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Home My WebLink About20140127 Ver 1_Approval Letter_20140224NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Governor NC Wildlife Resources Commission Attn: Preston Royster 1718 NC Hwy 56W Creedmoor, NC 27$22 Water Quality Programs Thomas A. Reeder Director February 24, 2014 John E. Skvarla, III Secretary DWR # 14 -0127 Wake County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Falls Lake Dam PFA Dear Mr. Royster: You have our approval for the'impacts listed below for the purpose described in your application dated February 5, 2014 and received by the Division of Water Resources (Division) on February 7, 2014. Please note that you should get anyother 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 Authorization Certificate shall expire five (5) years from the date-of this letter. This, approval requires you to comply with'the following conditions: 1. The following 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, including incidental impacts. Type of Impact AmountApproved Amount Approved (units) (units) Permanent Temporary .Buffers —Zone 1 893 (square feet) 0 (square feet) Buffers — Zone 2 1859 (square feet) 0 (square,feet) 2. -Diffuse Flow All stormwater shall be directed and maintained as diffuse flowat non- erosive�velocities through the, protected riparian, buffers such that it will not re- concentrate before discharging into surfpce waters. No eh�Carohm T,nttzmallyi North Carolma,Dnrision of Water Resources 1628 Mad Service Center Raleigh, NC`27699 -1628 Phone (919) 791 -4200 Internet www ncwaterguaiity orq Location 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 An Equal Opportunity /Affirmative Acton Employer— 50% Recycled /10% Post Consumer Paper Falls Lake Dam PFA `DWR# 14 -0127 BUFFER,AP,PROVAL Page 2 of'3 3. No Waste, Spoil, Solid's, 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, 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 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' buff_ er, 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, 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 thi's approval "letter and'is responsible for complying with all conditions. 6. 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 1506 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 CIA H_ at,http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 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 applicab'le`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 maybe -faxed to the OAH at (919) 431 -3100, provided the original and one copy,of the petition alongwith any applica_'ble OAH filing fee'is received,by the OAH within five (5)' business days:following the faxed 'transmission. Mailing ad'd'ress for the OAH: If sending, by First Class Mail via the US;PosfalService, Office of Administrative'Hearings 6714Nail Service Center Raleigh, NC 27699 -6714 If sending via delivery.service (e:g: UPS, F,edEx); Office, of Admin'istrative Hearings - 1711,New'Hope Church Road Raleigh, NC "27609 -6285 Falls Lake Dam PFA ' DWR# 14 -0127 BUFFER APPROVAL Page 3 of 3 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General'Counsel Department of Environmentand 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 If sending via delivery service Via the US Postal Service: fe.g. UPS, FedEi): Karen Higgins Karen Higgins NC DENR -DWR — Webscape Unit NC DENR -DWR — Webscape Unit 1650 M•a'il Service Center 512 N. Salisbury Street Raleigh, NC 27699 =1650 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 - 791=4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. 1 0iie Iy, o - Dan n Y Smi: - Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401 files c - t