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HomeMy WebLinkAbout20170980 Ver 1_Approval Letter_20170808Wuter Resources ENVIRONMENI A' QUA' 1 FY August 8, 2017 Mr. Scott C. and Ms. Vicki W. DeDeugd 328 Waldo Street Cary, NC 27511 ROY COOPER Mif'11A1 1, S. RGAN S. JAY ZIN41MI RM N DWR # 17-0980 Wake County Subject: AFTER -THE -FACT APPROVAL OF NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS DeDeugd — 328 Waldo Street, Cary Dear Mr. and Ms. DeDeugd: You have our approval for the impacts listed below for the purpose described in your application dated August 1, 2017 received by the Division of Water Resources (Division) on August 1, 2017. These impacts are covered by the Neuse Riparian Buffer Rule and the conditions listed below. 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 approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Buffer Rule are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0233(8)] Type of Impact Amount Approved Amount Approved (units) (units) Temporary Permanent Buffers — Zone 1 Site 1 75 (square feet) 0 (square feet) 2. 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 Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center j Raleigh, North Carolina 27699-1617 919 807 6300 Mr. & Ms. DeDeugd Buffer Authorization DWR# 17-0980 Page 2 of 3 copy of this approval letter and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] Please be aware that by having impacted buffer without first applying for and securing the issuance of a Buffer Authorization, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H .0233. Title 15A NCAC 2H .0233 requires buffer authorizations whenever activities within the buffer are classified as Allowable. Pursuant to G.S. 143-215.6A, any future violations are subject to a civil penalty assessment of up to a maximum of $25,000 per day for each violation. [15A NCAC 2H .0500] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This approval shall expire five (5) years from the date of this letter. 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) within sixty (60) calendar days. 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. 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:OOam and S:OOpm, 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 via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Mr. & Ms. DeDeugd Buffer Authorization DWR# 17-0980 Page 3 of 3 This letter completes the review of the Division the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Jennifer Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or concerns. Sincerely, e Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: DWR 401 & Buffer Permitting Branch file Filename: 170980DeDeugd328WaidoStCary(Wake)_NRB_ATF_BA.docx