20121082 Ver 1_Approval Letter_20130814

NCDENR
North Carolina Department
Kendall Hills H. 0. A.
Attn: Jay Sikes
1612 Kendall Hill Road
Willow Spring, NC 27592
Water Quality Programs
Thomas A. Reeder
Director
August 14, 2013
Jahn E. Skvarla, III
Secretary
DWQ# 12 -1082
Wake County
Subject: Approval of Neuse Riparian Buffer Impacts with Additional Conditions
Kendall Hill Walking Path
Dear Mr. Sikes:
You have our approval for the impacts listed below for the purpose described in your
application dated November 27, 2012, received by the Division of Water Quality (Division)
November 29, 2012, with subsequent information on July 1, 2013. These impacts are covered
by the Buffer Rules and the conditions listed below. 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 follow the conditions listed in the enclosed certification (s) or
general permit and the following 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
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers —Zone 2
5,040 (square feet)
NA (square feet)

Kendall Hills H. 0. A.
DWQ# 12 -1082
Buffer Approval
Page 2 of 3
2. 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 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.
3. No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and
activities designated as "exempt" within 15A NCAC 02B .0233), unless otherwise
approved by the Division.
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 .0267 (8). 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.
5. 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: / /Portal.ncdenr.org /web /wq /swp/ws/ 401 /certsandpermits/apply/forms).
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.
Within sixty (60) 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
8:00am and 5:00pm, excluding official state holidays).

Kendall Hills H. 0. A.
DWQ# 12 -1082
Buffer Approval
Page 3 of 3
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 via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
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
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC .0233. Please contact Jennifer Burdette at 919 - 807 -6364 or
jennifer.burdette @ncdenr.Iov if you have any questions or concerns.
Sincerely,
fWeands, to Hi gLs, ervisor
Streams —
Compliance & Permitting Unit
cc: USACE Raleigh Regulatory Field Office
DWQ RRO 401 files
DWQ Webscape Unit
Filename: 121082KendallHillsHOAHikingTrail (Wake)_NRB.docx