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HomeMy WebLinkAbout20180099 Ver 1_Approval Letter_201802021 ROY COOPER Governor MICHAEL REGAN Secretary LINDA CULPEPPER Water Resources Interim ENVIRONMENTAL QUALITY .. - Director February 2, 2018 DWR'#18-0099 Durham County BCP AIP LLC 400West North St.,;Suite 112 Raleigh, NC 27603 !' Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Alexander Industrial Park Building 2 To Whom it may Concern, You have our approval for the impa•cts.listed below for the purpose described in your application dated January 19, 2018 and received by the Division of Water Resources (Division) on January 22, 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, frorti ,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. 696 (square feet) 0 (square feet) Buffers — Zone 2 529, (square feet) 0 (square feet) Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://I)ortal.nedetir.org/web/rvq/aps 1628 Mail Service Center; Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: A00 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788=7159 Alexander Industrial Park Building 2_ DWR #18-0099 BUFFER APPROVAL Page 2of3 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 Practice's'ishall 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 ripar'!i construction area on the project site shall be CIE fencing) prior to any land disturbing activities 'ar the project phase is completed. [15A NCAC 02F .0507 (c)] 5. , This approval is for the purpose and design,d�es.� specifications for tt.his projecare incorporated.. Authorization. If you change your project,',you required to submit a new application package' sold, the new owner must be given a copy -of '.this complying with all conditions... 6. This approval and.its conditions are final.andl fi This Buffer Authorization can be contested as provi 150B by filing a written petition for an administrati� Hearings (hereby known as OAH). A petition form',; http://www.ntoah.co'm/ or by calling the OAH Clear Within thirty (60) calendar days of receipt of thi's'rn OAH. A petition is considered filed when the origin applicable OAH filing fee is received in.the OAH du Friday between8:OOam and_ 5OOpm, excluding offi an buffers Located within 50 feet of the arly,rharked (example- orange?fabric d m, the maintained, on the property until !0506 (b)(2) and (c)(2) and 15A NCAC 02H cribed in your application. The plans and bye reference as part of the Buffer., must notify the Division and you. maybe with,the appropriate fee.- If the,property is is';approval letter and is responsible for nding,unless contested. [G.S. 143-215.51 I, deed in Articles 3 and 4 of General Statute ve hearing to the Office of Administrative ,npy be obtained from the OAH'at Vs Office at (919) 431-3000 for'information. otice, a petition must be filed with the al and one (1) copy,along with any ring normal office hours (Monday through cial'state holidays).' The petition may be faxed to the OAH at (919) 431-3,1100 provided the original and one copy of the petition along with any applicable OAH filing fee is're'ceived 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 Alexander Industrial Park Building 2 DWR #18-0099 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 DWR: 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 Rick Trone at 919-791-4257 or rick.trone@ncdenr.gov if you have any questions or concerns. Sincer� , Danny Smith Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401/Buffer Authorization file DWR 401 & Buffer Permitting Unit file Lyle Phillips, WithersRavenel, via e-mail Iphillips@withersravenel.com