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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)