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HomeMy WebLinkAbout20170199 Ver 1_Approval LetterStream - Ephemeral/intermittent/Perennial_20170303 ROY COOPER Ric Governor MICHAEL S. REGAN Secretary Water Resources ENVIR9NMNrALQUALITY .� S. JAY ZIMMERMAN Director March 3, 2017 DWR#17-0199 Franklin County CRNC Development LLC' 'Attn: Daniel H. Tingen '8411-2121 Garvey Drive I! Raleigh, NC 27616 Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIVER BASIN RIPARIAN`' BUFFER PROTECTION RULES (15A;NCAC 02B .0259) WITH ADDITIONAL CONDITIONS Cedar Ridge 'i' Dear Mr. Tingen: You have our approval for the impacts listed below for purpose described in'your application dated February,15, 2017 and received by the Division of:Water Resources (Division) On February15,,2017: Please note,that.you:should get any other federal, state or focal',permits before proceeding with your project, i'ncluding,those,required by (but not limited to) Sediment: ' and Erosion Control, Non-Discharge, and;Water Supply Watershed.regulations i..' This approval'requires you to comply with the following conditions: '' j 1. The following impacts are hereby�approved provided that all Of the otherspecific`and 'conditions of the Buffer Rules are m'et:L No o generalOther impacts are'approved including incidental imp'acts.' [15A NCAC 026'.0259(8)] Type of Impact _ Amount Approved Amount Approved' j : (units) (units) Permanent - Temporary ' .Buffers-Zone 1 B1'Road Culvert Dissipater 146 (square feet) 0 (square feet) i B2-Stormwater Outfall ; 556.('square feet) 0 (Square feet) � B3-Sto'rmwater Outfall;' : ' ` 724 (square feet) 0 (square feet) I Division'of Water Resources,;Raleigh Regional Office,Water Quality Operations Section littp://portal.ncdenr.org/webtwq/aps '1628 Mail Service Center,Raleigh;-NC 27699-1628• • I Phone:(919)791-4200 (Location:• 3800.Barrett,Drive,Raleigh,NC 27609 Fax:(919)788-7139 + fi,l - - i Cedar Ridge DWR#17-0199 BUFFER APPROVAL Page 2 of 4 Buffers—Zone 2 B1-Road Culvert Dissipater 564 (square feet) 0 (square feet) B2-Stormwater Outfall 406 (square feet) 0 (square feet) B3-Stormwater Outfall 700 (square feet) 0 (square feet) 3. Diffuse Flow As part of your application you have provided plans to achieve 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. 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]. 5. 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)] 6. 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. 7. 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 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 Cedar Ridge DWR#17-0199 BUFFER APPROVAL Page 3 of 4 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): 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 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 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 Stephanie Goss at 919-791-4256 or Stephanie.Goss@ncdenr.gov if you have any questions or concerns. Si er y, Danny Smith Supervisor, Water Quality Regional Operations Section Cedar Ridge DWR#17-0199 BUFFER APPROVAL Page 4 of 4 cc: DWR RRO 401/Buffer Authorization file DWR 401 & Buffer Permitting Unit file Deborah Shirley; Soil & Environmental Consultants; 8412 Falls of Neuse Rd., Ste. 104; Raleigh, NC 27615