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HomeMy WebLinkAbout20190759 Ver 1_Buffer Approval Letter_20190709ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Micah and Katherine Rickard 115 Thornewood Drive Cary, NC 27518 NORTH CAROLINA Environmental Quality July 09, 2019 DWR #19-0759 Wake County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 0213 .0233) WITH ADDITIONAL CONDITIONS 115 Thornewood Drive, Cary Dear Mr. and Mrs. Rickard: 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 7, 2019. 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 02B. 0233(8)]. Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary. Buffers — Zone 2 B1- Attached Garage 692 (square feet) 0 (square feet) No th Carolltia Deparnytent of Erivirontrc-i?tal Cluailt'y' I Division of Water Resources tf 0;__ \ Raleigh Reyianal Office ; 31300 t3arrett Drivet.alciyt't, North C'arbtina 27609 Onpai•Jiuri oe �mvc:un&oral RvaEE.iyi 919.791.4200 1 115 Thornewood Drive DWR #19-0759 BUFFER APPROVAL Page 2 of 4 No Zone 1 Impacts No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the Division. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the Division. 3. 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)] 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 Anv 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]. 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 115 Thorhewood Drive DWR #19-0759 BUFFER APPROVAL Page 3 of 4 Authorization: If you change your project; you must notify the Division and you maybe required to submit anew 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. [:15A,NCAC 02B .0507(d)(2)] This approval and,.its.conditions are -final and binding unless contested. [G.S. 143-215.51 This Certification and'Buffer Authorization can be contested as provided in. General Statute 1506 by filing a'written petition 'for;;an administrative,hearing. to the Office of Administrative Hearings (hereby known as OAH) W,Jthin sixty (60) calendar days. A petition form maybe obtained from the OAH at http //www.ncoah.com/ or by calli'rig the OAH Clerk'sOffice at (919)'431-3000 for ''information. A petition is con`cider,ed,filed'when;.the,!original !j and one (1) copy along with any applicable OAH filing,fee is received,ln' the OAH during normal office hours (Monday through Friday between 8:00a m.1 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 DWR: If sending by First Class Mail If sending via delivery service via the US Postal Service: (e.g. UPS, FedEx): Karen Higgins Karen Higgins NC DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 115 Thornewood Drive DWR #19-0759 BUFFER APPROVAL Page 4 of 4 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. Sincerely, Karen Higgins Supervisor, 401 & Buffer Permitting Branch cc: DWR RRO 401/Buffer Authorization file DWR 401 & Buffer Permitting Unit file Chris Hodges via e-mail at chris@redeeminghomes.com