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HomeMy WebLinkAbout20140578 Ver 1_Approval Letter_20140617WREN -R= North Carolina, Department of Enviroriment and Natural Resources Pat McCrory Jbhn'E. Skvarla, III Governor Secretary June 17,2014 DWR #'14 -0578 Wake County 'H'erbert Bailey 116 Evans Estates Dr. Cary; NC'27518 Subject: AUTHORIZATION CERTIFICATE PER THE, NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC;02B'.0233) WITH ADDITIONAL.CONDITIONS Bailey'Park Lane Subdi,\iision,Aeeial Crossing Dear Mr, Bailey: You(have our approvalfor'the impacts listed below. for`the,,purpose described in your application. dated June 5, 2014 and received by the Division of`Water Resources'(Division) on Jl.ine•5, 2014. Please, note that your should get,any'other federal,- state or' local permits before proceeding with yourproject, including those requir<ed,by'(but,not,limited to,) Sediment, and Erosion Control; Non Discharge; and'Wa`te'r,Supply Watershed regulations. This Authorizationtertificate, shall ekpire five�(5) years from the date ofthis letter: This approval requires you to comply With the following conditions:, 1. The,fo,ll'owing impacts are hereby approved provided that all,of-the other specific °,and general conditions,of�the,Buffer,Rules are met. �No other ii,,npacts,°are approved,'including,incidental impacts. Type,of Impact Amount Approved Amount Approved (units) ' (units) Permanent_, Temporary Buffers,- Zone `1_ 1,200 (square feet) 0 ;(square feet) Buffers — 2one "2 400 (square feet)_ 0 .(sq"uare ,feet) One- No hCarol, Natural SNorth, Carolma Division dWaterResources, I,62 &Mad Service Center Raleigh „NG'27699 -1628 Phone, (910),791-4200 Customer Service Internet- .,wwwlncwateiqualrty�org, Location,3800 Bazrett Drive, 161 gh,'NC'27609 'Fax (919)788 -7,1-59 1- 877- 623 =6748” An Equal Opportunq/Affirmative Action Employer — 50% Recycled1,10%IP6st ConsumerPape-r Bailey'Park Lane SD Aerial crossing DWR# 14 -0578 BUFFER_ APPROVAL Page 2 of 3 ,2. No Waste, Spoil, Solids, or -Fill of Any Kind, No waste, spoil, solids; or fill,of anykind shall occur in wetlands;, waters; or riparian area-s' 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 BestiManagement Pr,=actices, shall, be,performe&sosthat no violations of'state water qualitystandards, statutes,orrules occur. I Protective Fencing -The outsi'de�buffer, wetland or water boundary,and along,the construction corridor,wit'hin, ,the'se boundaries approved- under,thi 's'authoeization, shall be dearly ,.markedwith orange - Warning•fencing ,(or,similar highi 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 ,com,pliance with '15 NCAC 02H :0500.. 4. This approval, is for the,purpose and design described in your,application. The plans�an -d ,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 maybe required'to submit a new application, 'package with the `appropriate,fee..If the property i's sold; the new owner must, �ibegiveri a copy of this approval letter and'is responsible fo,r,complying;with all, conditions; 5. This approval and its conditions are final and binding unlessxontested: This, Buffer Authorization can Abe contested as- provided ,in, Articl'es.3` and 4 o,f'General Stat•ute,1506 by fili'ng,a written petition for an administrative hearing to the Office of,Administrative Hearings (hereby known as OAH). .A petition.form maybe obtained from the,OAH at http- -.HWWw -.ncoah .,com/ or byicalling the OAH' Clerk's Office at (919) 4314000,f6r information.- Within thirty (30) calendar- days`of receipt of'this notice, a ipetition must be filed with th-e 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 betweewg:00am and'5-.00pm, excluding,officia'I state holidays). The, petition maybe faxed to the OAH at (91,9),431 -3100, providecl�the original' and one copy of=the petition alon&w,ith any app'licable'OAH filing fee is received bythe' OAH °within,five,(5),lb'usiness days,followingthe,fixed transmission. Mailingadd_ress,for theOAH: If sending by First Class Mail If sending via delivery'service, via the US'Postal Service: (e.g. UPS, FedEx): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Bailey Park Lane SD Aerial Crossing DWR# 14 -0578 BUFFER APPROVAL Page 3 of 3 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 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 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. S' rely, Danny Smith Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401 files Donald Sever; Hugh J. Gilleece and Associates; 875 Walnut Street, Ste. 360; Cary, NC 27511