HomeMy WebLinkAbout20170567 Ver 1_Approval Letter_20170616 ROY COOPER
Governor
1:;
Parallel FM and Wastewater PS Improvements Talloway Dr. &Aviation Pkwy.
D W R#17-0567
401&BUFFER APPROVAL
Page 2 of 4
Buffers—Zone 2
B1-Pump Station Improvements 442 (square feet) 0 (square feet)
2. Compensatory Mitigation Using Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from Resource Environmental Solutions (RES)to
meet this mitigation requirement. Until the RES receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to RES to meet the following compensatory mitigation requirement
[15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation Bank Sponsor River& Sub-
Required basin Number
Buffer 3051 (square feet) EBX-Neuse I, 03020201
LLC
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 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.
Parallel FM and Wastewater PS Improvements Talloway Dr.&Aviation Pkwy.
DWR#17-0567 .
401&BUFFER APPROVAL
Page 3 of 4
6. 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
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
Parallel FM and Wastewater PS Improvements Talloway Dr. &Aviation Pkwy.
DWR#17-0567
401&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.Rov if you have any questions or concerns.
Sin erel ,
a/1,2 4,7C2-17
Danny Smith,
Supervisor, Water Quality Regional Operations Section
Enclosure: GD 4086
cc: DWR RRO 401/Buffer file
DWR 401 & Buffer Permitting Unit file
Brian J.P. Oschwald, The Wooten Company, 120 N. Boylan Avenue, Raleigh, NC 27603