20120362 Ver 2_Approval Letter_20120926

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild PE Dee Freeman
Governor Director Secretary
September 26, 2012
DWQ Project # 12 -0362 v.2
Wake County
Danny Williams
107 Avenue of the Estates
Cary, NC 27518
Subject Property: 107 Avenue of the Estates — Williams Property
UT to Swift Creek [030402, 27- 43 -(1), WS -III; NSW]
Neuse River Buffer Rule (15A NCAC 02B.0233 and Session Law 2012 -200) Authorization Certificate with
additional conditions
Dear Sir:
You have our authorization, in accordance with 15A NCAC 02B .0233 and Session Law 2012 -200 and any
conditions listed below, to impact approximately 130 ft2 of Zone 2 (permanent impacts) of the protected riparian
buffers to construct a gazebo and retaining wall for a single family residence, as described within your application
dated September 13, 2012 and received by the Division of Water Quality (DWQ) on September 13, 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:
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:
Amount Approved Units Plan Location or Reference
Zone 2 Buffers 130 (square feet) permanent impacts PCN page 6 of I 1
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,
North Carolina Division of Water Quality
Internet www ncwaterquality org
Raleigh Regional Office
1628 Mad Service Center
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NonehCarolina
AdUra!!J
Surface Water Protection Phone [phone] Customer Service
Raleigh, NC 27699 -1628 FAX [phone]
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

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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:
Mr. 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 Danny Smith at (919) 791 -4200. 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.
Sincerely,
7�' 1;17"
r
Danny Smith
Surface Water Protection Section Supervisor
Raleigh Regional Office
Enclosure: Certificate of Completion
cc: DWQ Central Office — WeBSCaPe — 1650 Mail Service Center
RRO File Copy
Debbie Edwards — S &EC, 11010 Raven Ridge Road, Raleigh, NC 27614
Filename 12 -0362 v 2 107 Avenue of the Estates_NBR SB229_Aonroval