20050310 Ver 2_Approval Buffer Impacts - Sierra Ph 5_20200616

Johnston County
DEPARTMENT OF PUBLIC UTILITIES
Post Office Box 2263
SMITHFIELD, NC 27577
[phone]

January 10, 2020

JC # 19-095
Johnston County

South East Development of NC, LLC
Attn: Julian R. Stewart
120 North Tech Drive, Suite 104
Clayton, NC 27520

Subject: APPROVAL OF NEUSE RIPARIAN BUFFER IMPACTS
Sierra Heights Phase 5 Subdivision

Dear Mr. Stewart:

You have our approval for the impacts listed below for the purpose described in your
application dated November 19, 2019. These impacts are covered by the Buffer Rules and the
conditions listed below. 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)
the Johnston County Erosion and Sediment Control Ordinance and the Stormwater Ordinance.

This approval requires you to follow the additional conditions listed below:

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.

Type of Impact

Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers – Zone 1
Utility Crossing 1,777.0 (square feet) (square feet)
Buffers – Zone 2
Utility Crossing 1,073.0 (square feet) (square feet)

2. 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 Authorization.
If you change your project, you must notify the County 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 Authorization and is responsible for complying
with all conditions.

Sierra Heights Phase 5
Buffer APPROVAL
Page 2 of 3

Landowners or affected parties that dispute this Authorization may request a determination by
the Director of the Division of Water Resources (DWR). An appeal request must be made
within sixty (60) days of the date of this letter or from the date the affected party (including
downstream and/or adjacent owners) is notified of this letter. A request for a determination by
the Director of DWR must be referred to the Director in writing c/o Director, DWR 401 & Buffer
Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699. A copy of the request should also
be sent to Jessica Batten, Johnston County Public Utilities, P.O. Box 2263, Smithfield, NC 27577,
or electronically at [e-mail].

The Director’s decision 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) within sixty (60) calendar days.

A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk’s Office at [phone] for information. 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 [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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

One (1) copy of the petition must also be served to DEQ:

General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601

This approval and its conditions are final and binding unless, as detailed above, you ask for an
appeal or contest the decision within sixty (60) days.

This letter completes the review of the County under Neuse Riparian Buffer Protection
Ordinance as described in Article VII Section 14-393. Please contact Jessica Batten at 919-209-
8333 or [e-mail] if you have any questions or concerns.

Sierra Heights Phase 5
Buffer APPROVAL
Page 3 of 3

Sincerely,

Jessica Batten
Development Engineer/ Stormwater
Manager

cc: Charles Pender, Johnston County
Richie Hines, PE