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Home My WebLink About20140130 Ver 1_Approval Letter_20140220NCDENR North;'Carolina Deparl-ment of 'Environment °and NatUral Resources Division� of 'Water Resources, Water Quality ;Programs Pat McCrory Thomas �A. Reeder- John E. Skvarla, 11'11 Governor Director Secretary February'20,1014 Town of Hillsborough,' At m7erry Hackett 101 East Orange Street Hillsborough, NC,27278, DW'R # 14 -0130 Orange County Subject: AUTHORIZATION.CERTIFICATE PERTHE'NEUSE RIVER 1BASIN'RIPARIAN BUFFER'PROTECTION RULES,(15A NCAC 02B.'0233) WITH'ADDITIONAL CONDITIONS - Riverwalk;= Phase 111 Dear'Mr. 'Hackett: You have our,approval'for-the impacts listed below for the purpose described in your - application, dated Jan uar'y,3'1,.2014 and', received: bythe,Diui'sion,of•Water Resources (Qlvi'sion) on,FebTuary7, 2014. PI'ease note 'that you should,get any other federal, state or•local permits before proceeding with:your�project, lincluding those required'by (but not.limited'to) Sediment,and Erosion Control, Non = ,Discharge, and`Water:Supply 'Watershed regulations'. TliisAuthorization Certificate shall ekpirefi,�e'(5) years,from�the dateAof` this letter. This,ap,prova_I requires you tocorripl'y with the following conditions: 1. The,following impacts, are hereby, approved provided that a, 11 of1he othe "r specific,aand general con`ditions of ,the. Buffer Rulesare met. Nocither impacts are °approved, inc-'luding =incidental impacts. Type of Impact Amount Approved'' AfnountApproved ',(units) '(units) Permanent - Telthporary I Buffers, =Zone 2 1;916 (square'feet) 0 (square -feet) 2. Diffuse ,Flow All,stormwater shall be directed and maintained as,diffuseflow at non- erosive,velocitiesihrough the, protected strearn buffers such, thatitwillAdt re- concentrate before di "scharging into a�str-eam. One' No Carolina Naturally North Carolma0ivision of Water'Resources 1628',Mai[ Service�Centef, Raleigh, NC "27699 -1628 Phone (919) 791,4200 Internet_ .wwwncwate_rguality -org .Location -43800 Barrett, Drive Raleigh, NC 27609 FaX (91 9) 788 -7159 An Equal OpportuhV/ATirmative Action Employer - 50% Recycled110% Post Consumer, Paper Riverwalk — Phase III DWR# 14 -0130 BUFFER APPROVAL - Page 2 of 3 3. No Waste, Spoil, Solids, or Fill of Any Kind A 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 Tencin The outside buffer; wetland or water boundary and' along the construction corridor within. these boundaries, approved under this authorization -shall be clearly ma -ked --with ,orange warning fencing (or similar'high visibility material) for the areas that have been approved toinfringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. 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 yourpro'ect, you must notify the Division and you may be required to submit;a new 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,Author,ization 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.corb or by calling the OAH Cl'erk's Office at (919) 431 73000 for information. Within thirty (30) 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 floss 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)a Office of Administrative Hearings 1711 New`Hope Church Road Raleigh, NC'2,7609 -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 Riverwalk —Phase III DWR# 14 -0130 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. Sincerel Danny Smith Supervisor, Water Quality Regional Operations Section cc: DWQ RRO 401 files Terry Boylan; Summit Design & Engineering Services; 504 Meadowland Drive; Hillsborough, NC 27278