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Home My WebLink About20131265 Ver 2_Approval Letter_20140331WDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 31, 2014 Cambridge Farms Apartments, LLC Attn: Mr. Greg Rhodes 3924 Browning Place Raleigh, NC 27609 John E. Skvarla, III Secretary DWR # 13 -1265 V2 Lenoir County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER PROTECTION RULES (15A NCAC 026 .0233) WITH ADDITIONAL CONDITIONS Cambridge Farms Apartments Dear Mr. Rhodes: You have our approval for the impacts listed below for the purpose described in your application dated February 17, 2014, received by the Division of Water Resources (Division) on February 24, 2014 and subsequent information on March 27, 2014. 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 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 B3 900 (square feet) 0 (square feet) B4 0 (square feet) 9,931 (square feet) "Exempt" Buffers - Zone 2 B1 1,830 (square feet) 0 (square feet) B2 0 (square feet) 4,428 (square feet) "Exempt" B3 600 (square feet) 0 (square feet) B4 0 (square feet) 11,352 (square feet) "Exempt" B5 1,780 (square feet) 0 (square feet) Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946 -6481 1 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Cambridge Farms Apartments, LLC Attn: Mr. Greg Rhodes DWR # 13 -1265 V2 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 and authorized by this written approval, including incidental impacts. 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 All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. 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 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 Authorization 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 1506 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 h1tp.-Z/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:OOam and S: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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Cambridge Farms Apartments, LLC Attn: Mr. Greg Rhodes DWR # 13 -1265 V2 BUFFER APPROVAL Page 3 of ,3 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 02B .0233. Please contact Anthony Scarbraugh at 252 - 948 -3924 or anthony.scarbraugh @ncdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant �egional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR cc: Jennifer Burdette, DWR 401 & Buffer Permitting Unit Pat McClain, DELMR WaRO (via e-mail) DWQ WARO 401 files J. Stephen Janowski, J.S. Janowski Engineering, PA (via e-mail)