20130220 Ver 1_Approval Letter_20130312

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NCDEENR
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
March 12, 2013
Jimmy Anthony
Oberlin Investors, LLC
702 Oberlin Road, Suite 400
Raleigh, NC 27605 -1357
DWQ# 13 -0220
Wake County
Subject Property: Authorization Certificate per the Neuse Riparian Buffer Rules
Auction Direct Storm Drain Replacement
Dear Mr. Anthony:
You have our approval, in accordance with 15A NCAC 0213.0233 and any conditions listed
- below, to permanently impact 550 square feet of Zone 1 and 1,000 square feet of Zone 2
Neuse protected riparian buffer, as described within your application for storm drain
replacement, received by the N.C. Division of Water Quality (Division) on March 5, 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, Stormwater— Compliance and Permabng (Webscape) Una
1650 Mail Service Center, Ralegh, North Carolina 27699 -1650
Location. 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: [phone] FAX. [phone] Customer Service- 1- 877 -623 -6748
Internet: www ncwaterquality org
NorthCarolina
AWMIrallY

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March 12, 2013
Type of Impact
Amount Approved (Units)
Plan location or Reference
Zone 1- permanent
550 (Square ft.)
Section C.6 of PCN
Zone 2 - permanent
1,000 (Square ft.)
Section C.6 of PCN
2. Periodic Corrective Action if Necessary
The area in the vicinity of the discharge of the new 54 -inch storm drain shall be inspected
regularly to determine if there is any erosion in the buffer through which it discharges, the
streambank, the stream itself or the buffer on the opposite side of the discharge point. If
any erosion or sedimentation is observed, then you shall immediately repair and correct the
problem(s) to prevent further damage to the receiving stream and /or buffer. Any required
repairs or corrective action may require a separate Neuse River Buffer Authorization and /or
a 404 Permit from the U.S. Army Corps of Engineers and a 401 Certification from the
Division.
3. 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.
4. 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.
S. 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.
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:// Dortal .ncdenr.orpJweb /wq /swp /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.

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March 12, 2013
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:
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.
S' erely,
Danny Smith, Supervisor
Surface Water Protection — Raleigh
Regional Office
cc: Karen Higgins, DWQ CO files
Bob Zarzecki; Soil & Environmental Consultants, PA; 11010 Raven Ridge Road;
Raleigh, NC 27614
File Copy
File name: 13-0220AuctionDirect(Wake)_NBR.docx