20201115 Ver 1_Buffer Approval Letter_20201015

October 13, 2020

DWR #20-1115
Wake County

Marc Raymond Curry
4505 Pike Road
Raleigh, NC 27613-4071

Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS
Curry Addition:

Dear Mr. Curry,

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 August 30, 2020 with
additional information received on October 13, 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, inclu ding
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. 0714].

Type of Impact

Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers – Zone 1
B1: Sunroom Addition 129 (square feet) 0 (square feet)
B2: Deck 82 (square feet) 0 (square feet)
Buffers – Zone 2
B1: Sunroom Addition 125 (square feet) 0 (square feet)
B2: Deck 75 (square feet) 0 (square feet)

Curry Addition: 4505 Pike Road, Raleigh
DWR #20-1115
BUFFER AUTHORIZATION APPROVAL
Page 2 of 4

2. 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)]

3. No Additional Zone 1 Impacts
No impacts (except for "Deemed Allowable" 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)]
4. Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received a Statement of Availability letter from EBX-Neuse I, LLC Neuse Riparian
Buffer Umbrella Mitigation Bank (EBX-Neuse I), RES Neuse Buffer and Nutrient Offset
Umbrella Mitigation Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation
Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank (EBX) to meet this
mitigation requirement. The specific bank site to be debited will be Buffalo Branch, Selma
Mill, Cedar Grove, Hatley, Ezell, Polecat, Hannah Bridge, Meadow Spring, Uzzle, Poplar
Creek, Bucher and Stone Creek all located in HUC 03020201. Until EBX-Neuse I, or EBX
receives and clears your payment, and proof of payment has been provided to this Office,
no impacts specified in this Authorization Certificate shall occur. For accounting purposes,
this Authorization Certificate authorizes payment to EBX-Neuse I, LLC or EBX to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation
Required
Bank Sponsor River & Sub-basin
Number
Buffer-
Zone 1 633 (square feet) EBX-Neuse I, LLC or EBX Neuse: 03020201-Not in
Falls Lake Watershed
Buffer-
Zone 2 187.5 (square feet) EBX-Neuse I, LLC, or EBX Neuse: 03020201-Not in
Falls Lake Watershed
Total: 820.5 (square feet)

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

Curry Addition: 4505 Pike Road, Raleigh
DWR #20-1115
BUFFER AUTHORIZATION APPROVAL
Page 3 of 4

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.

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 [15A NCAC 02H .0501
and .0502].

7. 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)]

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 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 fiv e (5)
business days following the faxed transmission.

Mailing address for the OAH:

Curry Addition: 4505 Pike Road, Raleigh
DWR #20-1115
BUFFER AUTHORIZATION APPROVAL
Page 4 of 4

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:

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 Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Paul Wojoski
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 .0714. Please contact Stephanie Goss at 919-791-4256 or
[e-mail] 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 file
David Myrick via email at [e-mail]