 2. TOPOGRAPHIC INFORMATION AS PROVIDED IS BY THE ENGINEER. 3. SITE ADDRESS IS 106 POINT SHORE DRIVE (LOT 5) AND 108 POINT SHORE DRIVE (LOT 6). 4. DEED REFERENCE: DB 3381, PG 368. 5. ALL DISTANCES ARE HORIZONTAL GROUND MEASUREMENTS, NO GRID FACTORS APPLIED. 6. THIS PLAT DOES NOT CREATE A SUBDIVISION OF LAND AND IS A SURVEY OF AN EXISTING PARCEL OF LAND. 7. ADJACENT PROPERTY LINES ARE CONCEPTUAL IN NATURE AND NOT SURVEYED LINES. 8. ELEVATIONS ARE BASED ON ASSUMED ELEVATIONS. 9. SITE TEMPORARY BENCHMARK (TBM) IS A MAGNETIC NAIL IN POINT SHORE DRIVE WITH ELEVATION 500.00'AS SHOWN. 10. EXISTING CONTOUR INTERVALS SHOWN ARE AT ONE FOOT. 11. THIS SITE CONTAINS NO KNOWN 404 WETLANDS. 12. BLUE -LINE STREAM BUFFERS AREAS SHOWN. 13. THIS SITE SCALES WITHIN THE 100 YEAR FLOOD HAZARD AREA 'AE" AS SHOWN ON FLOOD INSURANCE RATE MAP _# 3720353700K, DATED JUNE 20, 2018, AND AS ESTABLISHED BY FEMA. THIS REPORT IN NO WAY SUPERCEDES THE ABOVE MENTIONED FIRM. FINAL DRA WINGS Released for permits only, not released for construction. N/F CHARLES D. BLACKSHEAR DB 581, PG 345 104 POINT SHORE DR. LOT4 RE -OPEN DRAINAGE I 1 96 / SWALE 1 + 497.2' N \ + 496.4\\' 1 I + 497.0' + 497.4' } 496.5 + 496.6' �� _----\ \\ �N pQ \>+ 497.7' 49 + 496.7' ��- KEITH HINNANT \ 497.V ss, \ \ 108 POINT SHORE DR. + 496,9' yZ \k\ + 496.6' LOT 6 496.1' 96.5'495. 496.7'1 69, 752 SF + 496.7 \ �. Q � KEITH HINNANT I 1.60 AC \\ \\\ \ 7.3'I p 106 POINT SHORE DR. I I�¢ I * 496.5' + 496.5' �, 495.,9' \ I\ Q LOTS �967,' }ass.+ass.r/\_/497.r-p �C/ 58,817 SF/ +497._ ---- I I 'C') 1.35 AC 496.6' i\ H8/, 49 \7.+ 497.4 + 496.4' 95 + 495 496.9' I j- T-----�496.0' + 496. + 496.7' 496.3 +496.3' ---_ + 496.6' > 495 f j = 4/ - - + 496.6'\ \ + 496.7' + 496.2 - - + 496.4' / / ' 6.0' 1i I J 496.0' + 496.4' -\\/ 49 496.6' + 496.7' } 494.8' / + 495.6 i 0 6 i \ 495.9' I + 496.0' \\ + 497.0' +_ 496. y 69y0 + 495.9' + 496.1' 496.0' I t 496.2' I 496.0' 0 -o TBM = 500.00' SSUMEDXj 4-- 498.0' + 498.9' * 498.5' TEMPORARY CONSTRUCTION DRAWING INDEX SHEET NAME 1 COVER & EXISTING SITE 2 EC & RESTORATION PLAN 3 EROSION CONTROL DETAILS 4 BUFFER RESTORATION DETAILS. GENERAL NOTES 1. BOUNDARY INFORMATION IS AS PROVIDED ON THE MAP ENTITLED 'AREA C SECTION FOUR - WALNUT CREEK ESTATES", DATED APRIL 20, 1981, A. E. LITTLE, PLS (L-672), AND RECORDED IN PLAT CABINET H, SLIDE 23 OF THE WA ME COUNTY REGISTRY. 2. TOPOGRAPHIC INFORMATION AS PROVIDED IS BY THE ENGINEER. 3. SITE ADDRESS IS 106 POINT SHORE DRIVE (LOT 5) AND 108 POINT SHORE DRIVE (LOT 6). 4. DEED REFERENCE: DB 3381, PG 368. 5. ALL DISTANCES ARE HORIZONTAL GROUND MEASUREMENTS, NO GRID FACTORS APPLIED. 6. THIS PLAT DOES NOT CREATE A SUBDIVISION OF LAND AND IS A SURVEY OF AN EXISTING PARCEL OF LAND. 7. ADJACENT PROPERTY LINES ARE CONCEPTUAL IN NATURE AND NOT SURVEYED LINES. 8. ELEVATIONS ARE BASED ON ASSUMED ELEVATIONS. 9. SITE TEMPORARY BENCHMARK (TBM) IS A MAGNETIC NAIL IN POINT SHORE DRIVE WITH ELEVATION 500.00'AS SHOWN. 10. EXISTING CONTOUR INTERVALS SHOWN ARE AT ONE FOOT. 11. THIS SITE CONTAINS NO KNOWN 404 WETLANDS. 12. BLUE -LINE STREAM BUFFERS AREAS SHOWN. 13. THIS SITE SCALES WITHIN THE 100 YEAR FLOOD HAZARD AREA 'AE" AS SHOWN ON FLOOD INSURANCE RATE MAP _# 3720353700K, DATED JUNE 20, 2018, AND AS ESTABLISHED BY FEMA. THIS REPORT IN NO WAY SUPERCEDES THE ABOVE MENTIONED FIRM. FINAL DRA WINGS Released for permits only, not released for construction. N/F CHARLES D. BLACKSHEAR DB 581, PG 345 104 POINT SHORE DR. LOT4 RE -OPEN DRAINAGE I 1 96 / SWALE 1 + 497.2' N \ + 496.4\\' 1 I + 497.0' + 497.4' } 496.5 + 496.6' �� _----\ \\ �N pQ \>+ 497.7' 49 + 496.7' ��- KEITH HINNANT \ 497.V ss, \ \ 108 POINT SHORE DR. + 496,9' yZ \k\ + 496.6' LOT 6 496.1' 96.5'495. 496.7'1 69, 752 SF + 496.7 \ �. Q � KEITH HINNANT I 1.60 AC \\ \\\ \ 7.3'I p 106 POINT SHORE DR. I I�¢ I * 496.5' + 496.5' �, 495.,9' \ I\ Q LOTS �967,' }ass.+ass.r/\_/497.r-p �C/ 58,817 SF/ +497._ ---- I I 'C') 1.35 AC 496.6' i\ H8/, 49 \7.+ 497.4 + 496.4' 95 + 495 496.9' I j- T-----�496.0' + 496. + 496.7' 496.3 +496.3' ---_ + 496.6' > 495 f j = 4/ - - + 496.6'\ \ + 496.7' + 496.2 - - + 496.4' / / ' 6.0' 1i I J 496.0' + 496.4' -\\/ 49 496.6' + 496.7' } 494.8' / + 495.6 i 0 6 i \ 495.9' I + 496.0' \\ + 497.0' +_ 496. y 69y0 + 495.9' + 496.1' 496.0' I t 496.2' I 496.0' 0 -o TBM = 500.00' SSUMEDXj 4-- 498.0' + 498.9' * 498.5' TEMPORARY CONSTRUCTION 496.0' 496.0 / I' / t 496.1' I I + 496.8' - 495.3' + 495.7' \ 1496.2' \ \ i �" 496.1' 494.6' /A \� } 496.2' 66 / 495.4' ZONE 2 BUFFER AREA TO GRADE GENTLY o + \6T GRADE FLAT a9y" 494.6' SLOPING & HEAVILY SEED & MULCH 495.5' .6' ZONE 8, 653 SF ± E + 494 2R/PgR1gNBUFF EI�(20) 495.5' 495.7' ZONE 1 BUFFER AREA FOR REFORESTATION - \ \ /ZONE 1 RIPg/RIA //V B/UPPER \ 495 0 - 495.7' - 495.5' 4945' 13,221 SF ± (133 TREES @ 10'X 10' GRID) / 307 + 495.4' - \ - _� , / REFER TO SHEET 4 FOR DETAILS. EXISTING SILT FENCE TO REMAIN � GRAPHIC SCALE SPRING LAKE Know what's below. 60 30 0 60 Call before you dig. (11 "X IT) - BOUNDARY LINES +r4�l.s' ENTRANCE (DET. SHEET 3) - ROADWAY 4 ® 497.6' / �� � 498.0' -EXISTING CONTOURS 497.5'-' DRIPARIAN RESTORATION AREAS /} 497.3' \ \ i , o / + 497.4' /\ / + W6.7' N/F // \ / PROPOSED TEMPORARY�\\ 1 / . / } 496.8'\ \\ + 497.8• JAMES J. LAUGHLIN l WATTLES (DET. SHEET 3) / \ 4,97.5' l I \ \ DB 1414, PG 638 PROPOSED ADDITIONAL SILT\\ \\G 110 POINT SHORE DR. FENCE (DET. SHEET 3) \ � \ LOT 7 419 4973' / \ 1 b I I I + 497.3' \ +-0 N \ \+ 497.6' ior496.5' I + 497.2, / .ri 6.2'\ �) / / \ + 497.1' + 496.7' + 496.6' I I I 11 + 497.4' � / / O� , \4966' 496.0' 496.0 / I' / t 496.1' I I + 496.8' - 495.3' + 495.7' \ 1496.2' \ \ i �" 496.1' 494.6' /A \� } 496.2' 66 / 495.4' ZONE 2 BUFFER AREA TO GRADE GENTLY o + \6T GRADE FLAT a9y" 494.6' SLOPING & HEAVILY SEED & MULCH 495.5' .6' ZONE 8, 653 SF ± E + 494 2R/PgR1gNBUFF EI�(20) 495.5' 495.7' ZONE 1 BUFFER AREA FOR REFORESTATION - \ \ /ZONE 1 RIPg/RIA //V B/UPPER \ 495 0 - 495.7' - 495.5' 4945' 13,221 SF ± (133 TREES @ 10'X 10' GRID) / 307 + 495.4' - \ - _� , / REFER TO SHEET 4 FOR DETAILS. EXISTING SILT FENCE TO REMAIN � GRAPHIC SCALE SPRING LAKE Know what's below. 60 30 0 60 Call before you dig. (11 "X IT) - - PROPOSED CONTOURS - EXISTING STORM DRAIN Fr, rMn A� - BOUNDARY LINES - - - - ROADWAY 4 ® - RIPARIAN BUFFERS Lo -EXISTING CONTOURS - - PROPOSED CONTOURS - EXISTING STORM DRAIN Fr, rMn A� TEMP. CONSTRUCTION ENTRANCE o o TEMPORARY SILT FENCE ® TEMPORARY COIR FIBER WATTLE Lo LIMITS OF DISTURBANCE BUFFER DRIPARIAN RESTORATION AREAS EXISTING LAKE EDGE EXISTING CLEARED EDGE L 00 koN U z z -C[Nn m N z N Y 3 U d Q z"z �" K iCC Z O 3 I; N N p M y Z s ko v N �0 3N cao M 3 U o u �m O O a EC & RESTORATION PLAN SEDIMENTATION & EROSION CONTROL AND BUFFER RESTORATION PLANS FOR 106 & 108 POINTE SHORE DR. NEW HOPE TOWNSHIP WAYNE COUNTY NORTH CAROLINA OWNER & DEVELOPER DR. KEITH HINNANT 116 TWIN OAKS PLACE GOLDSBORO, NC 287530-8867 SCALE: 1": 60' DATE: 0112412019 PROJECT #: 2019 002 SHEET: 2 of 4 2"-3" COARSE AGGREGATE BASE 6" THICKNESS (MIN.) GEOTEXTILE FABRIC 50' MIN. GEOTEXTILE FABRIC is SECTION 4" DIVERSION TO DIRECT RUNOFF FROM RAN DETAIL EC1 - TEMPORARY GRAVEL CONSTRUCTION ENTRANCE DETAIL EC2 - TEMPORARY SILT FENCE STRAND >UGE MIN. WIRES 12-112 3E MIN. FOM STRAND 1UGE MIN. GROUND LINE SILT FENCE NOTES 1. WIRE SHALL BEA MINIMUM OF 32" IN WIDTH AND SHALL HAVEA MINIMUM OF 6 LINE WIRES WITH 12" STAY SPACING. 2. FILTERFABRIC SHALL BE A MINIMUM OF 36" IN WIDTH AND SHALL BE FASTENED ADEQUATELY TO THE WIRE AS DIRECTED BY THE ENGINEER. 3. STEELPOSTS SHALL BE 5' IN HEIGHT AND SHALL BE OF THE SELF -FASTENER ANGLE STEEL TYPE. 4. WIRE FABRIC SHALL BE FASTENED TO WOOD POSTS WITH NOT LESS THAN #9 WIRE STAPLES 1 -112 -LONG. FINAL DRA WINGS Released for permits only, not released for construction. DETAIL EC3 - GROUND STABILIZATION TIMEFRAMES 1) Ground Stabilization Site Area Stabilization Stabilization Time Description Time Frame Frame Exceptions • Perimeter dikes, 30 25 Carpetgrass swales, ditches 7 days None and slopes 50 50 25 25 Kobe Lespedeza • High Quality Tall Fescue 50 Water (HQW) 7 da.vs None Zones If slopes are 10' or • Slopes steeperless in length and than 3:1 , days are not steeper than 2:1, 14 days are allowed. • Slopes 3:1 or 7 -days for slopes flatter 14 days greater than 50 feet in length • All other areas None (except for with slopes flatter 14 days perimeters and than 4:1 HQW Zones) "P"e"eNt COIR FIBER WATTLE DETAIL EC5 - SEEDING SPECIFICATIONS 2'(MAX) TEMPORARY ERMANENT (Mar 1 to Oct 15 Sep -Apr May -Aug I Dry Soils Wet Soils Seed Typle Minimum Application Rate (Ib/ac) Bahia, Pensacola Var. 30 25 Bermuda 30 25 Carpetgrass 25 1 Centipede 10 German Millet 50 50 25 25 Kobe Lespedeza 20 Tall Fescue 50 Totals 100 1 50 1 115 100 2'(MAX) 2' UPSLOPE STAKE NATURAL GROUND MATTING . EDGE OF PAVEMENT 2 DOWNSLOPE STAKE CROSS SECTION VEE DITCH 1 \ �S TAKES / INSET A NOTES: 1. USE MINIMUM 121N. DIAMETER COIR FIBER (COCONUT FIBER) WATTLE. 2. USE 2 FT. WOODEN STAKES WITH A 2 IN. BY 21N. NOMINAL CROSS SECTION. 3. ONLY INSTALL WATTLE(S) TOA HEIGHT IN DITCH SO FLOW WILL NOT WASH AROUND WATTLE AND SCOUR DITCH SLOPES AND AS DIRECTED. 4. INSTALL A MINIMUM OF 2 UPSLOPE STAKES AND 4 DOWNSLOPE STAKES AT AN ANGLE TO WEDGE WATTLE TO BOTTOM OF DITCH. 