HomeMy WebLinkAbout20051528 Ver 3_Approval Letter_201308074
NC®ENR
North Carolina Department of Environment and Natural Resources
Division ,of Water Resources
Pat, McCrory
Governor
Sunset Pointe, Homeowners Association
Attn:.Jimmy Gaskins
5400 TrinityRoa`d, Ste. 107
Raleigh, NC 27607
Water Quality Programs
Thomas A. Reeder
Director
August 7, 2013
John E. Skuarla, III:
Secretary
DWQ # 05- 1528v3
Wake County
Subject: AUTHORIZATION, CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION
RULES,(15A NCAC 02B,.,0233) WITH ADDITIONAL CONDITIONS
Sunset'Pointe.Greenway Boardwalk
Dear Mr. Gaskibs:
You have our approval,for-the impacts listed below for the, purpose described in your•application dated July
29, 2013, received by the Division of Water Resources (Division) on July 3'1,'2013. 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 td)'Sediment and' Erosion Control, Non- Discharge,'and Water- Supply Watershed regulations.
This .Authorization -Certificate, shall gxpire'five (5) years from the date of th'is.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.
Type of Impact
AmountApproved
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers— Zone'1
600 (square feet)
0, (square feet)
Buffers.— Zone 2,
400 (square feet)
0 ,(square feet)
NVo e Carolina
Ndtura!!k
North Carolina Division of Water Resources 1:628 Mad Service Center Raleigh; NC 27699- 1628,PIione (919)'791 -4200
Internet www ncwaterouality or9 Locatiorn 3800'Barrett -,Drive Raleigh;, NC 27609 Fax (919)`788 -71'59
An Equal, Oppor unitylAffrmaUve,Action ;Employer- 50% Recycled11 0% Post Consumer Paper
Sunset Pointe
DWQ# 05- 15280
BUFFER APPROVAL
Page 2 of 3
2. Diffuse Flow
All stormwater shall be directed and maintained as diffuse flow at non- erosive velocities through the
protected stream buffers such that it1willnot re- concentrate before discharging into a stream.
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.
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland
or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500.
5. 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 anew 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.
6. This approval and its conditions are final and binding unless contested.
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known
as OAH). 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.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
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
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWQ:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWR — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR — Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
Sunset Pointe
DWQ# 05- 1528v3
BUFFER APPROVAL
Page 3 of 3
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A
NCAC 02B .0233. Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any
questions or concerns.
Sinc rely,
GJ
121
anny Smit pervisor
Surface W ter Protection — Raleigh Regional Office
cc: DWQ RRO 401 files
Thomas Speight; Bateman Civil Survey; 200 North Main St.; Holly Springs, NC 27540