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Home My WebLink About20130889 Ver 1_Approval Letter_20130910NC®ENR, North Carolina Department of,Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A., Reeder John E. Skvarla, III Governor -Director .Secretary September 10; 2013 New,Hope Development Partners, LLC Attn: Lindsay Sewell 4904SWater Edge Drive,, Ste. , 160 Raleigh, NC- 27606 DWR # 13 -0889 Wake County Subject:, AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAWBUFFER PROTECTION RULES (15A NCAC 02K:0233) WITH ADDITIONAL CONDITIONS New Hope Development — Lot 4 Dear Ms. Sewell: You have our approval ,for the impacts listed below•for the purpose described' in your application dated August 6, 2013 and received by the Division of Water Resources (Division) on August 23,2013. ,Please note that you should get'any otherfed'e tali "state or focal, permits before proceeding-with your project,.including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and' Water'Supoly 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;arej 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,lrripact Amount Approved Amount Approved (units)' (units) Permanent Temporary Buffers — Zone 1 '366 (square:feet) �0 (square feet) Buffers —,Zone Z 161 (square'feet) 0 (square ,feet) 2. Stormwater Management Plan (SNIP) Approvalfrom Local Community Required 'Because'the locally approved 'SMP is being used`tosatisfy,the diffuse flow provisions of the'Neuse Buffer Rule, you are requited'toprovide,one copy ofthe approve _d,SMP,,including;plandetails on full -sized plan o Carolina Natknatlry North Carolina Division,of water Resources 1628Wail'Service Center U6igh,,NC,27699 -1628 Phone;(919) 791=4200 Internet www ncwaterguality -org ,Location_ 3800 Barrett Drive Raleigh, NC '27609 Fax (919) 788 -7159 An Equal Opportunity/Affirmative Action Employer - 50WRecycledl10% Post Consumer,Paper, New. Hopelot 4 DWR #13 -0889 BUFFER APPROVAL Page 2 of'3 sheets, with proof of the City of Raleigh's approval. The approved SMP shall be submittedto,tfhe,DWR Webscape Unit (1650 Mail Service Center.,,Raleigh, KC 27699 -1650) before any impacts,authorized in this certification occur. After it is'approved and su'b'mitted'to the Division, the ,SMP may not be modified without prior written authorization'from te City -of Raleigh. 'If the SMP is modified in the future, then en you "shall, provide oneJ modified SMP with proof of approval to the DWR, Webscape Unit prior toathe" commencement of the modifications. 3. ° No Waste; Spoil ;'Solids; or Fill of Any Kind, No waste, spoil, solid's, 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 ihfringe within the buffer,, wetland or water;prior to any,land disturbing activitiesao ensure compliance,with 15.NCAC 02H .0500. 5. This approval, i'sJorthe,purpose,and design�described in your application. The,plans and specifications�for this'projed are i "ncorporated,by,reference a's 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 I letter and is ,responsible for complying with all conditions. 6.. Th'is,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 .15013 by filing a,wdtten petition for an administrative hearing;to the Office of Administrative Hearings, "(hereby known as,OAH). A petition form may be obtained from the,OAWat http://.www.nc-oah.com/or'bycdlli'ng,fhe OAH Clerk's; Office at (919) 431 -3000 for information. -Within sixty (60) calendar,days of receipt of�this notice,, a petition must be fil'edwith the OAH. A petition is considered'filed whenthe original and one,(1) copy along with any applicable,OAH filing feeds received in the,OAH during.normal office,hours,(Mondaythrough Friday between 8 :00am and 5:00p,m, excluding official state, olidays). 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,addresslor,the OAW: If.'sending by First Class Mail via,the•US Postal Service. - Office of Administrative Hearings 6714 Mail Service Center Raleigh; NC,27699 =6714 If,`sendingvia delivery service (e.g. -UPS, FedEx). Office of Administrative Hearings 1711 New Hope Church Road Ral'eigh,,NC 27609 -6285 One (1) copy of the petition must also be, served to DEN R: L•acy'Presnell, General Counsel Department of Enviroriment,and, Natural Resources 1601 Mail'Service Center Raleigh, NC 27699 -1601 Please send, one (1) copy�of the petition to DWR: If sending by First Class Mail via`the US Postal Service; Karen Higgins NC DENR -DWR — W',ebscape Unit 1650 Mail Service Center Raleigh, NU76994650 If sending via, delivery,service (e.g. UPS, Fedti) Karen Higgins NC DENR -DWR — Webscape Unit 512-N. Salisbury Street Raleigh, NC 27604 New Hope Lot 4 D W R''##13 -0889 BUFFER.APPROVAL- Page lof'3 This letter completes thereview,of the `Div'ision under the N'euse'Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherr,i Smith at 919-791 -4251 or cherri.smith @ncd'enr.gov if you have any questions,or. concerns. - ince ely, Danny Smi ,Supervisor Surface .' -ter Protection — Raleigh Regional Office cc: IDWQ RRO 401 files - Jim Roth; COLE Design Group; 10777 Sunset Office Orive;,St. Louis, MO 63127