5, PROVIDE STAPLES MADE OF 0.1251N. DIAMETER STEEL WIRE FORMED INTO A U SHAPE NOT LESS THAN 12" IN LENGTH. 6, INSTALL STAPLES APPROXIMATELY EVERY 1 LINEAR FOOT ON BOTH SIDES OF WATTLE AND AT EACH END TO SECURE IT TO THE SOIL. 7, INSTALL MATTING IN ACCORDANCE WITH SECTION 1631 OF THE NC DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS. 8, WATTLES TO BE USED WHERE LONGITUDANAL DITCH/SWALE SLOPES DO NOT EXCEED 3% AND/OR AS SHOWN IN THE PLANS. - BOUNDARY LINES — - — - ROADWAY 4 - RIPARIAN BUFFERS — -##'- — -EXISTING CONTOURS -PROPOSED CONTOURS EXISTING STORM DRAIN LEGEND A� TEMP. CONSTRUCTION ENTRANCE �--�� - TEMPORARY SILT FENCE ® TEMPORARY COIR FIBER WATTLE LD - LIMITS OF DISTURBANCE DRIPARIAN BUFFER RESTORATION AREAS - EXISTING LAKE EDGE - EXISTING CLEARED EDGE — DETAIL EC4 - TEMPORARY COIR FIBER WATTLE TOP VIEW '11111tIltrtttlfr ,,'j..11111 Ittt GINE `rJl �1ti �� O ttr H ` SEAL y EAI, �\ " 7� C-438 ` 10147- Jy " _(r " f' `'"' CAS ,�` ' °r r f ' ti~~~ If�O IA,wYt O 41 t rjI 9 4, 1ti tj 1 frll j 18 3ili��ti ttt Gt t I tig'� titi 4•iii�. •i0•i 0�•ii`. •ii0•iii0•i 0.04•iiiiii� U N N U orn Z m r4 N i 3 U d a z"z �" WUK ioo QN O r� N N p M v N �0 3N o M 3 00 ^O O �a EROSION CONTROL DETAILS SEDIMENTATION & EROSION CONTROL AND BUFFER RESTORATION PLANS FOR 106 & 108 POINTE SHORE DR. NEW HOPE TOWNSHIP WAYNE COUNTY NORTH CAROLINA OWNER & DEVELOPER DR. KEITH HINNANT 116 TWIN OAKS PLACE GOLDSBORO, NC 287530-8867 SCALE: NOT TO SCALE DATE: 0112412019 PROJECT A, 2019 002 SHEET: 3 o14 REFORESTATION DATA, SCHEDULE, NARRATIVE, & NOTES RESTORATION AREA TABULATION BUFFER ZONE 1 = 13,221 SF (0.30 AC ±) (REFORESTATION). BUFFER ZONE 2 = 8,653 SF (0.20 AC ±) (REVEGETATION ONLY). TOTALS = 21,8 74 SF (0.50 AC ±). SCHEDULE, NARRATIVE, & NOTES 1. SEED ENTIRE AREA WITH A HERBACEOUS SEED MIX, PREFERABLY BROWN TOP OR PEARL MILLET. 2. AFTER COMPLETION OF ALL SEEDING AND BETWEEN FEBRUARY 1, 2019 AND MARCH 1, 2019, INSTALL TREES AS SHOWN BELOW IN ALL AREAS TO BE RESTORED. TREES SHALL BE PLANTED AT AN AVERAGE GRID SPACING AS SHOWN BELOW, WHICH IS APPROXIMATELY EVERY 10 LF IN THEW" DIRECTION AND EVERY 10 LF IN THE "Y" DIRECTION. PLANTING GRID IS 10'± EACH WAY, WHICH IS APPROXIMATELY 440 TREES PER ACRE. 3. TREES SHOULD BE INSPECTED FOR SURVIVAL EVERY 6 MONTHS, FOR THE FIRST FIVE YEARS AFTER INITIAL PLANTING. ALL PLANTS THAT DID NOT SURVIVE THE INITIAL APPLICATION SHALL BE REPLACED AND/OR REINSTALLED DURING THE OPTIMAL PLANTING SEASON (NOVEMBER 1 THROUGH MARCH 30). A WRITTEN REPORT SHALL BE PROVIDED TO THE REGIONAL OFFICE BY JUNE IST OF EACH YEAR, BEGINNING JUNE 1ST, 2019 AND EXTENDING THROUGH JUNE 1, 2024. 4. AT THE COMPLETION OF THE 5 YEAR MONITORING AND INSPECTION PERIOD, VERIFY THAT ALL TREES ARE IN-PLACE AND SURVIVING. REPLACE ANY TREES NOT SURVIVING AS NECESSARY. TREE SPECIES TO BE PLANTED ARE AS FOLLOWS, UNLESS OTHERWISE APPROVED BY THE ENGINEER: LP = LONGLEAF PINE (50% OF TOTAL) & FD = FLOWERING DOGWOOD (50% OF TOTAL). 5. TOTAL TREE NUMBER REQUIRED IS APPROXIMATELY 133 TREES. REPRESENTATIVE REFORESTATION GRID LP = LONGLEAF PINE FD = FLOWERING DOGWOOD FINAL DRA WINGS Rleasedfor permits only, , otreleasedfor construction. - BOUNDARY LINES - — - ROADWAY 4 - RIPARIAN BUFFERS — -##'- — -EXISTING CONTOURS — -PROPOSED CONTOURS - EXISTING STORM DRAIN TEMP. CONSTRUCTION ENTRANCE �--�� TEMPORARY SILT FENCE ® - TEMPORARY COIR FIBER WATTLE LD - LIMITS OF DISTURBANCE DRIPARIAN BUFFER RESTORATION AREAS — - EXISTING LAKE EDGE EXISTING CLEARED EDGE 4.1 Know what's below. Call before you dig. Ln 00 N Eiko U orn Z ��aLn m 00 N y k 3 U d a Z Z : Sz rn r\ z i c oo Q N O r� N N p M y Z s 10 v N �0 3N o M 3 ca T00 O O �a BUFFER RESTORATION DETAIL SEDIMENTATION & EROSION CONTROL AND BUFFER RESTORATION PLANS FOR 106 & 108 POINTE SHORE DR. NEW HOPE TOWNSHIP WAYNE COUNTY NORTH CAROLINA OWNER & DEVELOPER DR. KEITH HINNANT 116 TWIN OAKS PLACE GOLDSBORO, NC 287530-8867 SCALE: NOT TO SCALE DATE: 0112412019 PROJECT #: 2019 002 SHEET: 4 o14 Page 1 of 5 , 11111111 111111 ill IIIII IIIII IIIII IIIII IIIII Illllllllllllll IIIII IIIII IIIII IIII IIII ` Doc ID: 011814470005 Type: CRP Recorded: 06/29/2018 at 03:11:55 PM Fee Amt: $326.00 Paqe i of 5 Revenue Tax: $300.00 WAYNE COUNTY, NC JUDY HARRISON REGISTER OF DEEDS BK3331 PG363-372 Return to: James D Womble Jr I0;F3I In��E�� dam" t WARRANTY DEED `3co. co ® �[(. Prepared by: Joseph S. Bower WHITE & ALLEN, P.A. Property was not Grantors' primary residence NO TITLE EXAMINATION WAS PERFORMED BY DRAFTING ATTORNEYS NORTH CAROLINA WAYNE COUNTY Tax Stamps: $300.00 Parcel No.: 3537912238 3537914350 THIS DEED, made this 25th day of June, 2018, by MARTHA G. MOORING and husband, T. DEWEY MOORING, JR., whose address is 3528 New Hope Road, LaGrange, NC 28551, Grantors; to KEITH HINNANT, whose address is 116 Twin Oaks Place, Goldsboro, NC 27530, Grantee; W I T N E S S E T H: That Grantors, for a valuable consideration paid by Grantee, the receipt of which is 'hereby acknowledged, have sold, and by these presents, do grant, bargain, sell and convey unto Grantee, his heirs and assigns, in fee simple, that parcel of land lying and being in New Hope Township, Wayne County, North Carolina, and more particularly described on Exhibit A attached hereto and incorporated herein by reference. Book: 3381 Page: 368 Seq: 1 Page 2 of 5 This property was conveyed to Grantor, Martha G. Mooring, by Deed recorded in the above named County -Registry in Book 1460, Page 89. TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges and appurtenances thereto belonging to the Grantees in fee simple. And the said Grantor, Martha G. Mooring, covenants with the Grantees that she is seized of said premises in fee, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that she will warrant and defend the title against the claims of all persons whomsoever, subject to valid and enforceable utility easements, rights-of-way and restrictions of record, if any, and a pro rata. share of the current year's ad,valorem property taxes. And T. Dewey Mooring, Jr. joins in the execution of this deed solely for the purpose of conveying, relinquishing, and waiving and hereby does convey, relinquish and waive any and .all marital interest he may have. in the aforesaid property as the husband of Martha G. Mooring and makes none of the warranties contained herein. The designation Grantors and Grantees as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. [SIGNATURE PAGES TO FOLLOW] 2 Book: 3381 Page: 368 Seq:2 Page 3 of 5 50h 3 3 3i0 (SEAL) Martaa G. Mooring NORTH CAROLINA L4,r61 1 COUNTY Personally appeared before me this day MARTHA G. MOORING, being personally known to me or identified by satisfactory evidence and acknowledged to me her due voluntary execution of the foregoing instrument for the terms and purposes therein set forth. Witness my hand and notaria 2018. A / My commission expires: DLab-'al • . N O T,q• .0 �3 2'• LIC NV eal, this day of r W= 12A 410-r, No y Public JSB/dfj #1 120969-00001 [120969-00001/1966588/5] 3 Book: 3381 Page: 368 Seq: 3 Page 4 of 5 ibOb" K3 3 3 ! PA613 7 1 _. (SEAL) T. Dewey Moo ng, it -, NORTH CAROLINA L ky%i r COUNTY Personally appeared before me this day T. DEWEY MOORING, JR., being personally known to me or identified by satisfactory evidence and acknowledged to me his due voluntary execution of the foregoing instrument for the terms and purposes therein set forth. Witness my hand and nota }ial seal, this a%- day of �ur_ &, 2018. x My commission expires: JSB/dfj #1 120969-00001 4 0 Notary is Book: 3381 Page: 368 Seq:4 Page 5 of 5 'GU 3 3 3 1 PAGE 312 Exhibit "A" ATTACHMENT TO WARRANTY DEED by MARTHA G. MOORING and husband, T. DEWEY MOORING, JR., Grantors; to KEITH HINNANT, Grantee: Being lots Nos. Five (5) and Six (6) as shown on that certain plat of Walnut Creek Estates, Inc., Area C, Section Four, said plat having been prepared by A. E. Little, Land Surveyor, and being recorded in Plat Cabinet H, Slide 23 in the Office of the Register of Deeds of Wayne County, N.C., and to which plat reference is hereby made for the purpose of ascertaining a metes and bounds description of said lots. For back reference, see deed from Walnut Creek Estates, Inc. to Ethel W. Garris, dated October 16, 1984 of record in the Wayne County Registry in Book 1086, Page 94. See also deed in Book 1411, Page 136, Wayne County Registry. JSB/dfj #1 120969-00001 [120969-00001/1966588/5] 5 Book: 3381 Page: 368 Seq: 5 Page 1 of 1 ( .�:,.f, ) )\\._+..i � I��;Y 1•,:..i.'I � l�• /'� ,'�+'./�-c. Cl/-L_.� Lel ......� .e•.YNeM�rD rte°-,°nl'--�'�N�•M�-^-•----- ,I - , - \` 93 , GRE NE S B ! ] HIT a \ , JOHNSTON Id to U5258 / �` \ \ �� � � \ \ r"� 'YJ �•�•[ ,tet \ y \ W n v °G(OKQ. us 13 � Klna � N 35 Oti 6"36" / a CREEQT �Lj►LS lrO oN / -`92. iI USIIT NI I us 70 _ N 300 53' 1.3 E �V IN, 2 \J��I�, t 397.59 \ \ i0'Q�� \ \ \ o Of \ �L� �Z �� 40 �. 011V _'r� ` L E 01 F N 'l ° 1 Soo O \ �\ Fify \ \ ,APCj t -b. SIN. ?ass .3 D U.P L I N �1r I \\i�O sa 61 80 0 N 350 08' 36 E LRC 505.18 / \y9�Q / �! 