HomeMy WebLinkAbout20060658 Ver 5_Approval Letter_20160822 PAT MCCRORY
1N J3 t
PVP Governor
• oZ ONALD R. VAN DER VAART
• Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
August 22, 2016
DWR#06-0658 v5
Franklin County
Ange Executive Estates, LLC
Attn: Elton R. Ange .
113 Edinburgh South Dr., Ste. 100
Cary, NC 27511
Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN •
BUFFER PROTECTION RULES (15A NCAC 02B .0259)WITH ADDITIONAL
CONDITIONS
Hidden Lake—Phase II
Dear Mr. Ange:
You have our approval for the impacts listed below for the purpose described in your.
application dated August 9, 2016 and received by the Division of Water Resources (Division) on
August 9, 2016. 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 for DWR#06-0658 v5 does not.replace any previous versions of DWR#06-0658.
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 .0259(8)]
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Buffers—Zone 2 0 (square feet) 40,558 (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
Hidden Lake—Ph. II
DW R#06-0658 v5
BUFFER APPROVAL
Page 2 of 3
2. 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 [15A NCAC 02H .0501
and .0502].
3. 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)] .
4. 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.
5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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 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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
1'
Hidden Lake—Ph. II
DWR#06-0658 v5
BUFFER APPROVAL
Page3of3
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Departmentof 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 If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins
NC DENR-DWR—401 & Buffer NC DENR-DWR—401 & Buffer
Permitting Unit Permitting Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
This letter completes the review of the Division under the Tar-Pamlico Buffer Rules as described
in 15A NCAC 02B .0259. Please contact Cherri Smith at 919-791-4251 or
Cherri.Smith@ncdenr.gov if you have any questions or concerns.
Si ce ly,
Danny Smith
Supervisor, Water Quality Regional Operations Section
cc: D RzR'R0140'1%BuffervAi tlht ri-iatii'n file
II
DWR 401 & Buffer Permitting Unit file
Deborah Shirley; Soil & Environmental Consultants; 8412 Falls of Neuse Rd., Ste. 104;
Raleigh, NC 27615