HomeMy WebLinkAbout20141140 Ver 1_Approval Letter_20141114���
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
November 14, 2014
Public Works Department
Attn: Chris Johnson
222 West Hargett St., Ste. 400
Raleigh, NC 276o1
John E. Skvarla, III
Secretary
DWR # 14 -1140
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Capital Boulevard Sidewalk
Dear Mr. Johnson:
You have our approval for the impacts listed below for the purpose described in your application
dated October 6, 2014 and received by the Division of Water Resources (Division) on October 30,
2014. Please note that you should get any other federal, state or local permits before proceeding
with your project, including those required by (but not limited to) Sediment and Erosion Control,
Non - Discharge, and Water Supply Watershed regulations. This Authorization Certificate shall
expire five (5) years from the date of this letter.
This approval requires you to comply with the following conditions:
I. The following impacts are hereby approved 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. 0233(8)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers —Zone 1
250 (square feet)
520 (square feet)
Buffers — Zone 2
735 (square feet)
1,125 (square feet)
One
N Carol
Natural,
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 4200 Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 1 -877- 623 -6748
An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper
Capital Boulevard Sidewalk
DWR# 14 -1140
BUFFER APPROVAL
Page 2 of 4
2. Diffuse Flow
All stormwater shall 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)]
3. 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 Pre - Construction Notification. 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]
4. Protective Fenci
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization 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 to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
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 Buffer Authorization.
If you change your project, you must notify the Division and you may be required to submit a
new application package with the appropriate fee. If the property is sold, the new owner must
be given a copy of this approval letter and is responsible for complying with all conditions.
[15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B
by filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within thirty (30) 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).
Capital Boulevard Sidewalk
DWR# 14 -1140
BUFFER APPROVAL
Page 3 of 4
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 DENR:
John Evans, 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 -401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
If sending via delivery service
(e.g. UPS, Fed Ex):
Karen Higgins
NC DENR -DWR -401 & Buffer
Permitting 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.
Sincerely,
Danny Smith
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401 files
Scott King; Michael Baker Engineering; 8000 Regency Parkway, Ste. 600; Cary, NC 27518