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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