81.0 C/ 19 3 .79 167• 168.52 \ J ,�+ N 300 53' 13" E N N360 57' 12' E \ Ga /6 T4' 40° 26 36 5454 29 pp --- -- N 30°53_13 E q�✓ 2 f ' 7OMp �` /�/ (. '�r0'� (Il' \ f ?op6 27 E �� 1 _98.08 y -------- -- 150.00 65.000'- N 900 82 N 50°>348 `�O'r \6so �j• GHQ' N t26.E6 522 9g•qj S<'"E 1 26' fi E �-0 0 �! 0 e I l. 26 \ S o LL ,Joh R.. tJ6 gyp. �, 668.62 p� °, ore 32 m = r �9j N N 4%02�3J2.48 \ y6 Y�� 9E) '.Y Nr�S 6r'•� 0 WALNUT CREEK ESTATES 0 va 82.c� s°Doo f e -i5 s \ app 2 ����, N �Q r` n L 4 5,18 3 S q. F t. C-- ._� 4> 3 O C 17 -- --- - - AREA I C ° N - -=--- - --- -- --- t h°<aa .;' 3s g N 36 d E ft >,. e ° s 1' � 5 r, .' ° Q' 28,R52 S q . F t z _- -._. _....-----._ - -_ o '�h . _ : ;, _ 8 d� !_, G. I~ 1 A 5n D E 1`3o p9 5� `'� �' Co0 J rp �i. 3 6 , 9 3 3 S q . F t N 48,241-2 S q . rFF _26 7 _- �20 YYO�/27581 -- - O� \ SEGIION THREE � -._ � =� o o°p� R RIVE C3� po,I ��S 34 12-24"W ^'a4�h�22so'-N36057' IZ„ p1 a Sq. Ft 11.5 --- ' 0 40 _..._ - _ o o N 3� --- 0 " �Qo rJ s f 04 i� /, °J.7 gp yL' y 2040 �,�3,Jv�, YagO 2SO.?p f t'�p nt --- p - �. Sg60g3" __-.0 S �J49 153 • _ rr T ACM S i9° 26 4t W _ �P (o p ISS Ve - -' - tv i� 2' J, oq yti _ J E rngo so' 0 3 3 N 13° 051 7" w `-- `'/ L� -, W -X5.0 5 19° 3� �-��._ 60O\j�� 2 P s r a. tj E a P / -^�' _ _ --- --• I .. - -• __ // �- 3 U, h :� oo N�5°a5 0- � (0 21 •,.,y 33,093 -�, __ oho I MINIMLIM SETBACK Lot Front Side NO Ynrd Yard 1 57.18 22.73 2 52. C4_ 5_0.00 3 60.14_ 44.20 4 5 77.27 95.52 29.74 28.6 6 95.51 34.52 7 97.00 26.46 25.88 8 89.66 9 77 25 24.49 10 72_00 - 24.08 - 80.21 67.66-- 20.67 t2 68.43 '21.48 13 74.59 26.32 14 75.18 20.30 15- 61.83 16 58.33__ 31.75 100.78 __ -31.25 17 18 75.19 1 30,00 19 76.80 22.50 201 69_21 22.50 2 66.00 -- 35.00 - 22 66.3-1 21.85 _ 30A0 .y 30, R , 20 L f n L 0 39,832 Sq. Ft. ti °�• �P os % �, - '0 ;,/p -- 45, 408 Sq. 'Ft. 45, ?50 Sq Ft � 0 0 0 �, �, _ 13 Poy- - a s 20 A,\ < 50,582 Sq ft 358139 ,IE 099 00 q64:-�---- -85', OC. 0 -�o-� / °ati �F --------- S 3? 007,3dle 49'S �6 3?007'30"E h /\�Ip✓�/ y/ A, 4 F a, j NOTE: THIS PLAT IS SUBJECT /qT.q3 J 79. 2q 32,218 Sq. Ft. "- ?? �� ...__.__. ... __ ro TO ANY EASEMENTS, AGREE ti --iN N /,� /O N 38, 125 Sq, Ft. 2 `2 9MENTS, OR 0 OF RECORDSIGHTS- OF- WAY PRIOR TO DATE J O Ot�� 2�d0' E C` \6 �- - OF THIS PLAT. /-i---�' � � V I••I 0.0��. / c0v 0 c� -__ 5 Iry _[}(\ �n 4o , 32,211 Sq. Ft 4 F,, 352 Sq. Ft. m toLO z v °' ... N � �U) Four r t ' r /065 N a, 3\ h 9J•'� ;l '\93i G._ ti/nJ`L' / q �+ 1 ®�,i l A 'fl o 21 s , ` `�i 0 o �:.._ / J/ Area \✓Section ZONE - R- 25 �2. __ S 165.70 �\�� 0,` , 0�n 33 938 S Ft' O 0 O A 1 On�g6" 0� �0 52,161 Sq. Ft. 1 1 a e a s l� ` D ° �a3o 3 4, 2 71 S q. F 1. /. O / ,O C 90 O, •. AW� 1, �\ 58,817 S q Ft, � , �` - mss ° �� , \Jy • ? 46., 50.00 p --� LOTS FRONTING ON SPRING LAKE '\ '�-.--- S¢ O Y •\O 6 W S o r�Y 5�/ I� ?�?\--- EXTEND TO CONTOUR ELEVATION 4 ----\� k.G IT" 28 5. N? 9 93.00 FEET ABOVE MEAN SEA ... , 0 ! o ti• O S C / ��' 6',,,9 J, /� /i LEVEL WITH AN EASEMENT TO �• - - Oc y h ^J 7� F -_N [ _- I n Vw 2 SHORE ry2 36,403 Sq. Ft. ELEVATION 98 FOR TEMPORARY - ----� (Oc 5 "-6, 'PL30, N-29 N 29 00- OO,> WATER STORAGE. O G FG III. 6r 10h.85 AAllainUt regk � of Village / (o o �° z Y o ' 9os -- do .... 69,7-92 S q Ft. ° 0o- _ U, o= -- :_Ino bLJ (" 41, 530 Sq. Ft t WE) HEREBY CERTIFY THAT I AM (WEARE) THE OWNER(S) OF THEPROPERTY SHOWN AND OESCRIBED HEREON WHICH WAS CONVEYED TO ME (US) BY DEED RECORDED Ih°6 eat. Pan. n1Ea MU104,1147AND THAT ILWE) HEREBY ADOPT THIS PLAN OF. SUBDIVISION WITH Mr (OUR) FREE CONSENT, ESTABLISHTHE MINIMUM BUILDING LINES, AND DEDICATE ALL STREETS, AL.E YS, WALK9,PASKS, DRAINAOEWA19, AND0TM ER OPEN S PACER TO PUBLIC OR PRIVATE USE AS NOTED. FURTHER, I (WE) CCRTIFY THAT THE LAND AS SHOWNHEREON IS WITHIN THE SU BnI.VISION REGULATIONS JURISDICTION OF THE VILLAOF OF WALNUT CREEK. 0 Is ME R �) ( , ' i - 0 N R I � 1 - o O -.._ WNCR _7_7D AT E N ON ._.___ >O �6 o z' iJ' New Hope Township \ _zz m 5 5,16 3 Sq. Pt. 47,505 Sq. Ft. •6a _ � o a� / .:� G 0� Wayne Co. N. C. S 4g° �,�8 I .._. 33 ZS ;r __ .j O W L'� 9 _•`I 0 25 50 75 100 200 300 400 SCALE 111 = 1001 I HEREBY CERTIFY THAT THE SUBDIVISION PLAT SHOWN HEREON HAS BEEN FOUND TO COMPLY WITH SUBDIVISION RE.GUI.ATIONS OF THE A V i LLAGE OF WALNUT CREEK, WITH ALL VARIANCES NOTED IN THE MINUTES OF ThE VILLAGE OF WALNUT CREEK PLANNING BOARD, THAT ALL STREETS, UTILITIES, AND OTHER IMPROVEMENTS HAVE BEEN INSTALLED IN AN ACCEPTADI.E MANNER, OR THAT ADEQUATE PER- FORMANCE ER_FORMANCE GUARANTEES HAYFBEEN SECURED BY THE PLANNIPI_ C,O-RO TO INSURE COMPLETION OF ,LL REC'JIRF.D IMPROVEMENTS IN CASE OF DEFAULT, THAT ALL EASI.:,IENTS, RIGHTS-OF-WAY AND OTHER LANE) DEDICATED FOR PUBLIC USE SHOWN HEREON ARE ACCEPTED BY THE VILLAGE OF WALNUT CREEK, WHICH ASSUMES NO RESPONSIBILITY TO OPEN OR MAINTAIN THE SAME, AND Tt,AT THIS MAP HAS BEEN APPROVEDFOR RECORDING IN TH E OFFICE OF THE REGISTER OF DEEDS OF'WAYNE COUN TY, NORTH CAROLINA - 11z --- CHAIRMAN -- CHAIRMAN / THE VILLAGE OF WALNUT CREEK PLANNING BOARD GATE A r TESS 174e CI En r, DF.PAHTMENT OF TRANSPORTATION DIV!SI ON OF t{IGHWAYS N STAKE O IRO PROPOSED SUBDIVISION ROAD CONSTRUCTION STANDARDS CERTIFICATION �1 _- SO' STRIP ,_= KEEP SEPTIC -- TANK SYSTEM OUT OF THIS Curve Ceolc,ImeROdlus �� Arr. Tangent- Chord 475.18 - 19-06- 47 158.51 80.0(1 - 'i 8 699.6? 13-02-48 159.31 80.00 -157 158.96 E)3 250.00 35-34- 36 19F,..3 80.21 152,75 263.59 33-46 155.34 80.00 153.10 ( 284.20 31-26-36 155.96 80.00 154.01 167- 15 7 29.77 2,237.61 - 496.91 t WE) HEREBY CERTIFY THAT I AM (WEARE) THE OWNER(S) OF THEPROPERTY SHOWN AND OESCRIBED HEREON WHICH WAS CONVEYED TO ME (US) BY DEED RECORDED Ih°6 eat. Pan. n1Ea MU104,1147AND THAT ILWE) HEREBY ADOPT THIS PLAN OF. SUBDIVISION WITH Mr (OUR) FREE CONSENT, ESTABLISHTHE MINIMUM BUILDING LINES, AND DEDICATE ALL STREETS, AL.E YS, WALK9,PASKS, DRAINAOEWA19, AND0TM ER OPEN S PACER TO PUBLIC OR PRIVATE USE AS NOTED. FURTHER, I (WE) CCRTIFY THAT THE LAND AS SHOWNHEREON IS WITHIN THE SU BnI.VISION REGULATIONS JURISDICTION OF THE VILLAOF OF WALNUT CREEK. 0 Is ME R �) ( , ' i - 0 N R I � 1 - o O -.._ WNCR _7_7D AT E N ON ._.___ >O �6 o z' iJ' New Hope Township \ _zz m 5 5,16 3 Sq. Pt. 47,505 Sq. Ft. •6a _ � o a� / .:� G 0� Wayne Co. N. C. S 4g° �,�8 I .._. 33 ZS ;r __ .j O W L'� 9 _•`I 0 25 50 75 100 200 300 400 SCALE 111 = 1001 I HEREBY CERTIFY THAT THE SUBDIVISION PLAT SHOWN HEREON HAS BEEN FOUND TO COMPLY WITH SUBDIVISION RE.GUI.ATIONS OF THE A V i LLAGE OF WALNUT CREEK, WITH ALL VARIANCES NOTED IN THE MINUTES OF ThE VILLAGE OF WALNUT CREEK PLANNING BOARD, THAT ALL STREETS, UTILITIES, AND OTHER IMPROVEMENTS HAVE BEEN INSTALLED IN AN ACCEPTADI.E MANNER, OR THAT ADEQUATE PER- FORMANCE ER_FORMANCE GUARANTEES HAYFBEEN SECURED BY THE PLANNIPI_ C,O-RO TO INSURE COMPLETION OF ,LL REC'JIRF.D IMPROVEMENTS IN CASE OF DEFAULT, THAT ALL EASI.:,IENTS, RIGHTS-OF-WAY AND OTHER LANE) DEDICATED FOR PUBLIC USE SHOWN HEREON ARE ACCEPTED BY THE VILLAGE OF WALNUT CREEK, WHICH ASSUMES NO RESPONSIBILITY TO OPEN OR MAINTAIN THE SAME, AND Tt,AT THIS MAP HAS BEEN APPROVEDFOR RECORDING IN TH E OFFICE OF THE REGISTER OF DEEDS OF'WAYNE COUN TY, NORTH CAROLINA - 11z --- CHAIRMAN -- CHAIRMAN / THE VILLAGE OF WALNUT CREEK PLANNING BOARD GATE A r TESS 174e CI En r, DF.PAHTMENT OF TRANSPORTATION DIV!SI ON OF t{IGHWAYS N STAKE O IRO PROPOSED SUBDIVISION ROAD CONSTRUCTION STANDARDS CERTIFICATION �1 _- SO' STRIP ,_= KEEP SEPTIC -- TANK SYSTEM OUT OF THIS �__ i PPR 0 � D' - __LV�__..- A V ST RI ENGINEER AREA APPEAR GEFORE ME THIS THL 191?1 AND ACKNOWLEDGE THE A PUBLIC WATER SUPPLY IS PLANNED FOR THIS SUDDIVISION. THE HEALTH DEPARTMENT CERTIFICATION IS ISSUED BASED ON THE SUBDIVISION LOTS BEING SERVED BY PUBLIC WATER SUPPLY SYSTEMS At NOT INDIVIDUAL WATER SUPPLY SYSTEMS. THIS CERTIFICATION IS ALSO ISSUED SUBJECT TO COMPLIANCE WITH THE NORTH CAROLINA DIVISION Of HEALTH SERVICES RULES AND REGULATION GOVERNING PUBLIC WATER SUPPLY SYSTEMS. ANY CERTIFICATION OR APPROVAL OF THE PUBLIC WATER SUPPLY SYSTEM WOULD I1AVE TO COME FROM THE NORTH CAROLINA DIVISION OF HEALTH SERVICES. SEPTIC TANKS ON LOTS THAT BORDER SPRING LAKE SHALL BE INSTALLED BETWEEN DWELLING B STREET. I HEREBY CERTIFY THAT THE PRIVATE SEWAGE DISPOSAL SYSTEMS INSTALLED OR PROPOSED FOR INSTALLATION, W THE SUBDIVISION, ENTITLED FULLY MEETS THE REQUIREMENTS OF THE WAYNE COUNTY HEALTH DERLATMENT, AND ARE HEREBY APPROVCD AS SHOWN. WM R, Q QLVKLWAn _4 -2.3 -df WAYNE COUNTY HEALTH DIRECTOR OW DATE AUTHORIZED REPRESENTATIVE THE HEALTH DEPARTMENT CERTIFICATION 15 BASED ON CONDITIONS AND REGULATIONS EXISTING ON THE DATE OF THIS CERTIFICATION. THE HEALTH DEPARTMENT RESERVES THE RIGHT TO REQUIRE ADDITIONAL IMPROVEMENTS TO THESE LOTS IF FOUND NECESSARY WHEN THE FINAL SITE 1NVESTIOATION IS MADE OF EACH LOT BEFORE ISSUING IMPROVC•MENTS PERMITS AS REQUIRED BY THE GENERAL STATUES OF NORTH CAROLINA, i l l i I' I I I I I I I 1'ililililililllllilililii,lij�lililllil!lilil!I(ili�i�il!I!Il�il� STE Pt W; n 1 r, li •I I ,� � !• � r. I � .,,In,:. NORTH CAROLINA, WAYNE' COUNTY EOOINO CERTIFICATES OF - Y NOTARYPUBUC OF-- 1, A. E. LI E, CERTIFY THAT TH IS/ARE CERTIFIED TO i YNq r u 0E CO ICT. AL U snvtr G AN ��� MY SUPERVISION, THAT THE L ICIC0'1lED FOR ISEGISTRATQ ATS•- OCLOCK THAT tD IHPORR 1 F CLO t THAT NA ERROR QP CLOSYRE J/7 M THIS -4 -DAY OF AND TNAT T"13 MA► MAG ►REPA 41 -?0 AS AMENDEDWITT"981 gift MARGARET M• PEACOCK QOLD's SONO, REGISTER OF OCEDS 1 N[R[BY CERTIFY THAT. A.1 - APPEAR GEFORE ME THIS THL 191?1 AND ACKNOWLEDGE THE YDING INSTRrE,0t T• WITNESS D� THE PA:.P0-FM{•A551S TANT REGISTER OF DEEDS / G ✓ J• MO IY C .4-� ,PURI. 