HomeMy WebLinkAbout20140578 Ver 1_Approval Letter_20140617WREN -R=
North Carolina, Department of Enviroriment and Natural Resources
Pat McCrory Jbhn'E. Skvarla, III
Governor Secretary
June 17,2014
DWR #'14 -0578
Wake County
'H'erbert Bailey
116 Evans Estates Dr.
Cary; NC'27518
Subject: AUTHORIZATION CERTIFICATE PER THE, NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC;02B'.0233) WITH ADDITIONAL.CONDITIONS
Bailey'Park Lane Subdi,\iision,Aeeial Crossing
Dear Mr, Bailey:
You(have our approvalfor'the impacts listed below. for`the,,purpose described in your application.
dated June 5, 2014 and received by the Division of`Water Resources'(Division) on Jl.ine•5, 2014.
Please, note that your should get,any'other federal,- state or' local permits before proceeding with
yourproject, including those requir<ed,by'(but,not,limited to,) Sediment, and Erosion Control; Non
Discharge; and'Wa`te'r,Supply Watershed regulations. This Authorizationtertificate, shall ekpire
five�(5) years from the date ofthis letter:
This approval requires you to comply With the following conditions:,
1. The,fo,ll'owing impacts are hereby approved provided that all,of-the other specific °,and general
conditions,of�the,Buffer,Rules are met. �No other ii,,npacts,°are approved,'including,incidental
impacts.
Type,of Impact
Amount Approved
Amount Approved
(units) '
(units)
Permanent_,
Temporary
Buffers,- Zone `1_
1,200 (square feet)
0 ;(square feet)
Buffers — 2one "2
400 (square feet)_
0 .(sq"uare ,feet)
One-
No hCarol,
Natural
SNorth, Carolma Division dWaterResources, I,62 &Mad Service Center Raleigh „NG'27699 -1628 Phone, (910),791-4200 Customer Service
Internet- .,wwwlncwateiqualrty�org, Location,3800 Bazrett Drive, 161 gh,'NC'27609 'Fax (919)788 -7,1-59 1- 877- 623 =6748”
An Equal Opportunq/Affirmative Action Employer — 50% Recycled1,10%IP6st ConsumerPape-r
Bailey'Park Lane SD Aerial crossing
DWR# 14 -0578
BUFFER_ APPROVAL
Page 2 of 3
,2. No Waste, Spoil, Solids, or -Fill of Any Kind,
No waste, spoil, solids; or fill,of anykind shall occur in wetlands;, waters; or riparian area-s'
beyond the,footprint of the impacts depicted in, the, Pre- Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion,control BestiManagement Pr,=actices, shall, be,performe&sosthat no
violations of'state water qualitystandards, statutes,orrules occur.
I Protective Fencing
-The outsi'de�buffer, wetland or water boundary,and along,the construction corridor,wit'hin,
,the'se boundaries approved- under,thi 's'authoeization, shall be dearly ,.markedwith orange
- Warning•fencing ,(or,similar highi visibility,material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing-activities to ensure
,com,pliance with '15 NCAC 02H :0500..
4. This approval, is for the,purpose and design described in your,application. The plans�an -d
,specifications for this project are incorporated by reference as part of,the� Buffer Authorization.
If'you ,change your project, you must notify,the,Division and you maybe required'to submit a
new application, 'package with the `appropriate,fee..If the property i's sold; the new owner must,
�ibegiveri a copy of this approval letter and'is responsible fo,r,complying;with all, conditions;
5. This approval and its conditions are final and binding unlessxontested:
This, Buffer Authorization can Abe contested as- provided ,in, Articl'es.3` and 4 o,f'General Stat•ute,1506
by fili'ng,a written petition for an administrative hearing to the Office of,Administrative Hearings
(hereby known as OAH). .A petition.form maybe obtained from the,OAH at
http- -.HWWw -.ncoah .,com/ or byicalling the OAH' Clerk's Office at (919) 4314000,f6r information.-
Within thirty (30) calendar- days`of receipt of'this notice, a ipetition must be filed with th-e 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 betweewg:00am
and'5-.00pm, excluding,officia'I state holidays).
The, petition maybe faxed to the OAH at (91,9),431 -3100, providecl�the original' and one copy of=the
petition alon&w,ith any app'licable'OAH filing fee is received bythe' OAH °within,five,(5),lb'usiness
days,followingthe,fixed transmission.
Mailingadd_ress,for theOAH:
If sending by First Class Mail If sending via delivery'service,
via the US'Postal Service: (e.g. UPS, FedEx):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Bailey Park Lane SD Aerial Crossing
DWR# 14 -0578
BUFFER APPROVAL
Page 3 of 3
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWQ:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWR — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B .0233. Please contact Cherri Smith at 919 - 791 -4251 or
cherri.smith @ncdenr.gov if you have any questions or concerns.
S' rely,
Danny Smith
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401 files
Donald Sever; Hugh J. Gilleece and Associates; 875 Walnut Street, Ste. 360; Cary, NC
27511