HomeMy WebLinkAbout20180046 Ver 1_Approval Letter_20180119ROY COOPER
1
Governor
�N
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
WaterResources Interim
ENVIRONMENTAL QUALITY Director
January 19, 2018
DWR #18=0046
Wake County
Angela Reincke, Parks Planner &'Land Acquisition Specialist
Town of Apex
53 Hunter St.
Apex; NC 27502
Subject: -AUTHORIZATION CERTIFICATE PER THE JORDAN LAKE WATER SUPPLY WATERSHED
RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0267) WITH ADDITIONAL
CONDITIONS
Charleston Village Greenway Connector
Dear Ms. Reincke: .
You have our approval for.th-e impacts listed below for -the purpose 'described in your
application dated January 5, 2018 and received by the Division of Water Resources (Division,) on
January -8, 2018. 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 fxoni the date of this letter.
This approval requires you to comply with the following conditions:
1. The following impacts are hereby approvedprovided that all of the other specific and
general coriditions'ofthe Buffer Rules -are met. No other impacts are approved, .
including incidental impacts. 1`15A NCAC 026'.0267(11)1.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers - Zone 1
1527 (square feet)
0
Buffers — Zone 2
113;2 -(square feet)
0
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org,i,,veb/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
Charleston Village Greenway Connector
DWR #18-0046
BUFFER APPROVAL
Page 2 of 3
1. 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 02B.0267(8)]
2. 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 [15A1NCAC 02H .0501
and .05021.
3. . Protective Fencin
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 andmust 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)]
4. 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
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.
5. 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
dministrativeHearings (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
OA'H. A petition .is considered filed when theoriginal 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
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Charleston Village Greenway Connector
DWR #18-0046
BUFFER APPROVAL
Page 3 of 3
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 the 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
NC DENR-DWR-401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR-DWR-401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under the Jordan Lake Water Supply Watershed
Riparian Buffer Protection Rules as described in 15A NCAC 02B .0267. Please contact Stephanie
Goss at 919-791-4256 or Ste han' Goss@ncdenr.gov if you have any questions or concerns.
S' ce ly,
Danny Smith
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer file
DWR 401 & Buffer Permitting Unit file
Troy Beasley, Withers Ravenel (via email)