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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 . Page 4cf'4 / co: r»»«l.RRO"401fi|es John Oavs/Soi| Horizons, [mc>p.Q.8Qx1063; Youngsville, �N[27896 . ' `