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Home My WebLink About20200925 Ver 1_Buffer Approval Letter_20200810 August 10, 2020 DWR #20-0925 Wake County Clyde Fernandez DeCastro 8805 Red Oak Ct Raleigh, North Carolina 27613 Subject: APPROVAL OF AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS Fernandez Back Porch Dear Mr. DeCastro: You have our approval for the impacts listed below for the purpose described in your application dated July 17, 2020 with additional information received July 27, 2020. This letter shall act as your Authorization Certificate Approval as described within 15A NCAC 02B .0611(b). 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 Approval 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. 0714] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers – Zone 1 B1: Deck 12 (square feet) 0 (square feet) Buffers-Zone 2 B1- Deck 48 (square feet) 0 (square feet) DocuSign Envelope ID: B014E25B-0F8E-411F-AD82-B68E577FCC0B Fernandez Back Porch DWR #20-0925 Authorization Certificate Page 2 of 4 2. No Additional Zone 1 Impacts No impacts (except for "exempt" uses as identified within 15A NCAC 02B .0714 (11) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWR. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWR. [15A NCAC 02B .0714 (8)(a)] 3. Buffer Mitigation You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 36 square feet as required under this variance approval and 15A NCAC 2B .0714. The Division has received a letter of credit availability from EBX- Neuse I, LLC from the Hannah Bridge Mitigation Bank to meet this mitigation requirement. Until EBX-Neuse I, LLC receives and clears your payment, and proof of payment has been provided to thi s Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to EBX-Neuse I, LLC to meet the following compensatory mitigation requirement 15A NCAC 02B .0295(j). Compensatory Mitigation Required Bank Sponsor River & Sub-basin Number Buffer-Zone 1 36 (square feet) EBX-Neuse I, LLC 03020201 Outside Falls Lake Watershed 4. Dispersed Flow All stormwater must be directed and maintained as dispersed flow, as defined in 15A NCAC 02H .0100, at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream. [15A NCAC 02B .0714 (9)] 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. Fernandez Back Porch DWR #20-0925 Authorization Certificate Page 3 of 4 6. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved 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)] 7. 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 application. 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] This approval and its conditions are final and binding unless contested. [G.S. 143 -215.5] This Approval 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 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 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: If sending via delivery service (e.g. UPS, FedEx): 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 Department of Environmental Quality: DocuSign Envelope ID: B014E25B-0F8E-411F-AD82-B68E577FCC0B Fernandez Back Porch DWR #20-0925 Authorization Certificate Page 4 of 4 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: If sending via delivery service (e.g. UPS, FedEx): Paul Wojoski NC DWR – 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Paul Wojoski NC DWR – 401 & Buffer Permitting Branch 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. 0714. Please contact Erin Deck at 919-791-4200 or Erin.Deck@ncdenr.gov if you have any questions or concerns. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: DWR RRO 401/Buffer Authorization file DWR 401 & Buffer Permitting Unit DocuSign Envelope ID: B014E25B-0F8E-411F-AD82-B68E577FCC0B