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REGAN Secretary January 4, 2019 LINDA CULPEPPER Owe, for CERTIFIED MAIL #7018 2290 00018043 6418 RETURN RECEIPT REQUESTED Keith Hinnant 116 Twin Oaks Place Goldsboro, NC 27530 CERTIFIED MAIL #7018 2290 00018043 6425 RETURN RECEIPT REQUESTED A/K Grading and Demolition, Inc. Attn: Aaron Kornegay 103 Warehouse Drive LaGrange, NC 28551 Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT NOV-2018-PC-0141 Keith Hinnant Properties —106 and 108 Point Shore Dr. Neuse River Riparian Buffer Violations Wayne County Dear Mr. Hinnant: The purpose of this correspondence is to clearly communicate to you a violation regarding the Neuse River Riparian Buffer Rules (15A NCAC 2B .0233) on the subject property and the expectation to comply with the riparian buffer rules. On December 27, 2018, Anthony Scarbraugh of Division of Water Resources (DWR) conducted an inspection on your property known as Wayne County PINS 3537912238 and 3537914530 located at 106 and 108 Point Shore Drive within the Walnut Creek Village, Wayne County. The property is bordered by Walnut Creek (Spring Lake), which is located in the Neuse River Basin and is therefore subject to the Neuse Buffer Rules. During the inspection, DWR staff observed unauthorized impacts from lot clearing activities resulting in the removal of understory and forest vegetation in Zones'1 and 2 of the Neuse River Riparian buffer along approximately 450 linear feet of the Walnut Creek In addition, DWR staff also observed impacts from non -diffuse flow to the riparian buffer along the Walnut Creek (Spring Lake). Impacts consisted of erosion rills and conveyed sediment resulting from lack of established groundcover. Failure to properly install and maintain erosion and sediment control devices and non -diffuse flow of stormwater through the protected riparian buffer is a violation of the riparian buffer rules. North Carolina Depamnent of Environmental Quality iDivision of Water Resources - Washington Regional Office 943 Washington square Mall, Washington, North Carolina 27889 252-946-6481 As a result of the site inspection and file review, the following violations, detailed below, are noted: (1) Neuse River Riparian Buffer Violation -Vegetation Removal (2) Neuse Buffer Violation — Diffuse Flow (1) Neuse River Buffer Violation (15A NCAC 026 .0233(2)) The removal of all Zone 1 vegetation along 450 linear feet of Walnut Creek (Spring Lake) is prohibited in the buffer rules and therefore represents a violation of 15A NCAC 02B .0233 (1) which states in Zone 1, the purpose of this Rule shall be to protect and preserve existing riparian buffers in the Neuse River Basin to maintain their nutrient removal functions. Riparian buffers shall be protected and maintained and must follow the guidelines outlined in 15A NCAC 02B .0233 (1) through (6) of this Rule. Specifically, this Rule applies to the 50 -foot wide riparian buffers directly adjacent to surface waters in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries that appear on either the soil survey map prepared by the Natural Resource Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24000 scale quadrangle topographic maps prepared by the United States Geographic Survey (USGS) in buffered counties). Further, the protected riparian buffer has two zones as follows: ll Zone 1 [measured from the most landward limit of the normal high water level, normal water level or the landward limit of coastal wetlands as defined by Division of Coastal Management and extending landward a distance of 30 feet] shall consist of a vegetated area that is undisturbed except for uses provided for in Subparagraph (6) of 15A NCAC 2B .0233, and ]bb Zone 2 [the outer 20 feet, landward from the outer edge of Zone IJ shall consist of a stable vegetated area that is undisturbed except for activities and uses provided for in Subparagraph (6) of 15A NCAC 26 .0233. Any activity within the riparian buffer other than those uses listed as "Exempt" requires approval from the DWR. The purpose of these rules is to protect and preserve riparian buffers in the Neuse River Basin to maintain the nutrient removal functions of the streamside areas necessary to protect surface waters. Specifically, the inspection revealed that understory and mature vegetation were mechanically removed within the Neuse River Riparian Buffer impacting approximately 450 linear feet of Zones 1 and 2. (2) Neuse River Buffer Violation 115A NCAC 02B 0233(5)) According to Title 15A North Carolina Administrative Code 2B .0233(5) Diffuse Flow Requirements, diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and reestablishing vegetation. In addition, 15A NCAC Code 28 .0233 (5) (a) states, concentrated runoff from ditches or manmade conveyances shall be converted to diffuse flow before the runoff enters Zone 2 of the riparian buffer. North Carolina DeDanmof 94 Quality'Division of Water Resources- Washington Regional Office 943 Washington Square MWI, Washington, Nonh Camlim27889 252-946-6481 This Office requests that you respond to this letter in writing within 30 calendar days of receipt of this Notice. Your response should be sent to this office at the letterhead address. Your response should address the following items: 1. Please explain when construction (excavation, grubbing, and clearing) began at the site. 2. A map of the restoration site. (This would be a plat of the property indicating the total area of buffer and subsequent restoration areas delineated). 3. Please submit the following documents for review and approval. a. Riparian Buffer Restoration Plan is required to address the cutting and removal of the buffer vegetation as described above. This planting plan must be developed such that at least two native tree species are to be planted at a density 260 trees/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] b. Specifications for physical and biological monitoring will be required for Buffer Restoration Areas for 5 five years (5 years of monitoring with a written report provided to the Regional Office by June 1 of each year) c. Please indicate in your response a detailed schedule with dates explaining when the restoration will be accomplished. It is the expectation of this office that the riparian buffer impacts are abated no later than March 15, 2019. Please tailor your response and schedule to achieve compliance by this date. d. Finally, you should include in your response an explanation of how you propose to prevent these problems from reoccurring on this project and on future projects. ****You are encouraged to secure a consultant to assist you with your plan development to achieve compliance. **** Thank you for your attention to this matter. DWR requires that the violations, as detailed above, be abated immediately and properly resolved. Failure to resolve this matter could result in this Office pursuing additional avenues of enforcement such as assessments of civil penalties. Pursuant to G.S. 143-215.6A, the above mentioned violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Pursuant to G.S. 143-215.6C, DWR can request injunctive relief through the courts to obtain compliance on the site. Your above-mentioned response to this correspondence, the degree and extent of harm to the environment and the duration and gravity of the violation(s) will be considered in any further process that may occur. North Carolina Depar rnent of Environmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington square Mall, Washington, North Carolina 27889 252-946-6481 Should you have any questions regarding these matters, please contact Anthony Scarbraugh at (252) 948- 3924 or myself at (252) 948-3921. Sincerely, Plow TAO." