20171487 Ver 2_Perimeter Fence_NBR_Wake_Denial_20200721

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Raleigh -Durham Airport Authority
Attn: Michael Landguth, President
NORTH CAROLINA
Environmental Quality
July 21, 2020
DWR #17-1487 v2
Wake County
1000 Trade Drive
P.O. Box 80001
RDU Airport, NC 27623
DELIVERED VIA EMAIL
COPY VIA CERTIFIED MAIL: 7018 1830 0002 1970 0089 - RETURN RECEIPT REQUESTED
Subject: DENIAL OF BUFFER AUTHORIZATION APPLICATION
Raleigh -Durham Airport Authority -Enhanced Security Perimeter Fencing
Dear Mr. Landguth:
On March 5, 2020, the Division of Water Resources (Division) received your application
requesting a Riparian Buffer Authorization Certificate pursuant to the Neuse River Riparian
Buffer Protection Rules (15A NCAC 02B .0233) from the Division for your project. The Division
requested additional information on April 22, 2020 and received Raleigh -Durham Airport
Authority's (RDUAA) response on May 22, 2020. In the response, RDUAA stated that the
project's buffer impacts fit in the Neuse River Riparian Buffer Protection Rules Table of Uses
[15A NCAC 02B .0233(6)] as: "protection of existing structures, facilities and stream banks when
this requires additional disturbance of the riparian buffer or the stream channel." (RDUAA's
additional information response to Division, May 22, 2020.)
After reviewing the application and additional information provided, the Division has
determined that the proposed impact to riparian buffers does not fit in the Table of Uses in 15A
NCAC 02B .0233(6) as "protection of existing structures, facilities and stream banks when this
requires additional disturbance of the riparian buffer or the stream channel."' The purpose of
and historical application of this item within the Table of Uses is to authorize the stabilization of
streambanks that are threating existing physical structures, which are circumstances not
' RDUAA's additional information response dated May 22, 2020 states that RDUAA obtained NCDEQ Raleigh Regional Office
"verbal concurrence" with RDUAA's determination that the proposed buffer impacts fall under the allowable use of `protection of
existing structures, facilities and stream banks when this requires additional disturbance of the riparian buffer or the stream
channel." After speaking with all DWR staff who attended those meetings, DWR respectfully disagrees that it provided "verbal
concurrence" with RDUAA's determination. Further, providing such a verbal concurrence during a pre -application meeting would be
unusual and atypical.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
m)ryrNcmom itiA
o.�ro�em or Ew�����a�:r� �./� 919.707.9000

Raleigh -Durham Airport Authority
Enhanced Security Perimeter Fencing
Denial of Application
DWR #17-1487 v2
Page 2 of 3
present here. This item within the Table of Uses is not intended to authorize buffer impacts to,
as stated in your additional information response, "protect ... property" or to "prevent
trespassing" or to "protect [a landowner] from any potential liabilities associated with
trespassers." Portions of the proposed security fence will encircle undeveloped property where
no existing structures or facilities are present. Other portions of the proposed fence are
redundant to existing airport facility fencing and thousands of feet from existing structures.
Moreover, the current proposal includes a 10-foot permanent maintenance corridor on each
side of the fence for "routine" patrols by law enforcement and maintenance personnel. A
maintenance corridor for a new fence and patrol corridor is not within the scope of this item in
the Table of Uses [15A NCAC 02B .0233(6)] and is more appropriately defined as a road.
Additionally, DWR is concerned about the potential for increased and ongoing vehicular traffic
within the buffer.
Therefore, the Division can not process your application as submitted and can not grant an
Authorization Certificate pursuant to 15A NCAC 02B .0233(8). Your Buffer Authorization
Application is hereby denied.
You may re -apply to the Division including a complete application package. If you re -apply,
please note that Rule 15A NCAC 02B .0233 has been re -codified in 15A NCAC 02B .0714, 15A
NCAC 02B .0610, 15A NCAC 02B .0611, 15A NCAC 02B .0612, effective June 15, 2020.
The Division's decision 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 150B 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 [phone].
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
Please be aware that you have no authorization under Title 15A NCAC 02B .0233 (now 15A
NCAC 02B .0714), the Neuse River Riparian Buffer Rules for this activity and any work done

Raleigh -Durham Airport Authority
Enhanced Security Perimeter Fencing
Denial of Application
DWR #17-1487 v2
Page 3 of 3
within waters of the state or regulated Riparian Buffers may be a violation of North Carolina
General Statutes and Administrative Code.
Please contact Paul Wojoski at 919-707-3631 or [e-mail] if you have any
questions or concerns.
Sincerely,
S. Daniel Smith, Director
Division of Water Resources Division
cc: DWR RRO
DWR 401 & Buffer Permitting Unit via Laserfiche
Bob Zarzecki, S&EC via e-mail at [e-mail]
File: 17-1487 v2 RDU Airport Auth. Perimeter Fence_NBR_Wake_Denial