20110335 Ver 2_Approval Letter_20121108

NC ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild, P.E. Dee Freeman
Governor Director Secretary
November 8, 2012
DWQ Project # 11 -0335 v2
Wake County
Pappas Properties, LLC
Attn: Alan Dean
111 Metropolitan Ave; Suite 235
Charlotte, NC 28204
Subject Property: Crabtree Village
House Creek [03020201, 27- 33 -13, C, NSW]
Authorization Certificate per the Neuse River Basin Riparian Buffer Protection Rules (15A NCAC 02B
.0233) with Additional Conditions
Dear Mr. Dean:
You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to
permanently impact 1,270 square feet of Zone 1 Neuse River Basin protected riparian buffer and 689
square feet of Zone 2 Neuse River Basin protected riparian buffer, as described within your application,
received by the N.C. Division of Water Quality (DWQ) on October 12, 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, and other
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.
Additional Conditions of Certification:
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:
Type of Impact
Amount Approved (Units)
Plan Location or Reference
Zone 1 Buffers — permanent
1,270 (square ft.)
PCN, page 7 (Section C.6)
Zone 2 Buffers - permanent
689 (square ft.)
PCN, page 7 (Section C.6)
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone [phone] FAX [phone]
Internet http Hportal ncdenrorglweblwglws
An Equal Opportunity 1 Affirmative Action Employer

Crabtree Village
Page 2 of 4
November 8, 2012
2. 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 within the buffer,
wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 02B
.0233.
3. Diffuse Flow Plan Submittal Required
Because the stormwater management plan approved by the city of Raleigh is being used to meet
diffuse flow requirements on this project, you are required to provide one copy of the approved
SMP, including plan details on full -sized plan sheets, with proof of the city of Raleigh's approval. The
approved SMP must be submitted to the DWQ Webscape Unit (1650 Mail Service Center, Raleigh,
NC 27699 -1650) before any impacts authorized in this certification occur. The following
requirements also apply:
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the city of Raleigh. A
copy of the approval letter and the modified SMP must be submitted to the DWQ Webscape
Unit prior to the commencement of the modifications
4. 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.
5. 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

• Crabtree Village
Page 3 of 4
November 8, 2012
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
6. 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 project.
7. The applicant and /or authorized agent shall provide a completed Certificate of Completion Form to
the DWQ Webscape Unit within ten days of project completion (available at:
http:HportaI.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms).
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit web site at:
http: / /Porta1.ncdenr.ore/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms. The text of the
sample deed notification may be modified as appropriate to suit to this project.
You can contest this Authorization Certificate 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. You may
obtain a petition form from the Office of Administrative Hearings at http: / /www.ncoah.com/ or call
(919) 431 -3000 for information.
Within thirty (30) calendar days of receipt of this notice, you must file the petition with the Office of
Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in'
the Office of Administrative Hearings during normal office hours (Monday through Friday between
8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided the
original and one copy of the petition is received by the Office of Administrative Hearings within five (5)
business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714

Crabtree Village
Page 4 of 4
November 8, 2012
One (1) copy of the petition must also be served to DENR:
William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Authorization Certificate shall be final and binding.
Sincerely,
lJ�l` -i�,
Karen Higgins, Supervis r
Wetlands, Buffers, Stormwater-
Compliance & Permitting Unit
cc: DWQ Raleigh Regional Office
Troy Beasley, Withers and Ravenel, 1410 Commonwealth Drive, Suite 101, Wilmington, NC 28403
File Copy
Filename: 110335v2 Pa ppasPropertiesLLCCra btreeVillage(W a ke)_N BR_Approve.docx