HomeMy WebLinkAbout20150539 Ver 3_Approval Letter_20171120Water Resources
ENVIRONMENTAL QUALITY
November 20, 2017
Donald C. Adams
1340 Old Drug Store Road
Garner, NC 27529
ROY COOPER
Gave ,er
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
lawim Director
DWR #15-0539 v3
Johnston County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 026.0233) WITH ADDITIONAL CONDITIONS
Parkview Subdivision Phase 14
Dear Mr. Adams:
You have our approval for the impacts listed below for the purpose described in your
application dated October 22, 2017 and received by the Division of Water Resources (Division)
on October 26, 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
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers—Zone 1
133: Utility Corridor
639 (square feet)
0 (square feet)
Buffers — Zone 2*
B2: Road & retaining wall
1349 (square feet)
0 (square feet)
133: Utility Corridor
426 (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
Parkview Subdivision Phase 14
DWR #15-0539 v3
BUFFER APPROVAL
Page 2 of 4
*Buffer impact B1 listed on the application as minor grading in Zone 2 is considered exempt and
does not require written authorization from the Division provided that diffuse flow and the
health of existing vegetation in Zone 1 is not compromised and disturbed areas are stabilized.
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by Johnston County and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from Johnston County. [15A NCAC 02H .0506(b)(3)]
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 forthe 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
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 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).
Parkview Subdivision Phase 14
DWR #15-0539 v3
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
Stephanie. Goss@ncdenr.gov if you have any questions or concerns.
Si erel
. A/
Gil (i
Danny Smit
Supervisor, Water Quality Regional Operations Section
Parkview Subdivision Phase 14
DWR #15-0539 v3
BUFFER APPROVAL
Page 4 of 4
cc: DWR RRO 401/Buffer file
DWR 401 & Buffer Permitting Unit file via Laserfiche
Jamie Guerrero via e-mail at iamieguerrerope@gmail.com