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Home My WebLink About20130502 Ver 1_Approval Letter_20130522AL7'GN-';;wAwA NCDENR 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 May 22, 2013 Dorothea Gardens Development, LLC Attn Richard Johnson 514 -338 Daniels Street Raleigh, NC 27605 DWQ # 13 -0502 Wake County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Dorothea Commons Neighborhood Dear Mr Johnson You have our approval for the impacts listed below for the purpose described in your application dated May 3, 2013, received by the Division of Water Quality (Division) on May 10, 2013 Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations This Authorization Certificate shall expire five (5) years from the date of this letter. This approval requires you to comply with the following conditions 1 The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met No other impacts are approved, including incidental impacts Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 0 (square feet) 0 (square feet) Site 1 Buffers — Zone 2 0 (square feet) 780 (square feet) Site 1 Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) 1650 Mail Service Center Raleigh North Carolina 27699 1650 Phone 919 807 6301 1 FAX 91M07 6494 Internet nttp llportal ncdenr orghveb /wg1ws An Equal Coportunity 1 Affirmative Action Employer Dorothea Commons Neighborhood DWQ# 13 -0502 BUFFER APPROVAL Page 2 of 4 Buffers —Zone 1 430 (square feet) 0 (square feet) Site 2 Buffers — Zone 2 280 (square feet) 0 (square feet) Site 2 2 Stormwater Management Plan (SMP) Approval From Local Community Required 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 shall 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 shall be constructed and operational before any permanent building or other structure is occupied at the site • The approved SMP as well as drainage patterns shall 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 shall be submitted to the DWQ Webscape Unit prior to the commencement of the modifications 1 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 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 15 NCAC 02H 0500 4 This approval is for the purpose and design described in your application The plans and specifications for this project are incorporated by reference as part of the Buffer Authorization If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee If the property is sold, the new owner must be given a copy of this approval letter and is responsible for complying with all conditions 5 This approval and its conditions are final and binding unless contested This Buffer Authorization 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 Dorothea Commons Neighborhood DWQ# 13 -0502 BUFFER APPROVAL Page 3 of 4 Hearings (hereby known as OAH) A petition form may be obtained from the OAH at http_ / /www ncoah com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8 OOam and 5 OOpm, excluding official state holidays) The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission Mailing address for the OAH If sending by First Class Mail via the US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e g UPS, FedEx) Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 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 Please send one (1) copy of the petition to DWQ If sending by First Class Mail via the US Postal Service Karen Higgins NC DENR -DWQ— Webscape Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 If sending via delivery service (e g UPS, FedEx) Karen Higgins NC DENR - DWQ — Webscape Unit 512 N Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B 0233 Please contact Chern Smith at 919 - 791 -4251 or cherri smith @ncdenr gov if you have any questions or concerns Dorothea Commons Neighborhood DWQ# 13 -0502 BUFFER APPROVAL Page 4 of 4 Sincer ly, /J /yJ r Danny Smit , Supervisor Surface Water Protection — Raleigh Regional Office cc DWQ RRO 401 files Gerald Pottern, Robert J Goldstein and Associates, Inc , 1221 Corporation Parkway, Ste 100, Raleigh, NC 27610