Loading...
HomeMy WebLinkAbout20160373 Ver 3_Approval Letter_20170607 ROY COOPER Governor Y,R) MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Water Resources Director ENVIRONMENTAL QUALITY June 7, 2017 DWR#16-0373 v3 Wake County Weavers Pond Development Co., LLC Attn: David Berry 9407 Barton's Creek Rd. Raleigh, NC 27615 Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0233)WITH ADDITIONAL CONDITIONS Weavers Pond-Phase 3B Dear Mr. Berry: You have our approval for the impacts listed below for the purpose described in your application dated May 2, 2017 and received by the Division of Water Resources (Division) on May 3, 2017. 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#16-0373 v3 does not replace the Authorization Certificate for DWR#16- 0373 v2 dated October 7, 2016. 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 Amount Approved Amount Approved (units) (units) Permanent Temporary Buffers—Zone 1 SW Outfall 478 (square feet) 0 (square feet) Buffers—Zone 2 SW Outfall 315 (square feet) 0 (square feet) Greenway Access 1216 (square feet) 0 (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 Weavers Pond-Phase 3B DWR#16-0373 v3 BUFFER APPROVAL Page 2 of 4 2. Diffuse Flow Plan: Submittal of a Local Government Approval Required Because the stormwater management plan (SMP) approved by Wake County is being used to meet diffuse flow requirements on this project, you are required to submit one copy (hard or electronic) of the approved SMP, including plan details on full-sized plan sheets, with proof of Wake County's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. The SMP may not be modified without prior written authorization from Wake County. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02B .0233 (5)] 3. 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]. 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 designdescribed 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. 143-215.5] Weavers Pond-Phase 3B DWR#16-0373 v3 BUFFER APPROVAL Page.3 of 4 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 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 Weavers Pond-Phase 3B DWR#16-0373 v3 BUFFER APPROVAL Page 4 of 4 This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov ' ou ha • any questions or concerns. S ncerely rieK Danny Smit1 Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401/Buffer file Deborah Shirley; Soil & Environmental Consultants; 8412 Falls of Neuse Rd., Ste. 104; Raleigh, NC 27615