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HomeMy WebLinkAbout20131240 Ver 1_Approval Letter_20210413 April 13, 2021 DWR # 20131240 v4 Wake County Harshavardhan Tummalpally 336 Euphoria Circle Cary, NC 27519 Subject: Buffer Authorization with Major Exception for Neuse River Riparian Buffer Impacts with Additional Conditions (15A NCAC 02B .0714) 5201 Trinity Road Mr. Tummalpally, You have our approval for the impacts listed below for the purpose described in your application dated May 9, 2020, received by the Division of Water Resources (Division) November 25, 2020, with subsequent information received on February 11, 2021. This request was Public Noticed on April 3, 2021 pursuant to 15A NCAC 02B .0611. This letter shall serve as your Authorization Certificate with Major Exception approval with conditions as authorized in 15A NCAC 02B .0611. This letter only addresses impacts to the regulated riparian buffer and does not approve any activity within Waters of the United States or Waters of the State. 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 approval requires you to follow the conditions listed below: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Neuse River Riparian Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0611, 15A NCAC 02B .0714] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers – Zone 1 27,382 (square feet) 0 (square feet) Buffers – Zone 2 16,591 (square feet) 0 (square feet) 2. No additional impacts, other than exempt uses as identified within 15A NCAC 02B .0714 or impacts approved by a Buffer Authorization issued separately from this approval by the Division, shall occur within the protected riparian buffer unless approved. DocuSign Envelope ID: B41BFEA9-6C86-4A6B-9B83-14622ED8B2EB 3. Compensatory Mitigation Plan Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Resource Environmental Solutions (RES) dated November 18, 2020 to meet the buffer mitigation requirement. Until RES 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 these entities to meet the following compensatory mitigation requirement [15A NCAC 02B .0611(b)(1)(i), 15A NCAC 02B .0714(12)]: Compensatory Mitigation Required River and Sub-basin Number Riparian Buffer 107,032.5 (square feet) Neuse 03020201 4. 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 Authorization with Exception. 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 approval letter and is responsible for complying with all conditions. [15A NCAC 02B .0714(b)(2)] 5. This approval grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02B .0611] This approval and its conditions are final and binding unless contested. This Authorization Certificate with Major Exception 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). 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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 DocuSign Envelope ID: B41BFEA9-6C86-4A6B-9B83-14622ED8B2EB 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 This letter completes the review of the Division for the Neuse River Riparian Buffer Rules as described in 15A NCAC .0714 and 15A NCAC 02B .0611. Please contact Rick Trone at rick.trone@ncdenr.gov if you have any questions or concerns. Sincerely, Paul Wojoski, Supervisor 401 & Buffer Permitting Branch cc: Bob Zarzecki, Soil and Environmental Consultants (via email) Laserfiche File Name: 20131240 Ver 4_5201 Trinity Road_Wake_NRB_EXCEPTION DocuSign Envelope ID: B41BFEA9-6C86-4A6B-9B83-14622ED8B2EB