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Home My WebLink About20140720 Ver 1_Approval Letter_20140717NC®ENR North,Carolina,'Department,of Environment. and -Nafural Resources Pat McCrory Governor July,17, 2014 ,Pa.wg[�and Barbara,Molenda - 108 Agassi Court Cary, NC27511 John E. Skvarla, III Secretary DWR 4 140720 Wake County `Subject: AUTHORIZATION CERTIFICATE PER THE. NEUSE ,RIVER BASIN RIPARIAN BUFFER PROTECTION RULES,(15A NCAC 0211.0233) WITH ADDITIONAL CONDITIONS 108 Aga'ssl Court Dear Mr.. , and- s. ,Molenda: You'have, our approval;for-the impacts fisted be'ldw'for- the ,purpose described Jn your application dated July 11, 2014 and'received by the Division of Water'Resources (Division) on July 11, 2014. Please note that you should get any other,federal, state or local permits before proceeding With your project,,including those -re'obired by (but not limited toy) Sediment and' Erosion Cont rol,'Non- Distharg"e, and Water - Supply Watershed regulations. Thi' sAuthorization `Certificate,shall expire five (5) years from the date of this letter. This approval requires you to comply °with the.following conditions: 1. The followingmimpacts ate !hereby, approved provided that all of the other specific and general �conditions•ofthe Buffer Rules are met. No other impacts, are approved, including incidental i m p`acts,. Ty "pe,oflmpact Arnount,Approvedi Amount,Approved' (units) `(units) Permanent Temporary Buffers — Zon_e 2. 78b (square bet) 0 (squate feet) Noe Carol - ° atura! North CarolmaiDrvision of Water Resources 1628 Mail Service Center Rat eigli,.NC'27699 -1'628 Phone'(919) 791 -4206 Customer Service 1nt'eMef, www+ncwaterqualrfy org Location- "3800 Barrett Drive. Raleigh, NC 27609, Fax (919)'798-71'59 1787,7- 623 -6748 z. An Equal OpportunitylAffirmative ,Action Employer— 50 %'RecydW/10 %P6st Consumer Paper 108'Agassi Court DWR# 14 -0720 BUFFER APPROVAL Page 2 of 3 2. Diffuse Flow All stormwater shall be directed 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. 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, 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 author'izati'on 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 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 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 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 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,OAK). A petition form maybe obtained from the OAH 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 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 Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 108 Agassi Court DWR #' 14 -0720 BUFFER APPROVAL Page 3 of 3 If sending via delivery service (e.g. UPS, FedEx): 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 ofthe petition'to DWQ: Ifsending by First Class Mail via the US Postal Service: Karen Higgins NC DENR -DWR — Webscape Unit 1617 Mail Service Center ,Raleigh, NC 27699 -1617 If sending via delivery service. (6.g. UPS, Fed Ex): Karen Higgins NC DENR -DWR — Webscape Unit 512 N., Salisbury Street Raleigh, NC 27604 This lettercompletes the,reuiew of the Division under th 'Neuse Riparian Buffer'Rules,as described in 15A'NCAC 02B,.0233, Please contact Chern Smith at 919- 791- 4'251.or cherri."smith @ricdenr.gov if you have any questions or'concerns. Si cere_ , Danny Sm', Supervisor; Water Quality Regional Operations Section cc: DWR RRO 401 files Brian Sawyer; 30024 Village Park Drive; Chapel Hill, NC 27517