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