The URL can be used to link to this page

Home My WebLink About20220210_Neuse_River_AuthorizationOocuSign Envelope ID: EFOEFA07-AC4E-4595ACBA-F3DFA4CDOFB7 ROY COOPER Governor ELIZABETH S. BISER secretary S. DANIEL SMITH Director Wake Stone Corporation Mr. Sam Bratton PO Box 190 6281 Knightdale Blvd Knightdale, NC 27545-0190 NORTH CAROLINA Environmental Quality February 10, 2022 RECEIVED nn LAND QUALITY MINING PROGRAM D W R # 2017-1487v5 Wake County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS Wake Stone Corporation —Triangle Quarry— Bridge Across Crabtree Creek Dear Mr. Bratton: You have our approval for the impacts listed below for the purpose described in your application dated October 13, 2021 and received by the Division of Water Resources (Division) on the same day. Additional information was requested December 1, 2021 and was received on December 9, 2021 and December 13, 2021. This Authorization Certificate shall expire five (5) years from the date of this letter. These impacts are covered by the Neuse River Basin Riparian Buffer Rules (15A NCAC 02B .0714, .0611, and .0610) and the conditions listed below. 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 approval requires you to follow the following additional conditions: 1. The following impacts are hereby approved upon issuance of modified Mining Permit 92-10 allowing for mining activities on the "Odd Fellows Tract" property and provided that all of the other specific and general conditions of the Buffer Rules are met. No other impacts are approved, including incidental impacts [15A NCAC 02B .0611(b)(2)]: Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers —Zone 1 Bridge 6,404 (square feet) 0 (square feet) Buffers —Zone 2 Bridge 5,645 (square feet) 0 (square feet) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11650 Mail Service Center I Raleigh. North Carolina 27699-1650 919.707.9000 DocuSign Envelope ID: EFOEFA07-AC4E-4595-8CBA-F3DFA4CDOFB7 Wake Stone Corporation Bridge Across Crabtree Creek Buffer Authorization DWR# 20171487 v5 Wake County Page 2 of 3 2. Dispersed Flow All stormwater must be directed and maintained meet dispersed flow as defined in 15A NCAC 02H .1002. Any stormwater release must at non -erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream. [15A NCAC 02B .0714(9)] 3. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this approval letter and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)] 4. The permittee shall report to the Raleigh Regional Office any noncompliance with this Authorization Certificate, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 D_E Q J North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury street 1 1650 Mail Service Center I Raleigh. North Carolina 27699-1650 wkaw__� 919.707.9000 DocuSign Envelope ID: EFOEFA07-AC4E-4595-8CBA-F3DFA4CDOFB7 Wake Stone Corporation Bridge Across Crabtree Creek Buffer Authorization DWR# 20171487 v5 Wake County Page 3 of 3 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization in accordance with N.C.G.S 15013-23(a). This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Authorization Certificate shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. This letter completes the review of the Division under the Neuse River Basin Riparian Buffer Rules. Please contact Paul Wojoski at 919-707-9015 or Paul.Wo'oskiPncdenr.gov if you have any questions or concerns. Sincerely, E DocuSIgned by: W1eI 948D91 BA53EF4EO... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch cc via email: Bob Zarzecki, Soil and Environmental Consultants Brian Wrenn, DEMLR DWR RRO DWR 401 & Buffer Permitting Branch file Filename: 2017-1487_Ver_5 Wake Stone_Corporation_Bridge(Wake) NRB �0-9 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Cmter I Raleigh, North Carolina 27699-1650