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HomeMy WebLinkAbout20180250 Ver 1_Approval Letter_20180327Water Resources ENVIRONMENTAL QUALITY March 27, 2018 ROY COOPER Governor MICHAEL REGAN Secretory LINDA CULPEPPER Interim Director DWR #18-0250 Wake County CJ Properties:and Investments, LLC Patrick Teen 208 W. Millbrook Rd. Raleigh, NC 27609 Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS 1417 Battery Drive To Whom it may Concern, You have our approval for the impacts listed. below. for the purpose described in your application dated February 13, 2018 and received by the Division of 'Water Resources (Division) on February 19, 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 from the date of this letter. .j ,.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 _ (un it (units) Permanent Temporary Buffers —Zone 1 0 (sgu;are feet) 0 (square feet) Buffers — Zorie 2 4241(s;quare feet) 0 (square feet) I' i Division of Water Resources, Raleigh Regional Office, j4Vatcr Quality Operations Section 1628 Mail Service Center, Raleigh, NC 27699-1628 Location: 3800 Barrett Drive, Raleigh, NC 27609 http://'portal.ncdenr.org/web/-�vq/aps Phone: (9 19) 791-4200 Fax: (919) 788-7159 1417 Battery Drive DWR #18-0250 BUFFER APPROVAL " Page 2 of 3 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 [15A NCAC 02H .0501 and .0502]. 3. Protective Fencing r 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. 115A NCAC:02H :0506 (b)(2) and (c)(2)" and 15A NCAC 02H .0507 (c)] 4. This approval is for the purpose and design ldescribed'in your application. Th er 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 new application packagewith th;e appropriate fee. If the property is sold, the new owner must be given a co 'sof this:a� roval letter and is responsible for g copy pp p complying with all conditions. 5. This -approval -and its conditions are final and"b.inding 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 (hereby known as OAH). A petition form ;may be obtained from the OAH at hitp://www.n'coah.com/ or by calling the OAH (,Clerk's Office at (919) 431-3000 for information-.— Within nformation.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 ;du,'ri,ng 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);4;31'-3100, provided the original and one copy of the petition along with any applicable OAH fili'ng.fe,e is received by the OAH within five (5) business days following the faxed transmission. ;,' I 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 1417 Battery Drive DWR #18-0250 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 r.govA you Dave any questions or concerns. Si cer ly, Danny Sm h Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401/Buffer Authorization file DWR 401 &Buffer Permitting Unit file Tony Patterson, Patterson Custom Builders, LLC, via e-mail tony@pattersonbuilt.com