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HomeMy WebLinkAbout20180399 Ver 1_Approval Letter_20180516ROY COOPER COW Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Water Resources Interim Director ENVIRONMENTAL QUALITY . May 16, 2018 DWR #1870399 Wake County Heritage Inn of'Raleigh, LLC Attn: Lori Kasowski 1202 Westrac Drive', 31d Floor Fargo, NC 58103 Subject: 'AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION .RU LES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Staybridge Suites Dear Ms. Kasowski: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on March 19, 2018 with additional information received on May 16, 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. 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 NCA(0213'..0233(8)]. Type of. Impact j f Am®unt Approved Amou.nt,Approved (units) (units) V Permanent Temporary Buffers - Zone 1 131 -Aerial Sewer Line x,691 (square feet) 0 (square feet) Buffers= Zone 2 131 -Aerial Sewer Line h451 (square feet) 0 _(square feet) Division of Water Resources, Raleigh Regional &flcc;-Water Quality Operations Section 1628 Mail Service. Center, Raleigh, NC 27699-1628 Location; 3800 Barrett Drive; Raleigh, NC 27609 http:/,/portal.fcdenr.org/web/wq/aps 'I Phone: (919) 791-4200 Fax: (919) 788-7159 I, 1. . it Staybridge Suites DWR #18-0399 BUFFER APPROVAL ' Page 2 Of 4 2. Diffuse Flow All stormwater must b'e 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)] j 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 .05021. 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 new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and is responsible for complying With all conditions. 6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 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 (919) 431-3000 for'information. Within sixty (60) calendar days of receipt of this notice, a petition'must be filed with the OAH. A petitio,n 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). Staybridge Suites DWR #18-0399 BUFFER APPROVAL Page 3 of 4 The petition may be faxed to the OAH at (919) 431-3100, 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 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 If sending via delivery service via the US Postal Service: (e.g. UPS, FedEx): Karen Higgins NC DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 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 stephanie.goss@ncdenr.gov if you have any questions or concerns. i Sincerel , Danny Smith Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401/Buffer Authorization file DWR 401 & Buffer Permitting Unit file Staybridge Suites DWR #18-0399 BUFFER APPROVAL Page 4 of 4 Jonathan Lowry via e-mail at ilowry@lowryeng.com