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HomeMy WebLinkAbout20150745 Ver 1_Approval Letter_20150918i NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 18, 2015 Fuller Land Development Attn: Alex Capps 8801 Fast Park Dr., Ste. 301 Raleigh, NC 27617 Donald R. van der Vaart Secretary DWR # 15 -0745 Wake County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS North Grove Subdivision Dear Mr. Capps: You have our approval for the impacts listed below for the purpose described in your application dated July 24, 2015 and received by the Division of Water Resources (Division) on August 5, 2015 with additional information received on September 1, 2015. 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 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 [15A NCAC 02B. 0233(8)]. Type of Impact Buffers —Zone 1 Amount Approved (units) Permanent 572 (square feet) Amount Approved (units) Temporary 0 (square feet) Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http: / /ponal.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 North Grove Subdivision DWR# 15 -0745 BUFFER APPROVAL Page 2 of 4 By -Pass Channel Buffers — Zone 2 1 416 (square feet) I 0 (square feet) By -Pass Channel Buffers —zone 1 1 615 (square feet) 0 (square feet) Sewer Connection Buffers — Zone 2 635 (square feet) I 0 (square feet) Sewer Connection 2. Diffuse Flow Plan Approval by the Division The Division approves the diffuse flow plan consisting of a level spreader and all associated stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns depicted on the plan sheets that were signed on August 28, 2015, which are incorporated by reference and are enforceable by the Division. The following conditions also apply [15A NCAC 02H .0506(b)(5)]: • The footprint of all diffuse flow devices as well as an additional 10 -foot wide area on all sides of the devices shall be located in either public rights -of -way, dedicated common areas or recorded easement areas. The final plats for the project showing all such rights -of -way, common areas and easement areas shall be in accordance with the approved plans. [15A NCAC 02H .0506(b)(5)] • The approved diffuse flow plan shall be constructed and operational before any permanent building or other structure is occupied at the site. [15A NCAC 02H .0506(b)(5)] • The diffuse flow plan may not be modified without prior written authorization from the Division. A copy of the approval letter and the modified SMP shall be submitted to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] • Maintenance activities for the level spreader and all associated stormwater conveyances shall be performed in accordance with O &M agreements. The O &M agreements shall transfer with the sale of the land or transfer of ownership /responsibility for the BMP facility. [15A NCAC 02H .0506(b)(5)] 3. No Waste, Spoil, Solids, or Fill of Anv 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 [15A NCAC 02H .0501 and .0502]. North Grove Subdivision DWR# 15 -0745 BUFFER APPROVAL Page 3 of 4 4. Protective Fencing All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 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 this approval letter and is responsible for complying with all conditions. 6. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51 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). 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. 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 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: Sam Hayes, 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 -401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 -1617 North Grove Subdivision DWR# 15 -0745 BUFFER APPROVAL Page 4 of 4 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 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(cDncdenr.gov if you have any questions or concerns. Since ely, Danny Smith Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401 /Buffer Authorization file DWR 401 & Buffer Permitting Unit file Andrew Petty; The Curry Engineering Group; 205 S. Fuquay Ave.; Fuquay - Varina, NC 27526