HomeMy WebLinkAbout20190788 Ver 1_Approval Letter_20190729ROY COOPER
Governor ,
MICHAEL. S. BEGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
July' 29, 2019
i
DWR #19-0788
Johnston County
New. Trinity Missionary Baptist Church
Attn: Michael Sims
115.5. Robertson Street
Clayton, NC 27528 ,
Subject: APPROVAL OF MINOR VARIANCE PER THE NEUSE RIVER BASIN RIPARIAN
BUFFER PROTECTION RULES.(1SA,NCAC 02B .02331) WITH ADDITIONAL
CONDITIONS
New Trinity Missionary Baptist Church New Sanctuary Building
To Whom It May Concern:
You have our approval for the impacts listed below for the purpose described in your
application dated June 12, 2018. This letter shall act as your Minor Variance Approval as
described Within 15A NCAC 02B .0233(9)(b). 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 Minor Variance Approval shall expire five (5) years from the date of this
letter.
This approval requires you to comply with the following conditions:
1. 'The following impacts are hereby approved provided that all ofthe other specific and
general conditionsbf the Buffer Rules are met.' No other impacts are approved, including
incidental impacts. [15A NCAC 02B. 0233(8)]
t
Type of Impact
Amount Approved
(;units);
Permanent
Amount Approved
(units)
Temporary,
Buffers"— Zone 2
131: Church Building
774 (square feet)
0 (square feet)
132: Bioretention Cell
'268 (square feet)
0 (square feet)
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New Trinity Missionary Baptist Church New Sanctuary Building
DWR #19-788
MINOR VARIANCE APPROVAL
Page 2 of 4
2. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to
Zone 1 of the protected riparian buffers unless otherwise approved by the DWR. No
impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWR. [15A
NCAC 2B .0233(4)(a)]
3. Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from Wildlands Engineering to meet this
mitigation requirement. Until Wildlands Engineering receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to Wildlands Engineering to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
4. Diffuse Flow
All stormwater must be directed and maintained as diffuse flow at non-erosive velocities
through the protected stream buffers such that it will not re -concentrate before discharging
into a stream. [15A NCAC 02H .0506(b)(5)]
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved shall be clearly marked with orange warning fencing (or similar
high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities. [15A NCAC 02H .0506 (b)(2) and
(c)(2) and 15A NCAC 02H .0507 (c)]
6. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
Compensatory
Bank Sponsor
River & Sub -basin Number
Mitigation Required
Buffer -Zone 2
1,563 (square feet)
Wildlands Holdings II, LLC
03020201
Not in Falls Lake Watershed
4. Diffuse Flow
All stormwater must be directed and maintained as diffuse flow at non-erosive velocities
through the protected stream buffers such that it will not re -concentrate before discharging
into a stream. [15A NCAC 02H .0506(b)(5)]
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved shall be clearly marked with orange warning fencing (or similar
high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities. [15A NCAC 02H .0506 (b)(2) and
(c)(2) and 15A NCAC 02H .0507 (c)]
6. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
New Trinity Missionary Baptist Church New Sanctuary Building
DWR #19-788
MINOR VARIANCE APPROVAL
Page 3 of 4
This Minor Variance Approval can be contested as provided in Articles 3 and 4 of General
Statute 150B by filing a written petition for an ad ministrative,hea ring to the Office of ,
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the
OAH at-http://www.nc6ah.com/ or' by calling the OAH Clerk's Office at (919) 431-3000 for
information.
Within sixty (60) calendar days of receipt of this notice, a .petition must be filed ,with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office. hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
'Office of Administrative Hearings
6714 Mail Service Center.
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental. Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service
Karen Higgins
NC DWR —.401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
r
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC"27604
New Trinity Missionary Baptist Church New Sanctuary Building
DWR #19-788
MINOR VARIANCE APPROVAL
Page 4 of 4
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B .0233. Please contact Stephanie Goss at 919-791-4256 or
stephanie.goss@ncdenr.gov if you have any questions or concerns.
Sincerely,
Karen Higgins
Supervisor, 401 & Buffer Permitting Branch
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit
Kevin Martin via e-mail at kmartin@sandec.com