20140502 Ver 2_Riparian Buffer Authorization_20140825

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, u b `. ; X w State of North Carolina
. - - -° -- -' Department of Environment and Natural Resources
`"Division of Water Resources O i,® Division of Water Resources
15A NCAC 0213.0233 (8)(b), .0243 (8)(b, 020 8)(b), .0267 (11)(c), .0607 Oe ( ) -
Buffer Authorization
FORM: BA 10 -2013
Riparian Buffer Authorization Form
A.
Applicant Information'
° °'� -�- -_.
1.
Project Information
Ills \Y/19 11
la.
Name of project:
105 Pinecroft Drive
1b. County:
Wake
AUG 22
1c.
Nearest municipality:
Raleigh
1d.
Subdivision name:
Northwood Acres
Nlft - y�q Q
1e.
Is the project located in any of North Carolina's
twenty coastal counties. If yes, answer 1f below.
El Yes ®Nom. ren�
1f.
Is the project located within a NC Division of Coastal
Management Area of Environmental Concern (AEC)?
❑Yes No
2.
Owner Information
2a. Name on Recorded Deed:
Javad Deh han Men abadi
2b.
Deed Book and Page No.
04534 0163
2c. Map Book and Page No.
(include a copy of the recorded
map that indicates when the lot
was created):
1987 727
2d.
Responsible Party
(for Corporations):
2e.
Street address:
214 Collinson Dr
2f.
City, state, zip:
Chapel Hill, NC 27514
2g.
Telephone no.:
2h.
Fax no.:
2i.
Email address:
3.
Applicant Information (if different from owner)
3a. Applicant is:
❑ Agent ® Other, specify:
Future owner of property - under contract
3b.
Name:
Jacqueline F. Gutierrez
3c.
Business name
(if applicable):
3d.
Street address:
111 Grey Horse Drive
3e.
City, state, zip:
Cary, NC 27513
3f.
Telephone no.:
919 - 656 -7185
3g. Fax no.:
3h.
Email address:
ifgutierl1 @gmail corn
4.
Agent/Consultant Information (if applicable)
4a.
Name:
4b.
Business name
(if applicable):
4c.
Street address:
4d.
City, state, zip:
4e.
Telephone no.:
4f.
Fax no.:
4g.
Email address: -
FORM: BA 10 -2013 Page 1 of 4

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
1706830440
1 b. Site coordinates (in decimal degrees):
Latitude: 35 8470
Longitude: - 78.6354
1 c.
Property size:
.25 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
UT Big Branch
2b.
Water Quality Classification of nearest receiving water:
C -NSW
2c.
River basin:
Neuse
3.
Project Description
3a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Vacant land
3b.
Attach an 8 Y x 11 excerpt from the most recent version of the USGS topographic map indicating the location of
the site
3c. Attach an 8 Y x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site
3d.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
120 feet
3e. Explain the purpose of the proposed project:
SFR - Primary residence
3f. Describe the overall project in detail, including the type of equipment to be used: We will be clearing the lot as much
as we can to build our home. A bulldozer will be used to remove trees so we have sufficient land to build our house. After that
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property/
project con
t (including all prior phases) in the past?
❑ Yes ❑ No ❑ Unknown
Comme9ts: James Graham with DWR has
ir me a stream that is subject to the Neuse
riparian buffers is resent on the lot.
4b.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/ Consultant Company:
Other:
4c.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5.
Project History
5a.
Have permits or certifications been requested or obtained for this
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
5b.
If yes; explain and detail according to "help file" instructions.
DWR# 14 -0502, application date - 5/2/14, certificate issued 5/23/14. Approved zone 2 impact of 513 sqft to build house
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes X❑ No
6b.
If yes, explain.
FORM:; BA 10 -2013 Page 2 of 4

