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Home My WebLink About20130159 Ver 1_Approval Letter_20130305i OC2521ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvada, III Governor Director Secretary March 5, 2013 Wesley Smith EMH &T 301 McCullough Drive, Suite 109 Charlotte, NC 28262 DWQ # 13 -0159 Wake County Subject Property: Authorization Certificate per the Neuse Riparian Buffer Rules Cary Town Blvd Retirement Residence Dear Mr. Smith: You have our approval, in accordance with 15A NCAC 0213.0233 and any conditions listed below, to permanently impact 136 square feet of Zone 1 and 167 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 February 19, 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 (5) 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 Permitting (Webscape) Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Locabon- 512 N. Salisbury St Ralegh, North Carolina 27604 Phone: 919 -807 -63001 FAX: 919$07 -64941 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org Noe Carolina atmally Cary Town Blvd Retirement Residence Page 2 of 3 March 5, 2013 Type of Impact Amount Approved (Units) Plan Location or Reference Zone 1- permanent 136 (Square ft.) Section C.6 of PCN Zone 2 - permanent 167 (Square ft.) Section C.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 02B.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 213.0233 (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. 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:// porta1.ncdenr.org/web /wa /swo /ws/ 401 /`certsandPermits /apply /forms). This Certification can be contested 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: /Iwww.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: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: l' .� Cary Town Blvd Retirement Residence Page 3 of 3 -*Warctr 5, 2013 Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: 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. ;h Regional Office cc: Karen Higgins, DWQ CO files Barton Colson; Hawthorn Management Services Corp.; 9310 NE Vancouver Mall Drive, Suite 200; Vancouver, WA 98662 File Copy File name: 13-0159CaryTownBlvdRetirementResidence (Wake)_NBR.docx