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Home My WebLink About20131240 Ver 1_Approval Letter_20140221PAI Z4,L*) A C"�2D _EN R North Carolina Department of Environment and Natural Resources Pat McCrory Governor Harshavardhan Tummalpally 336 Euphoria Circle Cary, NC 27519 Water Quality Programs Reeder Thomas A. Director February 21, 2014 John E. Skvarla, III Secretary DWR # 13 -1240 Wake County Subject: Authorization of Neuse River Riparian Buffer Protection Rules Major Variance [15A NCAC 02B .0233(9)(c)] with Additional Conditions 5201 Trinity Road Dear Mr. Tummalpally: You have our approval for the impacts listed below for the purpose described in your application dated November 27, 2013, received by the Division of Water Resources (Division) November 27, 2013. This letter shall serve as your Major Variance approval with conditions as authorized in 15A NCAC 02B .0233 (9)(c)(ii). This letter only addresses the major variance from the buffer rules and does not approve any activity within Waters of the United States or Waters of the State. 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 approval requires you to follow the conditions listed below: 1. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Buffers — Zone 1 9,945 (square feet) 0 (square feet) Buffers — Zone 2 7,185 (square feet) 0 (square feet) 2. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0233 shall occur within the protected riparian buffer unless approved by the Division. ri.,J,u, g�.:fier Permiiinq Ur:i [a' r' s �� it I t k.;? �'✓'., r i ,7` 1? i .!;Y.; ,... Mr. Tummalpally DWR# 13 -1240 Buffer APPROVAL Page 2 of 4 3. Mitigation must be provided for the approved impacts as specified in the table below. The Division has received an acceptance letter from the Pancho Bank Parcel Mitigation Bank to meet this mitigation requirement. Until the Pancho Bank Parcel Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Approval shall occur. For accounting purposes, this Approval authorizes payment to the Pancho Bank Parcel Mitigation Bank to meet the following compensatory mitigation requirement: 4. Stormwater Management Plan (SMP) Approval from Local Community Required You are required to provide one copy of the approved SMP, including plan details on full -sized plan sheets, with proof of City of Raleigh's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from City of Raleigh. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. 5. Diffuse Flow Plan The Applicant shall provide a final diffuse flow plan for off -site stormwater including a Level Spreader Supplemental and Operation and Maintenance Forms to the DWR 401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any impacts authorized in this approval occur. 6. Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all Compensatory Mitigation Required River and Sub -basin Number Buffers 37,282.5 (square feet) 03020201- Neuse 4. Stormwater Management Plan (SMP) Approval from Local Community Required You are required to provide one copy of the approved SMP, including plan details on full -sized plan sheets, with proof of City of Raleigh's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from City of Raleigh. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. 5. Diffuse Flow Plan The Applicant shall provide a final diffuse flow plan for off -site stormwater including a Level Spreader Supplemental and Operation and Maintenance Forms to the DWR 401 & Buffer Permitting Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650) before any impacts authorized in this approval occur. 6. Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all Mr. Tummalpally DWR# 13 -1240 Buffer APPROVAL Page 3 of 4 C. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 7. 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. 8. 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 15A NCAC 2B. 0233. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference and are an enforceable part of this Approval. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Approval and is responsible for complying with all conditions. 10. The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion (available at: http: / /portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). 11. This approval grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. 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 written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. 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. 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 Mr. Tummalpally DWR# 13 -1240 Buffer APPROVAL Page 4 of 4 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 via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, FedEx, etc): 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 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 2B .0233. Please contact Jennifer Burdette at 919 - 807 -6364 or iennifer.burdette @ncdenr.ov or if you have any questions or concerns. Sincerely, � 4T?�� Karen Higgins, Supervisor 401 & Buffer Permitting Unit cc: Deborah E. Shirley, Soil & Environmental Consultants, PA, 8412 Falls of Neuse Rd, Ste 104, Raleigh, NC 27615 DWR RRO 401 files DWR 401 & Buffer Permitting Unit Filename: 131240Tummaipally5201TrinityRd (Wake)_NBR_MV.docx