HomeMy WebLinkAbout20171348 Ver 1_Approval Letter_20171114ROY COOPER
Governor
MICHAEL S. REGAN
,a
Secrelary
LINDA CULPEPPER
WaterResourees Interim Director
ENVIRONMENTAL QUALITY
November 14, 2017
DWR #17-1348
Wake County
STEC NO. 17-4595, LLC
Attn: Jeanette B. Lassiter
117 North Merritt Avenue
Salisbury, NC 28144-2635
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 0213 .0233) WITH ADDITIONAL CONDITIONS
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Dear Ms. Lassiter:
You have our approval for the impacts listed below for the purpose described in your
application dated October 23, 2017 and received by the Division of Water Resources (Division)
on October 23, 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 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*
B1: Bypass storm drainage for
0 (square feet)
0 (square feet)
level spreader
Buffers — Zone 2*
B1: Bypass storm drainage for
0 (square feet)
0 (square feet)
levelspreader
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.nedenr.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
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D W R #17-1348
BUFFER APPROVAL
Page 2 of 4
*Note: The Stormwater bypass pipe will be bored under the Riparian Buffer. No disturbance
will be made to the buffer vegetation and the bypass pipe will discharge above the ordinary
high water mark to the stream.
2. 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)]
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.
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
1508 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 sixty (60) 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).
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DWR #17-1348
BUFFER APPROVAL
Page 3 of 4
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
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
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
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NCDWR-401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NCDWR —401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
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
if y6u have any questions or concerns.
Orely,
a /2
Danny Smith/
Supervisor, Water Quality Regional Operations Section
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DWR #17-1348
BUFFER APPROVAL
Page 4 of 4
cc: DWR RRO 401/Buffer file
DWR 401 & Buffer Permitting Unit file via Laserfiche
G. Scott McLaughlin via e-mail at scott.mclaughlin@strategic.net
Sean Clark via e-mail at sclarkCa@sageecological.com