20140721 Ver 1_Approval Letter_20140929

NeDENit
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
September 29, 2014
Davis Development
Attn: William Hamrick
403 Corporate Center Drive, Ste. 201
Stockbridge, GA 30281
DWR # 14 -0721
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
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Dear Mr. Hamrick:
You have our approval for the impacts listed below for the purpose described in your application
dated July 8, 2014 and received by the Division of Water Resources (Division) on July 11, 2014,
with additional information received on September 4, 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.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers —Zone 1
528 (square feet)
310 (square feet)
Buffers — Zone 2
585 (square feet)
0 (square feet)
NorthCarol
Natural
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone] Customer Service
Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity /Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

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DWR# 14 -0721
BUFFER APPROVAL
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2. Diffuse Flow
The Division approves the diffuse flow plan consisting of a level spreader and vegetated filter
strip (LS -VFS) with high flow bypass and riprap plunge pool and all associated stormwater
conveyances, inlet and outlet structures, and the grading and drainage patterns'depicted on
plan sheets dated June 12, 2014, which are incorporated by reference and are enforceable by
the Division. The following conditions also apply:
a) The maximum allowable drainage area for the approved LS -VFS shall be 419,918 square
feet and the maximum allowable built -upon area within that drainage area shall be
334,541 square feet. Any changes to these maximum areas shall require the applicant to
submit and receive approval for a revised stormwater management plan by the Division.
b) The footprint of all diffuse flow devices as well as an additional 10 -foot wide area on all
sides of the devices shall be located in either public rights -of -way, dedicated common areas
or recorded easement areas. The final plats for the project showing all such rights -of -way,
common areas and easement areas shall be in accordance with the approved plans.
c) The approved diffuse flow plan shall be constructed and operational before any permanent
building or other structure is occupied at the site.
d) The diffuse flow plan may not be modified without prior written authorization from the
Division. A copy of the approval letter and the modified SMP shall be submitted to the
DWR Webscape Unit prior to the commencement of the modifications.
e) Maintenance activities for the LS -VFS and plunge pool shall be performed in accordance
with the notarized O &M agreements signed by Fred S. Hazel, (VP of Morrow Investors, Inc.,
Manager of DD Mellowfield II, LLC) on July, 9, 2014. The O &M agreement shall transfer
with the sale of the land or transfer of ownership /responsibility for the BMP facility. The
Division shall be notified promptly of every transfer.
f) The applicant and /or authorized agent shall provide a completed. Certificate of Completion
form to the Division within thirty (30) days of project completion (available at
http: / /portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms).
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.
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
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500.

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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 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 thirty (30) 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 Presnell, 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 DWQ:
If sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Karen Higgins Karen Higgins

NC DENR -DWR — 401& Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
NC DEN R-DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
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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 - 791 -4251 or
cherri.smith @ncdenr.gov if you have any questions or concerns.
ince ely,
Danny Smith
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401 file
Kevin Yates; McAdams Company; 2905 Meridian Parkway; Durham, NC 27713