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HomeMy WebLinkAbout20201190 Ver 1_Buffer Approval Letter_20201008ROY COOPER Gover n or MICHAEL S, REGAN Secretary S. DANIEL SMITH Director October 6, 2020 NORTH CAROLINA Environmental Quality DWR #20-1190 Wake County Oak City Assets, LLC. 9650 Strickland Road, Suite 103-205 Raleigh, NC 27615 Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS 404 E. Chatham Street, Apex To Whom It May Concern, 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 September 14, 2020 with additional information received on October 6, 2020. This letter shall act as your Authorization Certificate Approval as described within 15A NCAC 02B .0611(b). 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: 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. 0714]. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 131: Addition 72 (square feet) 0 (square feet) 132: Addition 14 (square feet) 0 (square feet) 136: Porch Addition 16 (square feet) 0 (square feet) Buffers — Zone 2 133: Porch Addition 31 (square feet) 0 (square feet) 134: Addition 54 (square feet) 0 (square feet) 135: Porch Addition 136 (square feet) 0 (square feet) D Q 7,� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 404 E. Chatham Street, Apex DWR #20-1190 BUFFER AUTHORIZATION APPROVAL Page 2 of 4 2. Dispersed Flow All stormwater must be directed and maintained as dispersed flow, as defined in 15A NCAC 02H .0100, 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. Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received a Statement of Availability letter from EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank (EBX-Neuse 1), RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank (EBX) to meet this mitigation requirement. The specific bank site to be debited will be Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Polecat, Hannah Bridge, Meadow Spring, Uzzle, Poplar Creek, Bucher and Stone Creek all located in HUC 03020201. Until EBX-Neuse 1, or EBX receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to EBX-Neuse 1, LLC or EBX to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)1: Compensatory Mitigation Bank Sponsor River & Sub -basin Required Number Buffer- Neuse: 03020201-Outside 306 (square feet) EBX-Neuse I, LLC or EBX Zone 1 Falls Lake Watershed 4. No Additional Zone 1 Impacts No impacts (except for "Deemed Allowable" uses as identified within 15A NCAC 02B .0714 (11) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWR. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWR. [15A NCAC 02B .0714 (8)(a)] 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 .02001 including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .02001. 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, 404 E. Chatham Street, Apex DWR #20-1190 BUFFER AUTHORIZATION APPROVAL Page 3 of 4 eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 6. No Waste. Saoil. Solids. or Fill of Anv 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 .05021. 7. 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 and its conditions are final and binding unless contested. [G.S. 143-215.51 This Buffer Authorization can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. 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. 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). 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 404 E. Chatham Street, Apex DWR #20-1190 BUFFER AUTHORIZATION APPROVAL Page 4 of 4 One (1) copy of the petition 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 via the US Postal Service: Paul Wojoski NC DWR —401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Paul Wojoski NC 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 .0714. Please contact Stephanie Goss at 919-791-4256 or Stephanie.Goss@ncdenr.gov if you have any questions or concerns. Sincerely, DOCUSigned by: S 'U611-4� 8CDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: DWR RRO 401/Buffer Authorization file DWR 401 & Buffer Permitting Unit file Jeff Fike via email at *efffikel30@gmail.com