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HomeMy WebLinkAbout20201218 Ver 1_NBR Approval Letter_20201210DocuSign Envelope ID: 1 F88921 B-5E97-41 DD-903D-FAAF697E4A1 E ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Town of Cary Attn: Eric Kulz P.O. Box 8005 Cary, NC 27512-8005 NORTH CAROLINA Environmental Quality December 9, 2020 DWR # 20201218 Wake County Subject: AFTER -THE -FACT APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Ellyn Drive Culvert Replacement Dear Mr. Kulz: You have our approval for the impacts listed below for the purpose described in your application dated November 6, 2020, received by the Division of Water Resources (Division) on November, 10, 2020. These impacts are covered by the Neuse River Buffer Rules and the conditions listed below. 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. The following impacts are hereby approved, provided that all of the Conditions listed below and all of the conditions of the Neuse River Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B Neuse .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 B1: Sanitary Sewer Line 0 (square feet) 1,472 (square feet) B2: Sanitary Sewer Line 141 (square feet) 0 (square feet) Buffers — Zone 2 B1: Sanitary Sewer Line 0 (square feet) 1,052 (square feet) B2: Sanitary Sewer Line 22 (square feet) 0 (square feet) D North Carolina Department of Environmental Quality Division of Water Resources E Q�� Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA Oepa"ment of Envi—mental Quail /`� 919.791.4200 DocuSign Envelope ID: 1 F88921 B-5E97-41 DD-903D-FAAF697E4A1 E Ellyn Drive Culvert Replacement DWR# 20201218 Buffer Authorization Certificate Page 2 of 3 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 this Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)] If you are unable to comply with any of the conditions below, you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0714]. 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. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Authorization Certificate 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 ,ittp://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. 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 DocuSign Envelope ID: 1 F88921 B-5E97-41 DD-903D-FAAF697E4A1 E Ellyn Drive Culvert Replacement DWR# 20201218 Buffer Authorization Certificate Page 3 of 3 This letter completes the review of the Division under the Neuse River 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: 8CDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Eric Kulz, Town of Cary, (via email) DWR 401 & Buffer Permitting Branch electronic file DWR RRO 401/Riparian Buffer electronic file