20181201 Ver 1_Approval Letter_20181121

ROY COOPER.
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
lnt&irn Director
NORTH CAROLINA
Enviro..nmentraf Quafity
November.21, 2018
DR #19-1201
Wake County
City of Raleigh
Attn: Todd Rall
127 W. Hargett Street
Raleigh, NC,27601
Subject: AUTHORIZATION CERTIFICATE PER THE NE,USE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Juniper Street Drainage Improvements
Dear Mr. Rall: .
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 August.29, 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 NCAC 0213. 0233(8)].
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers - Zone 1
B1 -Bank Stabilization
2,458 (square feet)
0 (square feet)
132 -Temp. Construction
0 (square feet)
3,089 .(square feet)
Access. and Excavation
Buffers — Zone 2
132 -Temp. Construction '
0 (square feet)
1,069 (square,feet)
Access and Excavation
$E�SM'dlr iYniHrG^mga'eV dT ilfP,'
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
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Juniper Street Drainage Improvements
DWR #18-1201
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)]
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.
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. 143-215.51
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Juniper Street Drainage Improvements
DWR #18-1201
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 may be obtairied'from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] 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 maybe faxed to the OAH at'[phone], 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
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
5'12 N. Salisbury Street
Raleigh, NC 27604
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Juniper Street Drainage Improvements
DWR #18-1201
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
[e-mail] if you have any questions or concerns.
Sincer y,
Danny Smit
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit file
Keven Arrance via e-mail at [e-mail]
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