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Home My WebLink About20070295 Ver 6_BA App Ltr_V5_20191217NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 28, 2015 DWR # 07- 0295v5 Wake County WSR HV LLC c/o Reader and Partners LLC Attn: Scott Lay 8480 Honeycutt Road, Ste. 200 Raleigh, NC 27615 Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS South Lake at Holding Village Dear Mr. Lay: You have our approval for the impacts listed below for the purpose described in your application dated November 25, 2014 and received by the Division of Water Resources Division) on December 2, 2014 with additional information received on January 27, 2015. 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 for DWR # 07 -0295 v5 dated January 28, 2015 replaces the Authorization Certificate for DWR # 07 -0295 v4 dated July 24, 2014. 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)] ' Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http: / /portal.ncdenr.org /web /wq /aps 1628 Mail Service Center, Raleigh, NC 27699 -1628 Phone: (919) 791 -4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788 -7159 An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper South Lake at Holding Village DWR# 07- 0295v5 BUFFER APPROVAL Page 2 of 5 Type of Impact Amount Approved units) Permanent Amount Approved units) Temporary Buffers —Zone 1 1,290 (square feet) 0 (square feet) Inset 2 - Greenway Buffers — Zone 2 1,347 (square feet) 0 (square feet) Inset 2 - Greenway Buffers —Zone 1 306 (square feet) 0 (square feet) Inset 3 — Stormwater Dissipater Buffers — Zone 2 206 (square feet) 0 (square feet) Inset 3 — Stormwater Dissipater Buffers — Zone 1 450 (square feet) 0 (square feet) Inset 4 — Stormwater Dissipater Buffers — Zone 2 307 (square feet) 0 (square feet) Inset 4 — Stormwater Dissipater Buffers — Zone 1 11,496 (square feet) 0 (square feet) Insets 8, 9, 10, 11- Greenway Buffers — Zone 2 25,295 (square feet) 0 (square feet) Insets 8, 9, 10, 11- Greenway Buffers —Zone 1 365 (square feet) 0 (square feet) Inset 12 — Pier Access Buffers — Zone 2 0 (square feet) 0 (square feet) Inset 12 — Pier Access Buffers — Zone 1 0 (square feet) 0 (square feet) Inset 12—Greenway Buffers — Zone 2 2,552 (square feet) 0 (square feet) Inset 12 — Greenway Buffers —Zone 1 249 (square feet) 0 (square feet) Inset 13 — Pier Access Buffers — Zone 2 0 (square feet) 0 (square feet) Inset 13 — Pier Access Buffers — Zone 1 374 (square feet) 0 (square feet) Inset 14 — Pier Access South Lake at Holding Village DWR# 07- 0295v5 BUFFER APPROVAL Page 3 of 5 Buffers — Zone 2 125 (square feet) 0 (square feet) Inset 14 — Pier Access 2. Diffuse Flow All stormwater shall 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. 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] 4. 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. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 5. 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. 6. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5] 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 thirty (30) 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). South Lake at Holding Village DWR# 07- 0295v5 BUFFER APPROVAL Page 4 of '5 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 DENR: John Evans, General Counsel Department of Environment and Natural Resources 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 DENR -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 DEN R -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 Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. Sin r y, r Danny S ith Supervisor, Water Quality Regional Operations Section South Lake at Holding Village DWR# 07- 0295v5 BUFFER APPROVAL Page 5 of 5 cc: DWR RRO 401 file Kevin Yates; McAdams Company; 2905 Meridian Parkway; Durham, NC 27713