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Home My WebLink About20160220 Ver 2_Approval Letter_20180119Water Resources ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL REGAN Secretary LINDA CULPEPPER Interim Director DWR #16-0220 v2 Wake County- Kildair6 Farms HomeownersAssiociaition 11, Inc. Attn: Steve Robach-, Vice Preslid'ent 2108 'Clark' Ave. Raleigh, NC 27605 Subject: AUTHORIZATION, CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION 1RULE51(15A_NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Kildaire Farms HOA Dock!, Dear Mr. Rebach:, You have our approval for the impacts listed, below for the purpose described in your application dated December 12,-2017 and received by the Division of Water Resources (Division) on December 12, 1 2017. Please note that at,yaushould get,a.n,y ,other federal, state or local permits before proceeding with, your project, those required, by (but not limited to Sediment a . nd Erosion.Co ntrb .. I,'N .: bn-Dis'ch'ge,,an ar d* Water Supply'Watershed regulations. This'Auth'oriza;flon Certificate, for IDWR #16-'0226.y2, r6places the Aifthorization Certificate for #16-,0220 dated Match 14, 201.6. This Authorization Certificate shall expir'e'five (5)' years from the date of this letter. This approval requires, you to comply with the follow-'ing"conclitions: 1. Thefollowing 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 N.CAC 02`13. 0283(8)]. Type of Impact Amount Approved, Amount Approved (units) (units) permanent Temporary Buffers -Zone Zone I 764 (square feet) 0 (square feet) Buffers. -Zone 2 499 (square feet) 0 (square feet) Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section 1628 Mail Service Center, Raleigh, NC 27699-1628 Location: 3800 Barrett Drive, Raleigh, NC 27609 http://poi-tal.nedenr.org/web/,,vqiaps Phone: (919) 791-4260 . Fax: (919) 788-7159 Kildaire Farms HOA Dock DWR #16-0220 Q BUFFER APPROVAL Page 2 of 3 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 bew,application packageVith the appropriate fee. If t1 1:he property is sold, the new owner must be given a copy of this:a,pproval Tetter and is responsible for. complying with all conditions. 6. This approval and its conditions are,final.and binding unless contested. [G.S. 1437215.5] 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 (919431-3000 for information.' Within thirty (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). The petition may be faxed to the OAH at (919) 43,1-3100, 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 Kildaire Farms HOA Dock DWR #16-0220 v2 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 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 DWQ: If sending by First Class Mail via the US Postal Service: Karen Higgins NC 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 DWR — 401 & Buffer Permitting Unit 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 steanie.oSSnc r, ov if ou have any questions or concerns. Si c rely, Danny Sm' h Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401/Buffer Authorization file DWR 401 & Buffer Permitting Unit file Deborah Shirley via e-mail dshirlev(@sandec.com