HomeMy WebLinkAbout20130984 Ver 1_Approval Letter_20130919A� 4
NC®ENR
North, Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory
Governor
McLean Company Inc.
Attn: Robbie Wainwright
72 -53M,48
Battleboro, NC 27809
Water Quality Programs
Thomas A. Reeder
Director
.September 19, 2013
John -E. Skvarla, III
Secretary
DWR-# 13 -0984
Nash, County
Subject: AUTHORIZATION CERTIFICATE PER'THE-TAR- PAMLICO RIVER BASIN RIPARIAN,BUFFER
PROTECT ION_RULES ,(15A NCACM213 :0259) WITH ADDITIONAL CONDITIC!NS
McLean Building Expansion
Dear Me. Wainwright:
You have our approval forthe impacts listed below for the `purpose described: in your application dated'
September 11, 201 -3, received by,the Division of Water Resources (Division`), on September 12, 2013. Please
note'that you should,get any other federal, .state or locale permit's before proceeding with ,your project,
including those required by (but not limited to,) Sedirrent'and Erosion Control, Non - Discharge, and Water
Supply Watersh'ed's regulations: This Authorization Certificate shall expire five (5) years from the date �ofthis
letter.
Th'is,approval requires you to, comply with, the-following, con ditions:
1. The follovving'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, includirigincidental impacts.
Type�of Impact
Amount Approved
Amount Approved
(units) i
(units)
Permanent
Temporary
Buffers —Zone 1
1,273 (square -feet)
0 (square`feet),
Buffers — ZoneL,2
1,487 (square feet)
0 ('square,feet)
One-
Nurallff Carolina
North °Carolina Division of Water Resoutces 1628 Mad Service Center "Raleigh, NC 27699 -1628 Phone (9,19) 791 -4200
Internet www ncwaterauahty org Location. 38&bafrett Drive Raleigh', NC 27609 Fax (919)788 -71%
An',Equall0pportundy /Affirmative Acton;Employer- 50% Recycled/10% P.ost'Consumer Paper
,McLean Building Expansion
DWR #13 =0984
BUFFER +APPROVAL
`Page 2-of 4,
2. Diffuse Flow
All stormwater shall- be,di'rected and maintained as,diffuse flow, at non - erosive velocities through the
protected stream buffers such, that it Will not re- concentrate before, discharging into a `stream:
3. Mitigation
We understand that you have agreed 'to provide riparian 'buffer mitigation by payment into the North
Carolina, Ecosystem Enhancement, Program (NCEEP). A, total of 6,050 square feet of riparian 'buffer
mitigation is required for impacting 2,760 square feet of "riparian buffer as a result of this project. Until
NCEE�P receives and, clears your check, impacts, specified in ,this' Bu,ff_er Authorization shall not occur. You
have 60,days_from the date of'this approval to-make this payment.
Type of7mpa l
Compensatory Mitigation Required
iRiver and Sub-basin,
Number
Buffer
6,050 (square feet)'
Tar-Parnlito /03020101
4. 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,!inclu`ding
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 standard's, statutes, or rules
occur.,
5. 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 highwisibility material) for the areas that have been approved, to infringe Within the buffer, wetl'an'd
or water prior to any land disturbing activities to ensure compliance with 15 ,NCAC 02H .05,00.
,6. Thi`s,approva`I is for the purpose and design described in your application. The plans and, specificationsfor
this project are. incorporated by reference as part of'the,Buffer Authorization. If you change your project,
you must notify the Division and you maybe required to submit a new application package withthe
appropriate fee: If the ' property+is -sold, the new, owner must;be given a copy of this, approval letter and is
responsible for co -replying with all conditions.
7. 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,wr'itten petition for an administrative hearing to the Office,of Administrative Hearings (here`by 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) ca I endar' days, of receipt of'this notice, a petition must be file&With the OAH., A
McLean Building Expansion
DWR #13 -0984
'BUFFER APPROVAL
Page 3 of 4
petition is considered'fil'ed 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;
e)kCluding 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 fili'ng,fee is received "by the OAH within five ,(5) ,business days following the
faxed transmission.
Mailing address for°the, OAH,:
Ifsending by First Class Mail
via,the US Postal Service:
Office of'Administrative, Hearings
6714 Mail Service Center
Raleigh, NC'2- 7699 -6714
If sending via delivery service -
(e.,g. UPS, FedEx):
Office of Administrative Hearings.
1711 New Hope, Church Road
Raleigh, NC27609 -6285
One (1) copy of the petition mustalso be served,to DEW!
Lacy Presnell, General Counsel
Department ,,of Environment,and ,Natural Resources
1601,M'ail Service Center
3
Raleigh, NC,27699 -1601
Please send one (1) copy of,the petition to DWR:
If sending by,First Class Mail
via the, US Postal Service:
Karen Higgins
NC "DENR. DWR — Web"scape Unit
,1650 Mail'Servi'c&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 ,
Th'i's letter completes the review ofVf6 Division und&'the Tar - Pamlico Riparian Buffer Rules;`as described in
15A NCAC 02B.02'59. Please contact,Cherri Smith at 919- 79,1 -4251 or cherri.smith @,ncdenr.gov if you have
any questions or concerns.
Sincer`ly;
L/
Danny Smit , Supervisor
WaterQu - itySecti 'onr— Raleigh,Regional'Office
,y
McLean Building Expons ion
PWR #13-0984
BUFFER APPROVAL
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John Oavs/Soi| Horizons, [mc>p.Q.8Qx1063; Youngsville, �N[27896 .
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