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: Neuse River Riparian Buffer Rules cc: Samantha Dailey, US Army Corps of Engineers Raleigh Regulatory Office (via email: Samantha.i.dailev@usace.armv.mil) Samir Dumpor— DEMUR WaRO (via email) Shelton Sullivan —401 & Buffer Permitting Unit (via email) DWR WaRO File North Carolina Department ofFnvironmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, Nonh Carolina 27889 252-9466481 1974 Wayne County NRCS Soil Survey k NoM Carolina Deparmwm of Environmental Quality ]Division of Waler Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 USGS Topographic Map ., wa'',Avu J l •p - g:aas Du t soca .i.Sz16,-77.8515 et. �wlk:;uwaeetl py CwliI.IJW�Iw Q� North Carolina Department of Environmental Quality Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-9466481 • - j i Flag Location- Beginning of Buffer Clearing / `Buffer Clearing iw -- � IDA - j _ 1 61 :1• (k) 'Stream' means a body of concentrated flowing water in a natural low area or natural channel on the land surface. (1) 'Surface water' means all waters of the state as defined in G.S. 143-212 except underground waters. (m) 'Tree' means a woody plant with a DBH equal to or exceeding five inches. (3) APPLICABILITY. This Rule shall apply to 50 -foot wide riparian buffers directly adjacent to surface waters in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries), excluding wetlands. Except as described in Sub -Item (4)(a)(iii) of this Rule, wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated pursuant to 15A NCAC 02H .0506. The riparian buffers protected by this Rule shall be measured pursuant to Item (4) of this Rule. For the purpose of this Rule, a surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). Riparian buffers adjacent to surface waters that do not appear on either of the maps shall not be subject to this Rule. Riparian buffers adjacent to surface waters that appear on the maps shall be subject to this Rule unless one of the following applies. (a) EXEMPTION WHEN AN ON-SITE DETERMINATION SHOWS THAT SURFACE WATERS ARE NOT PRESENT. When a landowner Or other affected party believes that the maps have inaccurately depicted surface waters, he or she shall consult the Division or the appropriate delegated local authority. Upon request, the Division or delegated local authority shall make on-site determinations. Any disputes over on-site determinations shall be referred to the Director in writing. A determination of the Director as to the accuracy or application of the maps is subject to review as provided in Articles 3 and 4 of G.S. 1506. Surface waters that appear on the maps shall not be subject to this Rule if an on-site determination shows that they fall into one of the following categories. (i) Ditches and manmade conveyances other than modified natural streams unless constructed for navigation or boat access. (ii) Manmade ponds and lakes that are located outside natural drainage ways. (iii) Ephemeral (stormwater) streams. (b) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not apply to portions of the riparian buffer where a use is existing and ongoing according to the following: (i) A use shall be considered existing if it was present within the riparian buffer as of July 22, 1997. Existing uses shall include, but not be limited to, agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns, utility lines and on-site sanitary sewage systems. Only the portion of the riparian buffer that contains the footprint of the existing use is exempt from this Rule. Activities necessary to maintain uses are allowed provided that no additional vegetation is removed from Zone 1 except that grazed or trampled by livestock and existing diffuse flow is maintained. Grading and revegetating Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised, the ground is stabilized and existing diffuse flow is maintained. (ii) At the time an existing use is proposed to be converted to another use, this Rule shall apply. An existing use shall be considered to be converted to another use if any of the following applies: (A) Impervious surface is added to the riparian buffer in locations where it did not exist previously. (B) An agricultural operation within the riparian buffer is converted to a non-agricultural use. (C) A lawn within the riparian buffer ceases to be maintained. (4) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows: (a) Zone I shall consist of a vegetated area that is undisturbed except for uses provided for in Item (6) of this Rule. The location of Zone 1 shall be as follows: (i) For intermittent and perennial streams, Zone I shall begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward a distance of 30 feet on all sides of the surface water, measured horizontally on a line perpendicular to the surface water. (ii) For ponds, lakes and reservoirs located within a natural drainage way, Zone 1 shall begin at the most landward limit of the normal water level or the rooted herbaceous vegetation and extend landward a distance of 30 feet, measured horizontally on a line perpendicular to the surface water. (iii) For surface waters within the 20 Coastal Counties (defined in 15A NCAC 02B .0202) within the jurisdiction of the Division of Coastal Management, Zone 1 shall begin at the most landward limit of: (A) the normal high water level; (B) the normal water level; or (C) the landward limit of coastal wetlands as defined by the Division of Coastal Management; and extend landward a distance of 30 feet, measured horizontally on a line perpendicular to the surface water, whichever is more restrictive. (b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for activities and uses provided for in Item (6) of this Rule. Grading and revegetating Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of Zone 1 and extend landward 20 feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zones I and 2 shall be 50 feet on all sides of the surface water. (5) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and reestablishing vegetation. (a) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow before the runoff enters the Zone 2 of the riparian buffer. (b) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies. (6) TABLE OF USES. The following chart sets out the uses and their designation under this Rule as exempt, allowable, allowable with mitigation, or prohibited. The requirements for each category are given in Item (7) of this Rule. Exempt Allowable Allowable Prohibited with Mitigation Airport facilities: • Airport facilities that impact equal to or less than 150 linear feet or one-third of an acre of riparian buffer • Airport facilities that impact greater than 150 linear feet or X one-third of an acre of riparian buffer Archaeological activities X Bridges X Dam maintenance activities X Drainage ditches, roadside ditches and stormwater outfalls through riparian buffers: Existing drainage ditches, roadside ditches, and stormwater outfalls provided that they are managed to minimize the sediment, nutrients and other pollution that convey to waterbodies New drainage ditches, roadside ditches and stormwater outfalls provided that a stormwater management facility 15A NCAC 02B.0233 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS The following is the management strategy for maintaining and protecting existing riparian buffers in the Neuse River Basin. (1) PURPOSE. The purpose of this Rule shall be to protect and preserve existing riparian buffers in the Neuse River Basin to maintain their nutrient removal functions. (2) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows: (a) 'Channel' means a natural water-carrying trough cut vertically into low areas of the land surface by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water. (current definition in Forest Practice Guidelines Related to Water Quality, 15A NCAC 01I .0102) (b) 'DBH' means Diameter at Breast Height of a tree, which is measured at 4.5 feet above ground surface level. (c) 'Ditch or canal' means a man-made channel other than a modified natural stream constructed for drainage purposes that is typically dug through inter-stream divide areas. A ditch or canal may have flows that are perennial, intermittent, or ephemeral and may exhibit hydr0ogical and biological characteristics similar to perennial or intermittent streams. (d) 'Ephemeral (stormwater) stream' means a feature that carries only stormwater in direct response to precipitation with water flowing only during and shortly after large precipitation events. An ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above the water table, and stormwater runoff is the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and physical characteristics commonly associated with the continuous or intermittent conveyance of water. (e) 'Forest plantation' means an area of planted trees that may be conifers (pines) or hardwoods. On a plantation, the intended crop trees are planted rather than naturally regenerated from seed on the site, coppice (sprouting), or seed that is blown or carried into the site. (f) 'High Value Tree means a tree that meets or exceeds the following standards: for pine species, 14-inch DBH or greater or 18-inch or greater stump diameter; and, for hardwoods and wetland species, 16-inch DBH or greater or 24-inch or greater stump diameter. (g) 'Intermittent stream' means a well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the conveyance of water. (h) 'Modified natural stream' means an on-site channelization or relocation of a stream channel and subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations in the immediate watershed. A modified natural stream must have the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. (i) 'Perennial stream' means a well-defined channel that contains water year round during a year of normal rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary source of water for a perennial stream, but it also caries stormwater runoff. A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. 