HomeMy WebLinkAbout20130548 Ver 1_Approval Letter_20130821NC®ENR
North Carolina Department of Environment and Natural Resources -
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
August 21, 2013
New Hope Development Partners, LLC
Attn: Lindsay Sewell
4904 Water Edge Drive
Raleigh, NC 27606
DWR # 13 -0548,
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION
RULES (15A NCAC,026.0233) WITH ADDITIONAL CONDITIONS
New Hope Development — Lot 2
Dear Ms. Sewell:
You have�our approval for the impacts listed below for the purpose described in your application dated May
22, 2013 and received by the Division of Water Resources,(Division) on August 12, 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 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:
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
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
'Buffers — Zone 1
980 (square feet)
0 (square feet)
Buffers — Zone 2
445 ('square feet)
10, (square feet)
Z. Stormwater Management Plan_(SMP) Approval from Local Community Required
Because the locally approved SMP is being used to satisfy the diffuse flow provisions of the Neuse Buffer
Rule, you are required to provide one copy of`the approved SMP, including plan details oil full -sized plan
o e_ Carolina
J1�atura!!�
North Carolina Division of Water Resources 1628 Mad Service Center Raleigh, NC °27699 -1628 Phone'(919) 791 -4200
Internet www ncwaterguality org Location -3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159
An Equal Opportunity /Aftrmatve Acton Employer- 50% Recycled /10% Post Consumer Paper
New Hope Lot 2
DWR - #13' oS48
BUFFER APPROVAL
Page 2 of'3
sheets, with proof of °the City of Raleig'_h's approval. The approved,SIVIP,shall Abe subtrgitted to the DWR,
Webscape Unit (T650 Mail Service Center, Raleigh, NC 27699 -1650) before any impacts authorized in this
certification occur. A'ftet'it is approved and submitted to the,Divisi'on,,the SMP may not be modified
without prior written_ authorization from the City of Raleigh. If the SMP`is•mod'ified in the future, then.
you shall provide one enodified SMP with proof of approval to the.DWR Webscape Unit prior to the
commen'cementiof'the modifications.
3. No Waste„ Spoil, Solids, or Fill of Any Kind
No-waste,, spoil, solids, or'fill of any'kind shall occur'i'n wetlands, waters; or,riparian areas beyond the
footprint of the�,impacts depicted in the Pre - Construction Notification. All construction activities, including
the design, installation, operati'on,,and rraintenance'of'sediment -and erosion control Best Management
Pr,,actices,,shall ' be performed'soAhat, no violations of:statewa;ter quality, °standards, statutes, or rules
occur.
4. ,Protective Fencing
The outside buffer,, wetland or water boundary and along the construction corridor" within these
b'oundaries> approved `under' this auth_orizatiorn shall be clearly marked with orange warning fencing, (,or
similar high visibility materia'I) for the areas that have, been approved to infringe with Iin',the buffer,, Wetland
or water prior to,any,l'and disturbingactiuities toeh, sure compliance with. 15 NCAC 02H .0500.
5. This approval is,for the purpose and, design' described'in your application. The plans and ,specifications for
thiss project are incorporated by "reference,as,part of the Buffer Authorization'. If you change your project,
you imust'notify the DiVision'and you may be required to submit a new application package with ithe
appropriate fee,. If the-property,is,so''Id, the:new owner must be given,'a_ copy of this approvaldletterand �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 Articl'es3and 4 of General Statute, 150B by
filing a written petition foe an,administf=ative hearing to,the Office of Administrative Hearings (hereby known
as'OAH). A petition form maybe obtained from the OAH at,http: / /www.ncoah.com/ or• by_calling the, OAH
Clerk's�Office at, (919) 431 -3000 for information.
Within,sikty(60) calendar days,,of'recei'pt,'of this notice, a petition imust be filed'with the, OAH. A,
,petition is considered filed when,the original an'd one (1),copy alongwith anyapplicable OAH'filing,fee is
,received,in the OAH during normal officehours (Mond`ay,through Friday between,8:00am and�5 00pm,,
excluding official state holidays).
The,petition may be faxed'to`the�OAH at (9�T9) 431 `3100; provided the°origina_'Iand'one copy ofthe petition
alongwithany applicable OAH,filing,feelis received by the OAH within five (5') business days following,the
faxed transmission.
Mailing - address for,the.OAH:
IIf sending by, First Class Mail ff+send/ng° via delivery,service-
via the US.Posta/Sery ce: c `(e.g. UPS, FedEx):
Office�ofAdministrative ,'Heari'ngs Office. of Ndministrative,'Hearings,
6714 - Mail,Servi- te�Center 1711 New Hope Church Road
,Raleigh, NC'27699 =6714 Raleigh, N,C.27609 -6285
One (1),cdpy�of•the petition,must.also'be served t6 -DENR:
Lacy Presnell, General Counsel
Depattfnent,of'Envireonment,and INatb' cal: Resources
1601 Mail Service Center
Raleigh, NC',27699 =1601
Please,send, one f l)' copy_ of the petition to DWR:
,If sending'by ^F,irst,Class °Mail
via the US,P,dstal Service:
Karen Higgins
NC :DENR -DWR —,W, ebscape Unit
1650 Mail, Service= Center
Raleigh; NVC 27699 -1650
If sending via deliveryyservice
(e.g. UP.S,TedEx):
Karen Higgins
NC DENR; _U
'DWR — Webscape nit
512 N. Salisbury Street
'Raleigh; NC 27604
New Hope,Lot°2
I WR, #1,3 =0548
BUFFER APPROVAL
Page 3 of`3
'Th -is letter cor:npletes the lrevievii of the Division under the Neu'se Ri'par'ian Buffer .Rules.as described in 15A
NCAC.'02B4O233:, Please,cgntact Cheeri Srriith,at 919-791-4251 or- cheitiamith@ncdenr.gdv,if�you have any
questions or concerns.
r
ince_ .ly,
nyS'rrii Super=visor
Surface -`,ater Pr6tection — `R41ceigh °Regio;nal- Office
cc: IDft,11ROu4:01 files
Jjm Roth ;,COLE'Desigp,,GroUp; 10777-ISunset "Office Drive- 8- t. L6u`i's,.MO 63117