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