20120805 Ver 1_Approval Letter_20120828

CER
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild PE Dee Freeman
Governor Director Secretary
August 28, 2012
DWQ Project # 12 -0805
Wake County
Keith Murray
Deborrah Deangelo
4920 Bivens Drive
Raleigh, NC 27616
Subject Property: Keith Murray "Make a Wish Pool"
Perry Creek [030402, 27- 25 -(2), C; NSW]
Neuse River Buffer Rule (15A NCAC 02B .0233 and Session Law 2012 -200) Authorization Certificate with
additional conditions
Dear Sir and Madame:
You have our authorization, in accordance with 15A NCAC 02B .0233 and Session Law 2012 -200 and any
conditions listed below, to impact approximately 272 ft2 of Zone 2 (permanent impacts) of the protected riparian
buffers to install an above ground pool, as described within your application dated August 27, 2012 and received
by the Division of Water Quality (DWQ) on August 271 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 project, 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:
1. Impacts Approved
The following impacts are hereby approved as
this Certification (or Isolated Wetland Permit)
incidental impacts:
g as all of the other specific and general conditions of
met. No other impacts are approved including
NorthCarolina
Allt tarry
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www ncwaterquality.org 1628 Mad Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal Opportunity /Affirmative Action Employer —
50% Recycled /10% Post Consumer Paper
Amount Approved (Units)
Location or Reference
Zone 2 Buffers 1272
(square feet) permanent impacts
PCN page 5 of 10
NorthCarolina
Allt tarry
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www ncwaterquality.org 1628 Mad Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal Opportunity /Affirmative Action Employer —
50% Recycled /10% Post Consumer Paper

Page 2
2. 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.
3. 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.
4. 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. 150B. 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: (919)- 733 -2698, Facsimile: (919)- 733 -3478
A copy of the petition must also be served on DENR as follows:
William Cary, 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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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 (919) 791 -4251. 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.
S' e ely,
Danny Sm th
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosure: Certificate of Completion
cc: DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Gerald Sinnott — Rising Sun Pools, 5608 Hillsborough St, Raleigh, NC 27606
Filename: 12- 0805_Keith Murray Make a Wish Pool_NBR_SB229_Approva1