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