HomeMy WebLinkAbout20150993 Ver 3_Approval Letter_20180813August 13; 2018
5
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Interim Director
DWR #15-0993 v3
Durham County
M/I Homes of Raleigh, LLC .
Attn: Martin Fuchs
1511 Sunday Drive, Suite 100
Raleigh, IVC 27607
Subject: AUTHORIZATION. CERTIFICATE PER, THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 0213 .0233) WITH ADDITIONAL CONDITIONS
Andrews Chapel -Sewer Outfall Phase' 6
Dear Mr. Fuchs:
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 June 26, 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 ,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 theBuffer Rules 'are met. No other impacts are approved, including
'incidental impacts [15A NCAC'0213. 0233(8)].
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers — Zone 1
B4-Utility7Gravity Sewer (313)
38 (square feet)
0 (square feet)
Buffers - Zone 2
B1 -Utility -Gravity Sewer (1A),
1,733 (square feet)
0 (square feet)
132 -Utility -Gravity Sewer. (113)
2,163' (square feet)
'0 (square feet)
133 -Utility -Gravity Sewer (2)
5,11'4 ('square feet)
0 (square feet)
134 -Utility -Gravity Sewer (3A) .
1,509'.(square feet)
0 (square feet)
B4 -Utility -Gravity Sewer (313)
1,568 (square feet)
0 (square feet)
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Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http:/,'portal.iiedetir.orglweb/-,vq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
Andrews Chapel -Sewer Outfall Phase 6
DWR #15-0993 v3
BUFFER APPROVAL
Page 2 of 4
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. Compensatory Mitigation Using Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from Wildlands Engineering to meet this
mitigation requirement. Until Wildlands Engineering receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to Wildlands Engineering to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
4. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case-by-case basis.
5. 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].
Compensatory
Bank Sponsor
River & Sub -basin
Mitigation Required
Number
Buffer-
114 (square feet)
Wildlands Holdings, III,
I
03020201 -Not in Falls
Zone 1
LLC
Lake Watershed
4. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case-by-case basis.
5. 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].
Andrews Chapel -Sewer Outfall Phase 6
DWR #15-0993 v3
BUFFER APPROVAL
Page 3 of 4
6. 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)]
7. 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 appropriateifee. 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.
8.. 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 petition 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).
The petition may be faxed to the OAH at (9.19) 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 He
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 DEQ:
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 Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Andrews Chapel -Sewer Outfall Phase 6
DWR #15-0993 v3
BUFFER APPROVAL
Page 4 of 4
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR —401 & Buffer Permitting Branch
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.Ross@ncdenr off, if you have any questions or concerns.
i
Sinner y,
Danny Smith
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer file
Deborah E. Shirley via e-mail at dshirley@sandec.com