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Home My WebLink About20050913 Ver 5_Approval Letter_20131008,.A4 ��61 NC®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 October 8, 2013 American Asset Corporation Attn: Joe Dye 7990 Arco Corporate Drive, Ste. 119 Raleigh,, NC 27617 DWR # 05- 0913v5 Wake County Subject: AUTHORIZATION CERTIFICATE PER'THE NEUSE RIVER BASIN RIPARIAN BUFFER'PROTECTION RULES (15A'NCAC 02B.0233) WITH ADDITIONAL'CONDITIONS Brier Creek Town Center Apartments Sewer Line Dear Mr. Dye: You have our approval for the impacts listed below for the purpose described in your application dated September 25, 2013 and received by the Division of Water Resources (Division) on' September 30, 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 regulatio'n's. 'This Authorization Certificate shall expire five (5) -years from the date of this fetter. This app "roval 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 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 1,261 (square feet) 0 (square feet) Clearing for'corridor Buffers — Zone 2 988 (square feet), 0 (square feet) Clearing for corridor Nmrally se Carolina North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Internet - www ncwaterouahty org Location 3800 BarrettDnve Raleigh, NC 27609 Fax (919) 788 -7159 An Equal Opportunity /Affirmative Action Employer —.50% Recycled /10% Post Consumer Paper Bnar,Creek Town, Center Apts Sewer Line DWR #05- 0913x5 BUFFER APPROVAL Page 2 of 3 2. 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 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). 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'Peesnell, 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 DWR: If sending 'byFirs't,Closs °Mail' via the US Postal Service: ,Karen Higgins NC DENR -DWR — Websca,pe Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 Briar Creek Town Center Apts Sewer Line DWR #05- 0913v5 BUFFER APPROVAL Page 3 of 3 If °sending via "delivery_` service (e.g. UPS„ FedEx): Karen Higgins NC DENR =DWR — 'Webscape Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completesthe review of•the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please'contact Cherri "Sm "ith at 919 -791 -4251 or cherri.smith @ncdenr.gov if you have any questions or concerns. iincer ly, J AIM Danny'SmitYS, Supervisor Water`Quality Section — Raleigh Regional, Office, cc: DWQ RRO 401 files Kevin Yates; McAdams Company; 2905 Meridian Parkway; Durham, NC 27713