C. Proposed Impacts Inventory
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
We will have the driveway on the opposite side of the lot from the creek All gutters will be run underground away from the
buffer area.
I. Buffer Impacts
2. Buffer Mitigation
2a. Will the project result in an impact within a protected riparian buffer that requires buffer
mitigation?
1a. Project is in which protected basin?
® Neuse ❑ Tar - Pamlico ❑,Catawba
❑ Randleman ❑ Jordan ❑ Goose Creek
1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this
form.
Buffer impact
number —
Permanent (P)
or Tem ora T
Reason for
impact
Type of impact
(exempt, allowable,
allowable w/ mitigation)
Stream name
Buffer
mitigation
required?
Zone 1
impact
(sq ft)
Zone 2
impact
(sq ft)
B1 © P ❑ T
House
Allowable
Branch Creek
© Yes ❑ No
0
277
B2 ❑ P ❑ T
Total buffer mitigation
required:
❑ Yes ❑ No
❑ Yes ❑ No
2d. If yes, attach the acceptance letter from the mitigation bank or NC EEP.
B3 ❑ P ❑ T
2f. Comments:
❑ Yes ❑ No
B4 ❑ P ❑ T
❑ Yes ❑ No
B5 ❑ P ❑ T
❑ Yes ❑ No
B6 ❑ P ❑ T I
❑ Yes ❑ No
Total
buffer impacts
0
277
1c. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
We will have the driveway on the opposite side of the lot from the creek All gutters will be run underground away from the
buffer area.
WS ecificall describe measures taken to avoid or minimizq the pqroppopsed im acts throu h ondstruction techniques.
e wrpll use ani maintain silt tpencing throughout construction until sod7seeding instapI ation is coi�np�ete .
2. Buffer Mitigation
2a. Will the project result in an impact within a protected riparian buffer that requires buffer
mitigation?
❑ Yes ® No
2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
calculate the amount of mitigation required in the table below.
Zone
Reason for impact
Total impact
(square feet
Multiplier
Required mitigation
(square feet
Zone 1
3 (2 for Catawba)
Zone 2
1.5
Total buffer mitigation
required:
2c. If buffer mitigation is required, is payment to a
mitigation bank or NC EEP proposed?
❑ Yes ❑ No
2d. If yes, attach the acceptance letter from the mitigation bank or NC EEP.
2e. If no, then discuss what type of mitigation is proposed.
2f. Comments:
FORM: BA 10 -2013 Page 3 of 4

E. Diffuse Flow Plan
All buffer impacts and high ground impacts require diffuse flow or other form of
® Diffuse flow
stormwater treatment. Include a plan that fully documents how diffuse flow will be
'a
BMP
maintained.
maintained. If a Level Spreader is proposed, attach Level Spreader Supplement Form.
1 a.
If due to site constraints, a BMP other than a level spreader is proposed, please provide a
❑ Yes ® No
plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP
public (federal /state) land?
Manual and attach a BMP Supplement Form.
1 b.
F.
Supplementary Information
by First Class Mail via the US Postal Service
1.
Environmental Documentation
OR NC DWR, Transportation Permitting Unit
1 a.
Does the project involve an expenditure of public (federal /state /local) funds or the use of
❑ Yes ® No
Raleigh, NC 27604
public (federal /state) land?
For all other projects sent by delivery service
1 b.
If you answered "yes" to the above, does the project require preparation of an
❑ Yes ❑ No
OR Karen Higgins
environmental document pursuant to the requirements of the National or State (North
NCDWR — 401 & Buffer Permitting Unit
1650 Mail Service Center
Carolina) Environmental Policy Act (NEPA /SEPA)?
Raleigh, NC 27699 - 1650
1 c.
If you answered "yes" to the above, has the document been finalized by the State
❑ Yes ❑ No
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
Comments:
2.
Violations
2a.
Is thef,site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland
El Yes [I No
Rules' (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian
Buffer Rules (15A NCAC,02B .0200)?
2b.
Is this an after - the -fact permit application?
❑ Yes © No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
Jacqueline F. Gutierrez 8/22/14
Applicant/Agent's Printed Name Applica t/Agent's Signature Date
(Agent's signature s valid only if n authorization letter from the applicant is provided )
Send this completed form and accompanying documents to the following:
For government transportation projects sent
For government transportation projects sent
by First Class Mail via the US Postal Service
by delivery service (UPS, FedEx, etc.):
NC DWR, Transportation Permitting Unit
OR NC DWR, Transportation Permitting Unit
1650 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699 - 1650
Raleigh, NC 27604
For all other projects sent by First Class Mail
For all other projects sent by delivery service
via the US Postal Service
(UPS, FedEx, etc.):
Karen Higgins
OR Karen Higgins
NCDWR — 401 & Buffer Permitting Unit
NCDWR — 401 & Buffer Permitting Unit
1650 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699 - 1650
Raleigh, NC 27604
FORM: BA 10 -2013
Page 4 of 4

