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Home My WebLink About20181077 Ver 1_Approval Letter_20180913September 13, 2018 ROY COOPER Governor MICHAEL REGAN Secretary LINDA CULPEPPER Interim Director .DWR #18-1077 Wake County City of Raleigh Attn: Diane Sauer - P.O. Box 590 Raleigh, NC 27602 Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTIONAULES (15A NCAC 026 .0233) WITH ADDITIONAL CONDITIONS River Bend Park -Phase 1 Dear Ms. Sauer: You have our approval for the irri_pacts listed below for the purpose described in your application received by the Division of Water Resources (Division)"on August 2, 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 the Buffer Rules are met. No other impacts are approved, including incidental impacts [15A NCAC 029. 0233(8)]. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers.—. Zone 1 131 -Kayak Laurich/Trail 1,493.5 (square'feet) 0 (square feet) 132 -Kayak Launch Construction Area 0 (square feet) 905.5 (square feet) Buffers — Zone 2 B1 -Kayak Laurich%Trail 1,138.6 (square feet) 0 (square feet) 132 -Kayak Launch Construction Area 0 (square feet) �494.1,(square feet) Division, of Water Resources, RaleighRegional Office, Water Quality Operations Section http://l)ortal.ncdenr.org,/web/wq/,ips 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 River Bend Park -Phase 1 DWR #18-1077 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. 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 shal] 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. 4. 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]. 5. 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)] 6. 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. . 7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] River Bend Park -Phase 1 DWR #18-1077 BUFFER APPROVAL Page 3 of 4 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 maybe 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 (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 DWQ: 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 River Bend Park -Phase 1 DWR #18-1077 BUFFER APPROVAL Page 4 of 4 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. Sin erel , Danny Smit Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401/Buffer Authorization file DWR 401 & Buffer Permitting Unit file Walter Cole via e-mail at wcole smeinc.com