HomeMy WebLinkAbout20150004 Ver 1_Approval Letter_20150115r
NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 15, 2015
Samer Taj - Eldin
3009 Medlin Dr.
Raleigh, NC 27607
Donald R. van der Vaart
Secretary
DWR # 15 -0004
Wake County
Subject: APPROVAL OF MINOR VARIANCE PER THE NEUSE RIVER BASIN RIPARIAN
BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL
CONDITIONS
Geothermal Well
Dear Mr. Taj - Eldin:
You have our approval for the impacts listed below for the purpose described in your
application dated December 16, 2014 and received by the Division of Water Resources
(Division) on January 2, 2015. This letter shall act as your Minor Variance Approval as described
within 15A NCAC O2B .0233(9)(b). 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 Minor Variance Approval shall expire five (5) years from the date of this letter.
This approval requires you to comply with the following conditions:
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. [15A NCAC 0213. 0233(8)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers —Zone 2
0 (square feet)
1 (square feet)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http : / /portal.ncdenr.org /web /wq /aps
1628 Mail Service Center, Raleigh, NC 27699 -1628_ Phone: (919) 791 -4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788 -7159
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
Samer Taj -Eldin Geothermal Well
DWR #15 -0004
MINOR VARIANCE APPROVAL
Page 2 of 3
2. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to
Zone 1 of the protected riparian buffers unless otherwise'approved by the DWQ. No
-- - - - - -- -- impervious- surfaces- shall -be- added -to -Zone 1;- unless- otherwise - approved by- the - -DWQ.---- - - - - -- --
[15A NCAC 2B .0233(4)(a)]
3. Diffuse Flow
All stormwater must 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. [15A NCAC 02H .0506(b)(5)]
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved 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. [15A NCAC 02H .0506 (b)(2) and
(c)(2) and 15A NCAC 02H .0507 (c)]
5. 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 application. 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. [15A NCAC 02H .0501 and .0502]
6. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
This Minor Variance Approval 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.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.
Samer Taj -Eldin Geothermal Well
DWR. #15 -0004
MINOR VARIANCE APPROVAL
Mailing address for the OAH:
If sending by First Class Mail If sending via delivery service
via the- US-Postal-Service - - - - -- - - - -- (e.g.- UPS,- FedEx).-- - - - - --
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
John Evans, 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 DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DEN R-DWR — 401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
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.
Sin reI
Danny S th, Supervisor
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401 file
. Glen Darch; Glen Darch Well Drilling: 13109 Bold Hill Rd.; Wake Forest, NC 27587