0) 'Perennial waterbody' means a natural or man-made basin that stores surface water permanently at depths sufficient to preclude growth of rooted plants, including lakes, ponds, sounds, non-stream estuaries and ocean. For the purpose of the State=s riparian buffer protection program, the waterbody must be part of a natural drainageway (i.e., connected by surface flow to a stream). is installed to control nitrogen and attenuate flow before the conveyance discharges through the riparian buffer New drainage ditches, roadside ditches and stormwater X outfalls that do not provide control for nitrogen before discharging through the riparian buffer Excavation of the streambed in order to bring it to the same X elevation as the invert of a ditch Drainage of a pond in a natural drainage way provided that a X new riparian buffer that meets the requirements of Items (4) d (5) of this Rule is established adjacent to the new channel Driveway crossings of streams and other surface waters object to this Rule: Driveway crossings on single family residential lots that X disturb equal to or less than 25 linear feet or 2, 500 square feet of riparian buffer • Driveway crossings on single family residential lots that X disturb greater than 25 linear feet or 2,500 square feet of riparian buffer • In a subdivision that cumulatively disturb equal to or less X than 150 linear feet or one-third of an acre of riparian buffer • In a subdivision that cumulatively disturb greater than 150 linear feet or one-third of an acre of riparian buffer Fences provided that disturbance is minimized and X installation does not result in removal of forest vegetation Forest harvesting - see Item (11) of this Rule ertilizer application: • One-time fertilizer application to establish replanted X vegetation Ongoing fertilizer application rading and revegetation in Zone 2 only provided that diffuse X ow and the health of existing vegetation in Zone 1 is not mpromised and disturbed areas are stabilized reenway/hiking trails X istoric preservation X andfills as defined by G.S. 130A-290 X Mining activities: • Mining activities that are covered by the Mining Act X provided that new riparian buffers that meet the requirements of Items (4) and (5) of this Rule are established adjacent to the relocated channels • Mining activities that are not covered by the Mining Act X OR where new riparian buffers that meet the requirements or Items (4) and (5) of this Rule are not established adjacent to the relocated channels • Wastewater or mining dewatering wells with approved X NPDES permit Non -electric utility lines: Impacts other than perpendicular crossings in Zone 2 oniN X Impacts other than perpendicular crossings in Zone 13 X Non -electric utility line perpendicular crossing of streams and Cher surface waters subject to this Rule3: • Perpendicular crossings that disturb equal to or less than 40 X linear feet of riparian buffer with a maintenance corridor equal to or less than 10 feet in width • Perpendicular crossings that disturb greater than 40 linear X feet of riparian buffer with a maintenance corridor greater than 10 feet in width • Perpendicular crossings that disturb greater than 40 linear feet but equal to or less than 150 linear feet of riparian buffer with a maintenance corridor equal to or less than 10 feet in width • Perpendicular crossings that disturb greater than 40 linear k feet but equal to or less than 150 linear feet of riparian buffer with a maintenance corridor greater than 10 feet in width • Perpendicular crossings that disturb greater than 150 linear X feet of riparian buffer On-site sanitary sewage systems - new ones that use ground X absorption Overhead electric utility lines: Impacts other than perpendicular crossings in Zone 2 only' X • Impacts other than perpendicular crossings in Zone 1 '.2,3 X Overhead electric utility line perpendicular crossings of streams and other surface waters subject to this Rule3 • Perpendicular crossings that disturb equal to or less than X 150 linear feet of riparian buffer' • Perpendicular crossings that disturb greater than 150 linear X feet of riparian buffer', a Periodic maintenance of modified natural streams such as X canals and a grassed travelway on one side of the surface water when alternative forms of maintenance access are not ractical ' Provided that, in Zone 1, all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used, then the overhead utility lines shall require a no practical alternatives evaluation by the Division. • A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed. • Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed. • Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are cut. • Rip rap shall not be used unless it is necessary to stabilize a tower. • No fertilizer shall be used other than a one-time application to re-establish vegetation. • Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which areas remain in a disturbed state. • Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer. • In wetlands, mats shall be utilized to minimize soil disturbance. Z Provided that poles or towers shall not be installed within 10 feet of a water body unless the Division completes a no practical alternatives evaluation. s Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees. Exempt Allowable Allowable Prohibited with Mitigation Playground equipment: • Playground equipment on single family lots provided X that installation and use does not result in removal of vegetation • Playground equipment installed on lands other than X single-family lots or that requires removal of vegetation Ponds in natural drainage ways, excluding dry ponds: • New ponds provided that a riparian buffer that meets the X requirements of Items (4) and (5) of this Rule is established adjacent to the pond • New ponds where a riparian buffer that meets the X requirements of Items (4) and (5) of this Rule is NOT established adjacent to the pond Protection of existing structures, facilities and streambanks X when this requires additional disturbance of the riparian buffer or the stream channel Railroad impacts other than crossings of streams and other X surface waters subject to this Rule Railroad crossings of streams and other surface waters subject to this Rule: • Railroad crossings that impact equal to or less than 40 X linear feet of riparian buffer • Railroad crossings that impact greater than 40 linear feet X but equal to or less than 150 linear feet or one-third of an acre of riparian buffer • Railroad crossings that impact greater than 150 linear X feet or one-third of an acre of riparian buffer Removal of previous fill or debris provided that diffuse X flow is maintained and any vegetation removed is restored Road impacts other than crossings of streams and other X surface waters subject to this Rule Road crossings of streams and other surface waters subject to this Rule: • Road crossings that impact equal to or less than 40 linear X feet of riparian buffer • Road crossings that impact greater than 40 linear feet but X equal to or less than 150 linear feet or one-third of an acre of riparian buffer • Road crossings that impact greater than 150 linear feet or X one-third of an acre of riparian buffer Scientific studies and stream gauging X Stormwater management ponds excluding dry ponds: • New stormwater management ponds provided that a X riparian buffer that meets the requirements of Items (4) and (5) of this Rule is established adjacent to the pond • New stormwater management ponds where a riparian X buffer that meets the requirements of Items (4) and (5) Exempt Allowable I Allowable Prohibited of this Rule is NOT established adjacent to the pond with Stream restoration X Streambank stabilization X Temporary roads: • Temporary roads that disturb less than or equal to 2,500 X square feet provided that vegetation is restored within six months of initial disturbance • Temporary roads that disturb greater than 2,500 square X feet provided that vegetation is restored within six months of initial disturbance • Temporary roads used for bridge construction or X replacement provided that restoration activities, such as soil stabilization and revegetation, are conducted immediately after construction Temporary sediment and erosion control devices: • In Zone 2 only provided that the vegetation in Zone I is X not compromised and that discharge is released as diffuse flow in accordance with item (5) of this Rule • In Zones 1 and 2 to control impacts associated with uses X approved by the Division or that have received a variance provided that sediment and erosion control for upland areas is addressed to the maximum extent practical outside the buffer • In -stream temporary erosion and sediment control X measures for work within a stream channel Underground electric utility lines: • Impacts other than perpendicular crossings in Zone 2 X only, X • Impacts other than perpendicular crossings in Zone 11 Underground electric utility line perpendicular crossings of streams and other surface waters subject to this Rule:, • Perpendicular crossings that disturb less than or equal to X 40 linear feet of riparian buffer,° • Perpendicular crossings that disturb greater than 40 X linear feet of riparian buffer' ° 4 Provided that, in Zone 1, all of the following BMPs for underground utility lines are used. If all of these BMPs are not used, then the underground utility line shall require a no practical alternatives evaluation by the Division. Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed. Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the trench, where trees are cut. Underground cables shall be installed by vibratory plow or trenching. • The trench shall be backfilled with the excavated soil material immediately following cable installation. • No fertilizer shall be used other than a one-time application to re-establish vegetation. Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which areas remain in a disturbed state. Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer. • In wetlands, mats shall be utilized to minimize soil disturbance. Exempt Allowable I Allowable Prohibited with (7) REQUIREMENTS FOR CATEGORIES OF USES. Uses designated as exempt, allowable, allowable with mitigation and prohibited in Item (6) of this Rule shall have the following requirements: (a) EXEMPT. Uses designated as exempt are allowed within the riparian buffer. Exempt uses shall be designed, constructed and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable. In addition, exempt uses shall meet requirements listed in Item (6) of this Rule for the specific use. (b) ALLOWABLE. Uses designated as allowable may proceed within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Item (8) of this Rule. These uses require written authorization from the Division or the delegated local authority. (c) ALLOWABLE WITH MITIGATION. Uses designated as allowable with mitigation may proceed within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Item (8) of this Rule and an appropriate mitigation strategy has been approved pursuant to Item (10) of this Rule. These uses require written authorization from the Division or the delegated local authority. (d) PROHIBITED. Uses designated as prohibited may not proceed within the riparian buffer unless a variance is granted pursuant to Item (9) of this Rule. Mitigation may be required as one condition of a variance approval. (8) DETERMINATION OF "NO PRACTICAL ALTERNATIVES." Persons who wish to undertake uses designated as allowable or allowable with mitigation shall submit a request for a "no practical alternatives" determination to the Division or to the delegated local authority. The applicant shall certify that the criteria identified in Sub -Item (8)(a) of this Rule are met. The Division or the Mitigation Vegetation management: • Emergency fire control measures provided that X topography is restored • Periodic mowing and harvesting of plant products in X Zone 2 only • Planting vegetation to enhance the riparian buffer X • Pruning forest vegetation provided that the health and X function of the forest vegetation is not compromised • Removal of individual trees which are in danger of X causing damage to dwellings, other structures or human life X • Removal of poison ivy X • Removal of understory nuisance vegetation as defined in: Smith, Chem L. 1998. Exotic Plant Guidelines. Department of Environment and Natural Resources. Division of Parks and Recreation. Raleigh, NC. Guideline #30 Water dependent structures as defined in 15A NCAC 02B X .0202 Water supply reservoirs: • New reservoirs provided that a riparian buffer that meets X the requirements of Items (4) and (5) of this Rule is established adjacent to the reservoir • New reservoirs where a riparian buffer that meets the requirements of Items (4) and (5) of this Rule is NOT X established adjacent to the reservoir Water wells X Wetland restoration X (7) REQUIREMENTS FOR CATEGORIES OF USES. Uses designated as exempt, allowable, allowable with mitigation and prohibited in Item (6) of this Rule shall have the following requirements: (a) EXEMPT. Uses designated as exempt are allowed within the riparian buffer. Exempt uses shall be designed, constructed and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable. In addition, exempt uses shall meet requirements listed in Item (6) of this Rule for the specific use. (b) ALLOWABLE. Uses designated as allowable may proceed within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Item (8) of this Rule. These uses require written authorization from the Division or the delegated local authority. (c) ALLOWABLE WITH MITIGATION. Uses designated as allowable with mitigation may proceed within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Item (8) of this Rule and an appropriate mitigation strategy has been approved pursuant to Item (10) of this Rule. These uses require written authorization from the Division or the delegated local authority. (d) PROHIBITED. Uses designated as prohibited may not proceed within the riparian buffer unless a variance is granted pursuant to Item (9) of this Rule. Mitigation may be required as one condition of a variance approval. (8) DETERMINATION OF "NO PRACTICAL ALTERNATIVES." Persons who wish to undertake uses designated as allowable or allowable with mitigation shall submit a request for a "no practical alternatives" determination to the Division or to the delegated local authority. The applicant shall certify that the criteria identified in Sub -Item (8)(a) of this Rule are met. The Division or the delegated local authority shall grant an Authorization Certificate upon a "no practical alternatives" determination. The procedure for making an Authorization Certificate shall be as follows: (a) For any request for an Authorization Certificate, the Division or the delegated local authority shall review the entire project and make a finding of fact as to whether the following requirements have been met in support of a "no practical alternatives" determination: (i) The basic project purpose cannot be practically accomplished in a manner that would better minimize disturbance, preserve aquatic life and habitat, and protect water quality. (ii) The use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality. (iii) Best management practices shall be used if necessary to minimize disturbance, preserve aquatic life and habitat, and protect water quality. (b) Requests for an Authorization Certificate shall be reviewed and either approved or denied within 60 days of receipt of a complete submission based on the criteria in Sub -Item (8)(a) of this Rule by either the Division or the delegated local authority. Failure to issue an approval or denial within 60 days shall constitute that the applicant has demonstrated "no practical alternatives." The Division or the delegated local authority may attach conditions to the Authorization Certificate that support the purpose, spirit and intent of the riparian buffer protection program. Complete submissions shall include the following: (i) The name, address and phone number of the applicant; (ii) The nature of the activity to be conducted by the applicant; (iii) The location of the activity, including the jurisdiction; (iv) A map of sufficient detail to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of any disturbance in riparian buffers associated with the activity, and the extent of riparian buffers on the land; (v) An explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and protect water quality; and (vi) Plans for any best management practices proposed to be used to control the impacts associated with the activity. (c) Any disputes over determinations regarding Authorization Certificates shall be referred to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. I50B. (9) VARIANCES. Persons who wish to undertake uses designated as prohibited may pursue a variance. The Division or the appropriate delegated local authority may grant minor variances. The variance request procedure shall be as follows: (a) For any variance request, the Division or the delegated local authority shall make a finding of fact as to whether the following requirements have been met: (i) There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the riparian buffer protection requirements. Practical difficulties or unnecessary hardships shall be evaluated in accordance with the following: (A) If the applicant complies with the provisions of this Rule, he/she can secure no reasonable return from, nor make reasonable use of, his/her property. Merely proving that the variance would permit a greater profit from the property shall not be considered adequate justification for a variance. Moreover, the Division or delegated local authority shall consider whether the variance is the minimum possible deviation from the terms of this Rule that shall make reasonable use of the property possible. (B) The hardship results from application of this Rule to the property rather than from other factors such as deed restrictions or other hardship. (10) (C) The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, which is different from that of neighboring property. (D) The applicant did not cause the hardship by knowingly or unknowingly violating this Rule. (E) The applicant did not purchase the property after the effective date of this Rule, and then requesting an appeal. (F) The hardship is unique to the applicant's property, rather than the result of conditions that