20080268 Ver 2_Approval Letter_20130214

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NCDcun
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
February 14, 2013
Troy Beasley
Withers and Ravenel
1410 Commonwealth Drive, Suite 101
Wilmington, NC 28403
DWQ # 08 -0268 v2
Wake County
Subject Property: Authorization Certificate per the Neuse Riparian Buffer Rules
Pemberly Subdivision — Colby Chase Drive Extension
Dear Mr. Beasley:
You have our approval, in accordance with 15A NCAC 02B.0233 and any conditions listed
below, to permanently impact 4,341 square feet of Zone 1 and 3918 square feet of Zone 2
Neuse protected riparian buffer, as described within your application for a bridge crossing,
received by the N.C. Division of Water Quality (Division) on January 29, 2013. 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 Certificate shall expire five
(S) years from the date of this letter.
This authorization certificate 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.
Conditions of Certification:
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:
Wetlands, Buffers, Stomrwater— Compliance and Permithng (Webscape) Und
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: [phone] FAX. [phone] Customer Service: 1$77 -623-6748
Internet. www.ncwaterquality org
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Pemberly SD — Colby Chase Drive
Page 2of3
February 14, 2013
Type of Impact
Amount Approved (Units)
Plan Location or Reference
Zone 1- permanent
4,341 (Square ft.)
Page 6 of PCN
Zone 2 - permanent
3,918 (Square ft.)
Page 6 of PCN
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 026.0233.
3. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse
flow at non - erosive velocities through the protected stream buffers such that it will not re-
concentrate before discharging into a stream as identified within 15A NCAC 2B.0233 (5). If
this is not possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen and phosphorus. This may require additional approval from this Office.
4. 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.
S. Stormwater Management Plan (SMP) Approval Required
You are required to provide documentation of the Town of Apex's approval of the
stormwater management plan for this project by providing EITHER:
• A valid approval letter from the Town of Apex indicating that the proposed activity
has an approved SMP and one copy of the approved SMP, including plan details on
full -sized plan sheets, calculations and other supporting information, OR
• A set of stormwater plan details on full -sized plan sheets, calculations and operation
and maintenance agreements stamped as "Approved" by the Town of Apex.
The approved SMP must be submitted to the DWQ WEBSCAPE Unit before any impacts
authorized in this certification occur. In addition, any approved future changes to the SMP
should be sent to the DWQ Webscape Unit (1650 MSC, Raleigh, NC 27699 - 1650).
6. 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: / /portal.ncdenr.orp,/web /wci /swp /ws/ 401 /certsandpermits /apply/forms).

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Pemberly SD — Colby Chase Drive
Page 3 of 3
February 14, 2013
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 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
httt): / /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 DEN R:
Lacy Presnell, 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.
3,5iincely,
Danny Smi , Supervisor
Surface Water Protection — Raleigh
Regional Office
cc: DWQ RRO 401 files
Hampton Pitt; Ashton Raleigh Residential, LLC; 5711 Six Forks Road, St. 300; Raleigh,
NC 27609
File Copy _ e, }At d
File name: 08-0268v2PemberlySDbridgecrossing (Wake)_NBR.docx