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HomeMy WebLinkAbout20190002 Ver 1_Approval Letter_20190123ROY COOPER. Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim. Director Raynor Building, Inc C/O Adam Raynor 725 N Raleigh Street Angier, North Carolina NORTH CAROLINA Environmental Quality January 23, 2019 DWR #19-0002 Wake County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 0213 .0233) WITH ADDITIONAL CONDITIONS 733 E Ivy Drive- Lot 9 Fern Valley Subdivision Dear Mr. Raynor: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on December 21, 2018. 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: 1. 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 (units) Permanent Amount Approved (units) Temporary Buffers — Zone 2 B1- House Foundation 255.5 (square feet) 0 (square feet) B2 -Clear and Revegetate 0 (square feet) 953 (square feet) Clop `.a5�£a�!venmzMAl6pniNy North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628 919.791.4200 733 E Ivy Drive- Lot 9 Fern Valley Subdivision Project DWR #19-002 BUFFER APPROVAL Page 2 of 4 2. 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)] The permittee shall report to the Raleigh Regional Office any noncompliance with this certification, 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. 4. 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]. 5. Protective Fencin All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [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�pa'tnenkM Enrvarx,�aMal � North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628 919.791.4200 733 E Ivy Drive- Lot 9 Fern Valley Subdivision Project, DWR #19-002 BUFFER APPROVAL Page 3 of 4 7. This.approval and its conditions are -final and binding unless contested. [G.S. 143-215.5] This Certification and Buffer Authorization can'be'contested as provided:ih General Statute 150B byfiling a written,petition for an.administrative hearingto,the Offic6-cif Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form. may be'obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office'at (919) 431=3000 for information. A petition is considered filed when the original and one (1) copy alongiwith any applicable OAH filing fee is received in the; OAH .during normal office hours ('Monday .,through Friday between 8:00am and 5:00pm, ''xd`uuding official state holidays). The petition may be;faked to the OAH'at (919) 431-3100, provided,the original.and one copy of the petition alongvi'th any applicable OAH filingfee,is received bythe OAH,within five'(5) business daysfollowing,the faxed transmission. Mailing address for the OAH: If sending by First Class Mail If sending via'delivery service via the US Postal Service: (e.g. UPS, FedEx): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petit iori 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 If sending via delivery service .via the US Postal Service: (e.g. UPS, FedEx): Karen Higgins ' Karen Higgins ;NC'DWR - 401 & Buffer Permitting Unit NC DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center 512 N. Salisbury Street North Carolina -Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service,Center,l Raleigh, North Carolina 27699-1628 919.791.4200 733 E Ivy Drive- Lot 9 Fern Valley Subdivision Project DWR #19-002 BUFFER APPROVAL Page 4 of 4 Raleigh, NC 27699-1617 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 Erin Deck at 919-791-4200 or Erin. Deck@ncdenr.gov if you have any questions or concerns. Sincerely, 70; �� -- Rick Bolich, LG Assistant Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401/Buffer Authorization file DWR 401 & Buffer Permitting Unit file Wpw AnlenA�et EnKtrtit� Male North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628 919.791.4200