20081032 Ver 2_More Info Received_20121106

EVANS ENGINEERING, INC.
ENGINEERS, PLANNERS, SURVEYORS
4609 DUNDAS DRIVE
GREENSBORO, NORTH CAROLINA 27407
PHONE: [phone] FAX: [phone]
DATE:
A.M.
CLIENT: P.M.
PROJECT: z
TO: FU T
From:
TO BE DELIVERED [. ] TO BE MAILED [Lll-�TO BE PICKED UP[ ]
WORLDWIDE EXPRESS [ ] FEDERAL EXPRESS [ ]
COMMENTS:
ATTA). IeArel=-A) -l-AE
-•� G C

To:
EVANS ENGINEERING, INC.
Post Office Box 10285
GREENSBORO, N.C. 27404
Telephone: [phone]
Fax: [phone]
Karen A. Higgins
................
N'@IF79�@
Letter
Date: 11 -5 -12
Subject: 1285 US HWY 70 Buffer Impact
.................... PCN Signature ......... ...............................
Karen,
In response to your comment on our recent submittal of a PCN application for the above
mentioned project regarding Jeff Nimmer's signature on page 10 of the PCN application, please
find the attached revised PCN application signed by the owner of the applicant, Kotis Garner,
LLC, William Kotis III. Thanks.
36) 854 -8877
Drew
lease reply ❑ No reply necessary
s
7�, " 6 C U 11
DENR . t�F,iEk'UALM,
rends � S����srai�� �rarzriT �

02 -- i o 3 a- U a..
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. WIII this project occur in or near an area with federally protected species or
habitat?
❑ Yes ❑ No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
❑ Yes ❑ No
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
❑ Yes ❑ No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Kath 115
Applicant/Agent's Printed Name
W
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided
Date
Page 10 of 10

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild, P.E. Dee Freeman
Governor Director Secretary
November 29, 2012
Kotis Garner, LLC
Attn: William M. Kotis, III
1500 Mill Street, Suite 105
Greensboro, NC 27429
DWQ Project # 08-1032, Ver. 2
Wake County
Subject: Authorization Certificate per the Neuse River Basin Riparian Buffer Protection Rules
(15A NCAC 02B.0233) with Additional Conditions
1285 US Highway 70
Dear Mr. Kotis:
You have our approval, in accordance with 15A NCAC 0213.0233 and any conditions listed
below, to permanently impact 1,290 square feet of Zone 1 Neuse River Basin protected riparian
buffer and 2,980 square feet of Zone 2 Neuse River Basin protected riparian buffer, as
described within your application, received by the N.C. Division of Water Quality (DWQ) on
September 17, 2012 and additional information received November 6, 2012. In addition, you
should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non -discharge, and other regulations. This Authorization Certificate shall expire five
(5) years from the date of this letter.
This authorization certification is for the purpose and design that you described in your
application. If you change your project, you must notify us and you may be required to send us
a new application. If the property is sold, the new owner must be given a copy of this
authorization letter and is thereby responsible for complying with all conditions. This
authorization requires you to follow the conditions listed below.
Additional Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact
Amount Approved
(Units)
Plan Location or
Reference
Zone 1 Buffers —
1,290 (square ft.)
PCN, page 5 (Section
Wetlands. Buffers, Stonnwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh North Carolina 27699-1650
Phone [phone]', FAX [phone]
Internet, hBp llportal ncdenr orglweb/wglws
An Equal Opportunity 1 Affirmative Action Employer

1285 Us Highway 70
Page 2 of 4
November 29, 2012
permanent
Compensatory Mitigation Required
C.6)
Zone 2 Buffers -
permanent
2,980 (square ft.)
PCN, page 5 (Section
C.6)
2. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 02B.0233.
3. Diffuse Flow Plan Submittal Required
Because the stormwater management plan approved by the Town of Garner is being used
to meet diffuse flow requirements on this project, you are required to provide one copy of
the approved SMP, including plan details on full-sized plan sheets, with proof of the Town of
Garner's approval. The approved SMP must be submitted to the DWQ Webscape Unit
(1650 Mail Service Center, Raleigh, NC 27699-1650) before any authorized buffer impacts
occur. The following requirements also apply:
• The approved SMP must be constructed and operational before any permanent
building or other structure is occupied at the site.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the Town of
Garner. A copy of the approval letter and the modified SMP must be submitted to
the DWQ Webscape Unit prior to the commencement of the modifications.
4. Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you intend to purchase credits from the Forrest Creek Riparian Buffer
Mitigation Bank as described in your application to meet this mitigation requirement. This
has been determined by the Division to be a suitable method to meet the mitigation
requirement. Until the Forrest Creek Riparian Buffer Mitigation Bank receives and clears
your check, no impacts specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment to the Forrest Creek Riparian
Buffer Mitigation Bank to meet the following compensatory mitigation requirement:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Riparian Buffer
7,406 (square feet)
Neuse / 03020201
5. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:

1285 US Highway 70
Page 3 of 4
November 29, 2012
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow
pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation
in accordance with the requirements of the Sedimentation Pollution Control Act.
6. 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.
7. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without
prior approval by the Division. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands
or stream beds or banks, adjacent to or upstream and down stream of the above structures.
All sediment and erosion control devices shall be removed and the natural grade restored
within two (2) months of the date that the Division of Land Resources or locally delegated
program has released the project.
8. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
http://Porta1.ncdenr.org/web/wq/swp/ws/401/certsandPerm its/apply/forms).
9. Deed Notifications
Deed notifications or'similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording
of the property, or of individual lots, whichever is appropriate. A sample deed notification
can be downloaded from the Wetlands, Buffers, Stormwater, Compliance and Permitting
Unit web site at:
http://Porta1.ncdenr.ore/web/wq/swp/ws/401/certsandPermits/apply/forms. The text of
the sample deed notification may be modified as appropriate to suit to this project.

1285 US Highway 70
Page 4 of 4
November 29, 2012
You can contest this Authorization Certificate 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. You may obtain a petition form from the Office of Administrative Hearings at
http://www.ncoah.com/ or call [phone] for information.
Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at [phone], provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
One (1) copy of the petition must also be served to DENR:
William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Authorization Certificate shall be final and binding.
Sincerely,
Karen Higgins, Super icor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
cc: DWQ Raleigh Regional Office
Anthony Lester, Evans Engineering, Inc., 4609 Dundas Drive, Greensboro, NC 27407
Matthew R. Fisher, EBX, 909 Capability Drive, Suite 3100, Raleigh, NC 27606
File Copy
Filename: 081032Ver21285USHighway70(W ake)_NBR_Approve.docx