20120428 Ver 2_Approval Letter_20120511

C®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld PE Dee Freeman
Governor Director Secretary
May 11 2012
DWQ Project # 12 0428 v 2
Wake County
Knightdale Investors LLC
Attn Tim Smith
100 Weston Estates Way
Cary NC 27513
Subject Property Mudruckus MS2012
Marks Creek [030402 27 38 C NSW]
Neuse River Buffer Rule (15A NCAC 02B 0233) Authorization Certificate with additional conditions
Dear Mr Smith
You have our authorization in accordance with 15A NCAC 02B 0233 and any conditions listed below
to impact approximately 7 450 ft2 of Zone 1 (temporary impacts) and 4 076 ft2 of Zone 2 (temporary
impacts) of the protected riparian buffers to construct and obstacle course for charity race as described
within your application dated May 1 2012 received by the Division of Water Quality (DWQ) on May 2
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 regulations
This authorization certification is for the purpose and design that you described in your application If
you change your protect 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
The Additional Conditions of the Certification are
I 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
O
None hCarolma
�1 atura!!ry
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www ncwaterquality org 1628 Mail Service Center Raleigh NC 27699 1628 FAX [phone] 623 6748
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper
Amount A proved (Units)
Plan Location or Reference
Zone 1 Buffers
7 450 (square ft temporary impacts
PCN page 6 of 11
Zone 2 Buffers
4 076 (square ft ) temporary impacts
PCN page 6 of 11
O
None hCarolma
�1 atura!!ry
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www ncwaterquality org 1628 Mail Service Center Raleigh NC 27699 1628 FAX [phone] 623 6748
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper

Page 2
2 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
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
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
4 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
protect
5 Diffuse Flow
All stormwater shall be directed as diffuse flow at non erosive velocities through the protected
stream buffers and will not re concentrate before discharging into the stream as identified within
15A NCAC 2B 0233(5) or if this is not possible it is necessary to provide stormwater facilities
that are considered to remove nitrogen
6 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

f Page 3
within the buffer wetland or water prior to any land disturbing activities to ensure compliance
with 15A NCAC 2B 500
7 Notification of Project Commencement
Please notify DWQ (Lauren Witherspoon at [phone] or lauren witherspoongncdenr gov)
of the proposed start date of the protect
8 Certificate of Completion
Upon completion of all work approved within this authorization and any subsequent
modifications the applicant is required to return the attached certificate of completion to the
Wetlands Buffers Stormwater Compliance and Permitting Unit North Carolina Division of
Water Quality 1650 Mail Service Center Raleigh NC 27699 1650
Any disputes over determinations regarding this Authorization (associated with the approved
buffer impacts) shall be referred in writing to the Director within thirty (30) days of receipt of this notice
for a decision
You can contest the Director s decision as provided in Articles 3 and 4 of G S 1508 To
contest the Director s decision you must file a petition for an administrative hearing You may obtain
the petition form from the office of Administrative hearings You must file the petition with the office of
Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8 OOam and
5 OOpm except for official state holidays The original and one (1) copy of the petition must be filed
with the Office of Administrative Hearings
The petition may be faxed provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission
The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh NC 27699 6714
Telephone [phone] Facsimile [phone]
A copy of the petition must also be served on DENR as follows
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
This Authorization shall expire five (5) years from the date of this letter

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ti
This letter completes the review of the No Practical Alternatives determination under 15A NCAC 2B
0233 If you have any questions please call Lauren Witherspoon at [phone] This letter does
not authorize any impacts to either Waters of the United States or Waters of the State Please contact
the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are
proposed to waters on this project
Sin rely
G1h sDanny Sm
Surface Water Protection Section
Supervisor
Raleigh Regional Office
Enclosures Certificate of Completion
cc DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Troy Beasley — Withers and Ravenel 1410 Commonwealth Drive Suite 101 Wilmington NC 28403
Filename 12 0428 v 2_Mudruckus MS2012_NBR_Approval