are widespread. If other properties are equally subject to the hardship created in the restriction, then granting a variance would be a special privilege denied to others, and would not promote equal justice; (ii) The variance is in harmony with the general purpose and intent of the State's riparian buffer protection requirements and preserves its spirit; and (iii) In granting the variance, the public safety and welfare have been assured water quality has been protected, and substantial justice has been done. (b) MINOR VARIANCES. A minor variance request pertains to activities that are proposed only to impact any portion of Zone 2 of the riparian buffer. Minor variance requests shall be reviewed and approved based on the criteria in Sub -Item (9)(a) of this Rule by the either the Division or the delegated local authority pursuant to G.S. 153A Article 18, or G.S. 160A -Article 19. The Division or the delegated local authority may attach conditions to the variance approval that support the purpose, spirit and intent of the riparian buffer protection program. Requests for appeals of decisions made by the Division shall be made to the Office of Administrative Hearings. Request for appeals made by the delegated local authority shall be made to the appropriate Board of Adjustment under G.S. 160A-388 or G.S. 153A-345. (c) MAJOR VARIANCES. A major variance request pertains to activities that are proposed to impact any portion of Zone I or any portion of both Zones I and 2 of the riparian buffer. If the Division or the delegated local authority has determined that a major variance request meets the requirements in Sub -Item (9xa) of this Rule, then it shall prepare a preliminary finding and submit it to the Commission. Preliminary findings on major variance requests shall be reviewed by the Commission within 90 days after receipt by the Director. Requests for appeals of determinations that the requirements of Sub - Item (9)(a) of this Rule have not been met shall be made to the Office of Administrative Hearings for determinations made by the Division or the appropriate Board of Adjustments under G.S. 160A-388 or G.S. 153A-345 for determinations made by the delegated local authority. The purpose of the Commission's review is to determine if it agrees that the requirements in Sub -Item (9)(a) of this Rule have been met. Requests for appeals of decisions made by the Commission shall be made to the Office of Administrative Hearings. The following actions shall be taken depending on the Commission's decision on the major variance request: (i) Upon the Commission's approval, the Division or the delegated local authority shall issue a final decision granting the major variance. (ii) Upon the Commission's approval with conditions or stipulations, the Division or the delegated local authority shall issue a final decision, which includes these conditions or stipulations. (iii) Upon the Commission's denial, the Division or the delegated local authority shall issue a final decision denying the major variance. MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation shall meet the following requirements in order to proceed with their proposed use. (a) Obtain a determination of "no practical alternatives" to the proposed use pursuant to Item (8) of this Rule. (b) Obtain approval for a mitigation proposal pursuant to 15A NCAC 02B .0242. REQUIREMENTS SPECIFIC TO FOREST HARVESTING. The following requirements shall apply for forest harvesting operations and practices. (a) The following measures shall apply in the entire riparian buffer: (i) Logging decks and sawmill sites shall not be placed in the riparian buffer. (ii) Access roads and skid trails shall be prohibited except for temporary and permanent stream crossings established in accordance with 15A NCAC 011 .0203. Temporary stream crossings shall be permanently stabilized after any site disturbing activity is completed. (iii) Timber felling shall be directed away from the stream or water body. (iv) Skidding shall be directed away from the stream or water body and shall be done in a manner that minimizes soil disturbance and prevents the creation of channels or ruts. (v) Individual trees may be treated to maintain or improve their health, forth or vigor. (vi) Harvesting of dead or infected trees or application of pesticides necessary to prevent or control extensive tree pest and disease infestation shall be allowed. These practices must be approved by the Division of Forest Resources for a specific site. The Division of Forest Resources must notify the Division of all approvals. (vii) Removal of individual trees that are in danger of causing damage to structures or human life shall be allowed. (viii) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover plants to enhance the riparian buffer shall be allowed provided that soil disturbance is minimized. Plantings shall consist primarily of native species. (ix) High intensity prescribed burns shall not be allowed. (x) Application of fertilizer shall not be allowed except as necessary for permanent stabilization. Broadcast application of fertilizer or herbicides to the adjacent forest stand shall be conducted so that the chemicals are not applied directly to or allowed to drift into the riparian buffer. (b) In Zone 1, forest vegetation shall be protected and maintained. Selective harvest as provided for below is allowed on forest lands that have a deferment for use value under forestry in accordance with G.S. 105-277.2 through G.S. 277.6 or on forest lands that have a forest management plan prepared or approved by a registered professional forester. Copies of either the approval of the deferment for use value under forestry or the forest management plan shall be produced upon request. For such forest lands, selective harvest is allowed in accordance with the following: (i) Tracked or wheeled vehicles are not permitted except at stream crossings designed, constructed and maintained in accordance with 15A NCAC 011 .0203. (ii) Soil disturbing site preparation activities are not allowed. (iii) Trees shall be removed with the minimum disturbance to the soil and residual vegetation. (iv) The following provisions for selective harvesting shall be met: (A) The first 10 feet of Zone 1 directly adjacent to the stream or waterbody shall be undisturbed except for the removal of individual high value trees as defined provided that no trees with exposed primary roots visible in the streambank be cut. (B) In the outer 20 feet of Zone 1, a maximum of 50 percent of the trees greater than five inches dbh may be cut and removed. The reentry time for harvest shall be no more frequent than every 15 years, except on forest plantations where the reentry time shall be no more frequent than every five years. In either case, the trees remaining after harvest shall be as evenly spaced as possible. (C) In Zone 2, harvesting and regeneration of the forest stand shall be allowed provided that sufficient ground cover is maintained to provide for diffusion and infiltration of surface runoff. (12) REQUIREMENTS SPECIFIC TO LOCAL GOVERNMENTS WITH STORMWATER PROGRAMS FOR NITROGEN CONTROL. Local governments that are required to have local stormwater programs pursuant to 15A NCAC 02B .0235 shall have two options for ensuring protection of riparian buffers on new developments within theirjurisdictions as follows. (a) Obtain authority to implement a local riparian buffer protection program pursuant to 15A NCAC 02B .0241. (b) Refrain from issuing local approvals for new development projects unless either: (i) The person requesting the approval does not propose to impact the riparian buffer of a surface water that appears on either the most recent versions of the soil survey maps prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent versions of the 1:24,000 scale (7.5 minute quadrangle) topographic maps prepared by the United States Geologic Survey (USGS). (ii) The person requesting the approval proposes to impact the riparian buffer of a surface water that appears on the maps described in Sub -Item (12)(b)(i) of this Rule and either: (A) Has received an on-site determination from the Division pursuant to Sub -Item (3)(a) of this Rule that surface waters are not present; (B) Has received an Authorization Certificate from the Division pursuant to Item (8) of this Rule for uses designated as Allowable under this Rule; (C) Has received an Authorization Certificate from the Division pursuant to Item (8) of this Rule and obtained the Division's approval on a mitigation plan pursuant to Item (10) of this Rule for uses designated as Allowable with Mitigation under this Rule; or (D) Has received a variance from the Commission pursuant to Item (9) of this Rule. (13) OTHER LAWS, REGULATIONS AND PERMITS. In all cases, compliance with this Rule does not preclude the requirement to comply with all federal, state and local regulations and laws. History Note: Authority G.S. 143-114.1; 143-214.7,,143-215.3(a)(1); S.L. 1995, a 572; Temporary Adoption Ejf. July 22, 1997; Temporary Adoption Ejf. June 22, 1999; April 22, 1998; January 22, 1998; EJj August 1. 2000.