REFERENCES: PROPOSED IMPERVIOUS SURFACES
BM 1987 PG. 63 163
DB 4534 PG DRIVEWAY & WALKWAY 447 SF.
HOUSE (ROOF LINE) 2,234 SF,
TOTAL= 2,681 SF./ 22,357. TO CL CREEK
TOTAL AREA OF HOUSE
ENCROACHMENTINTO
RIPARIAN BUFFER ZONE-2=277 S0. FT. t
i LOT AREA TO REF. LINE
10866 SO. FT, t
0.25 ACRES t
LOT AREA TO CL CREEK
Q. . f
0.28 ACRES t
N
CD
rri
0
0
0
t-
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m
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r
10.00
N 45'09'54" E 1 92.73'
�Q 444
ldo ry 30.0ft
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HOUSE 1
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R C-0 _EN R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 23, 2014
Javad Dehghan Mengabadi
214 Collinson Drive
Chapel Hill, NC 27514
John E. Skvarla, III
Secretary
. , a
Subject: AUTHORliATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFE;j
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIO'"
105 Pinecroft Drive
Dear Mr. Mengabadi:
You have our approval for the impacts listed below for the purpose described in your application,
dated May 8, 2014 and received by the Division of Wat6r*Reso'urces (Division) on May 16, 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 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.
FIT-. MIT
(units)
Permanent
M-MMMM."T.
(units)
Temporary
I Buffers —Zone 2 .1513 (square feet) 10 (square feet) I
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone] Customer service
Internet: wvw,ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]

105 Pinecroft Drive
DWR# 14-0502
BUFFER APPROVAL
Page 2 of 3
2. Diffuse Flow
All stormwater 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 the stream.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, o ' r 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
war . ning 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.
5. 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 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
http:/Iwww.ncoah.com/``` or by calling the OAH Clerk's Office at [phone] for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the 0 , AH. 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 [phone], 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.

105 Pine croft Drive
DWR# 14 -0502 :.
' BUFFER APPROVAL
Page 3 of 3
Mailing address for the, OAH:
if sending 6y First Cldi s Mail If •sending, via delivery service ;
via the US,Postal Service: = (e. g. UPS,- FedExo.
Office •ofAdministrative`Hearings - Office of Administrative Hearings
6714 Mail Service, Centet 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:
-Lacy Presnell;•General Counsel
Department of Environi'nent and Natural .Resources
1601 Mail Service Center ;
,Raleigh, NC 27699 -1601•
Please send one r (•1) copy of the petition to DW,Q: ,
If sending,by First Class.Moil if sending via,delivery service
via the US Postaf Service:• (e.g. UPSFedFX):
Karen Higgins ; . Karen Higgins` �
NC DENR - DWR'— Webscape Unit NC�DENR- DWR— Webscape Unit
1650 Mail'Service Centet 512 N: •Salisbury Street
fialeigh, VC'27699- 1650,. 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 Cherri Smith at 919 - 7911-4251 dr
cherrLsmith ,ncd'enr. ov if you have any questions or concerns.
a7#7
,Danny Smith: ;
Supervisor;, Water Quality Regional'Operations Section
cd: DWR RRO 491 files
Henry Walters; 1600 Crag Burn „Lane; Raleigh, NC =27604
I I