20121032 Ver 1_Approval Letter_20121204

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MCDENR
North • Department of • and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Charles Wakild, P.E
Director
December 4, 2012
Dee Freeman
Secretary
DWQ Project # 12 -1032
Wake County
William Mills & Alease Mills Weatherspoon Ricky & Denise Bennett
8816 Breeland Way 8815 Breeland Way
Raleigh, NC 27613 Raleigh, NC 27613
Subject Property: Approval of 401 Water Quality Certification and
Authorization Certificate per the Neuse Riparian Buffer Rules
Sanctuary Park
Dear Mr. Mills, Mrs. Weatherspoon, and Mr. and Mrs. Bennett:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise temporarily impact 20 linear feet of stream and permanently
impact 1,277 square feet of Zone 1 Neuse River Basin protected riparian buffer and 475 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 (Division) on November 8, 2012. The impacts are
covered by General Water Quality Certification Number(s) 3884 (GC3884), which allows you to
use Nationwide Permit(s) NW12 when issued by the US Army Corps of Engineers (USACE), and
this Buffer Authorization Certificate. 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 approval to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval 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 Certification and approval
letter and is thereby responsible for complying with all conditions. If total fills for this project
(now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 02H.0506 (h). This approval requires
you to follow the conditions listed in the attached certification and any additional conditions
listed below.
The Additional Conditions of the Certification are:
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone. [phone] FAX: [phone]
Internet: http : / /portal.ncdenr.orgAN&wgANs
An Equal Opportunity 1 Affirmative Action Employer
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Sanctuary Park
Page 2 of 3
December 4, 2012
1. 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
Stream — temporary
20 (linear feet)
PCN pg 5 of 12
Zone 1 Buffers — permanent
1,277 (square ft.)
PCN pg 6 of 12
Zone 2 Buffers — permanent
475 (square ft.)
PCN pg 6 of 12
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 15 NCAC 02H .0500.
3. Diffuse Flow Plan Submittal Required
Because the stormwater management plan (SMP) 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. 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: / /Portal.ncdenr.org/ 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.

Sanctuary Park
Page 3 of 3
December 4, 2012
5. Certificate of Completion
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: / /r)ortal.ncdenr.org/ web /wq /swp /ws/ 401 /`certsandpermits /apply /forms).
You can contest this Certification 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 sixty (60) calendar days of receipt of this Certification, 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 8:00am and 5:00pm, 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
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 Certification shall be final and binding.
Sincerely,
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater — Compliance & Permitting Unit
Enclosures: IGC3884
cc: USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
Nicole Thompson, Soil & Environmental Consultants, PA, 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Filename: 1210325anctuaryPark(Wake)401_N BR.docx