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Home My WebLink About20130970 Ver 1_Approval Letter_20130916�v A Aj NCDENR Nort11, Carolina Department of Environment and ;Natural: Resources - Di:VISion of Water Resources,, Water Quality Programs Pat McCrory _ Thomas A. Reeder John E. Skvarla, III Governor Director Secretary September 16, 2013; 'DWR #:13 -09,70 Wake, County AR, CO - a'BP Products of NA Inc-affiliated company Attn: GregxF'rFisch 4850 East -49th Street,MBC =3' Room 103B Cuyahoga Heights,'01-1•44125' Subject: AUTHORIZATION'CERTIFICATE PER THENEUSE RIVER IBASIN RIPARIAN BUFFER PROTECTION ,RULES'(15A NCA'C 02B.0233) WITH'ADDITIONAL,CONDITIONS Air- Injection;:Remediation System D,ear,'Nfr,: Frisch--.° You have bur, app"roval ,for= the ir7ipacts listed beloWlor the purpose described in your application•tdated September 9,`2013' :an'd,ceceived by.the Division of Water:R'esources (Di,vision),on September7lO, 201'3. Please note that you should get any other federal, state,orlocal +permits before proceeding with your project,, ,including those rerquined' by ('but not limited fo) Sediment dnd Erosion ,Control, Non = Discharge; and; Water Supply Watershed regulations. Thi 's,Authorization,Ce_rtificate shall expire five (5) yearsfrom the date of this letter. This,app,roual-,requires�you to comply with °the ;foliowing,,conditions: 1. The following impacts are hereby approved provided that all ofthe�other specifi'c,and-,general conditions of the,Buffer Rules,are met: No other, im•pacts-are,appr „ „oved,, inel'uding incidental impacts., Type of`Irnpact Amount Approved ,(un -its)! PerMmanent, Amount Approved (units,) Temporary Buffers. 1one 1 1,0, s ware feet 275 s ouare feet IPipirig Trenches Buffers -,Zone 2 ''0 (square feet) -491 (squaeefeet), Piping Trenches Buffers =Zone 1 36 (squaiefeet)0 (squarefeet)' _ e C arolina lina North Carolina Divisiontof Water! Reso u rces 1628' Maif Service, Center Raleigh,,NC 27,699 -1628 Phonet(919),791- -4200 Internet www'ncwaterguality or-q _Location 3800 Barrett Drive 'Ra-leigh,'NC 27609' Fax x(919) 7884,159 An Equal`,OpportunitylAffirmative Acton Employer- ,50 %,Recycled110 %,Post ConsumenPabe -f - a Air Infection Remed'iati'on System DWR, #13 -0970 BUFFER APPROVAL Page 2 of 4 Well Pads, Compensatory Mitigation Required River and Sub =basin Number Buffers— Zone 2 40 (square feet) 0 (square feet) Well Pads Buffers — Zone 1 30 (square feet) 0 ('square feet) Pipe Penetration Cover Buffers — Zone 2 0 (square feet) 0 (square feet) Pipe Penetration Cover 2. No Waste, Spoil,. Solids, or Fill of Any Kind No waste, spoili;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. 3. Mitigation We understand that you have agreed to provide riparian buffer mitigation by payment into Restoration Systems' Lane Island Bank Parcel approved to serve,the Neuse HUC'03020201. A total of 198 square feet of riparian buffer ,m,itigati'on 'is required for impacting 66 square feet of riparian buffer as a result of this project. Until ,Restoration Systems receives and' clears your cheek, impacts specified' in this Buffer Authorization shall not occur. You have 60 days,from the date of this approval to.make this payment. Type of Impact Compensatory Mitigation Required River and Sub =basin Number Buffer 198 (square feet) Neuse /03020201 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, yo,u must notify the Division and you may be required to submit a new application package with the appropriate fee. If the pro 'perty,is,sold, the new owner must be given a copy of this approval fetter and is responsibleldir com,plying,with all conditions: 6. This approval and its conditions are final and binding unless contested. Air Injection Remediation System DWR #13 -0970 BUFFER APPROVAL Page 3 of 4 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'tolhe 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 One (1) copy of the petition must also be served to DENR: Lacy'Presnell, General Counsel Department of Environment and Natural Resources 1,601 Mail'Service "Center Raleigh, NC 27699 -1601 Please send one (1) copy ofthe petition to DWR: If sending, by First Class Mail via the US Postal Service: Karen Higgins NC DEN R-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 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 -79,1 -4251 or cherri.smith @ncdenr.Bov if you have any questions or concerns. A� |h]ec�onRemedia�on5y�em oWe#13'0970, DUFFER APPROVAL . - Page 4,of4 ' \/ Danny Snn VVaterQu' |ifv Section, —Ra|*iehReeoUa|Ciffim bc-. DV0ORRO4O1files Caleb Krouse;'UIRS Corporation — North. Caroffna; 1600 PeriMeter Paek-,,Drive;'M6trisville, NC 2.7560 /