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Home My WebLink About20071665 Ver 4_Approval Letter_20130520A& ,® CDR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Carriage Creek, LLC Attn Paul Flaherty P O Box 133 Clayton, NC 27528 Division of Water Quality Charles Wakild, P E Director May 20, 2013 John E Skvarla, III Secretary DWQ # 07- 1665v4 Johnston County Subject AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Carriage Creek Subdivision Dear Mr Flaherty You have our approval for the impacts listed below for the purpose described in your application dated April 3, 2013, received by the Division of Water Quality (Division) on April 5, 2013 with additional information received on April 29, 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 approval requires you to follow these additional conditions 1 The following impacts are hereby approved provided that all of the other specific and general conditions of the 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 1 305 (square feet) 0 (square feet) Site 1 Buffers — Zone 2 410 (square feet) 0 (square feet) Site 1 Wetlands Buffers £tormwater Comoi ante and Permit'ing Unit (WeB DCaPe) 1650 Mail Service Center Rale,gh North Carolina 2 699 1650 Phone 919 -807 6301 1 FAX 919 807 6494 Internet http trportal nrdenr org /weblwgPv� An Equal Orportun,ty 14ffirma',ve Action Employer Carriage Creek, LLC DWQ# 07- 1665v4 BUFFER APPROVAL Page 2 of 4 2 Diffuse Flow Approval by the DWQ The diffuse flow plan approved by the DWQ consists of one level spreader and vegetated filter strip(s) and all associated stormwater conveyances, the grading and drainage patterns depicted on plan sheets dated April 3, 2013 No changes to the level spreader- vegetated filter strip shall be made without written authorization from DWQ The diffuse flow devices shall have maintenance access and at least a 10 -foot drainage easement on each side to allow for the ability to maintain the structures, and to perform corrective actions The stormwater easements shall be recorded to provide protection of the structures from potential alterations by future property owners The approved diffuse flow shall be maintained m perpetuity in accordance with the LS -VF5 operation and maintenance (0 & M) agreement(s) signed by Mr Paul Flaherty (Manager, Carriage Creek, LLC) on September 10, 2012 The 0 & M agreement(s) shall transfer with the sale of the property or transfer of ownership /responsibility for the BMP facilities DWQ shall be notified promptly of every transfer 3 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 4 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 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 6 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 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 Carriage Creek, LLC DWQ# 07- 1665v4 BUFFER APPROVAL Page 3 of 4 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 chern smith @ncdenr Rov if you have any questions or concerns rely, Danny SmO, Sup Surface Water Protection — Raleigh Regional Office Carriage Creek, LLC DWQ# 07- 1665v4 BUFFER APPROVAL Page 4 of 4 cc Carlos Bagley, Dalton Engineering & Associates, PA, P 0 Box 426, Clayton, NC 27528 DWQ RRO files