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Home My WebLink About2020104 Ver 2_20201046 Ver 1_Buffer Approval Letter_20200917_20230519ROY COOPER 60vernot MIC14AEL, S. REGAN Secr(%'Iry S. DANIEL SMITH Diretne April Humphrey 9713 San Remo Place Wake Forest, NC 27587 John Mascho 9705 San Remo Place Wake Forest, NC 27587 Bobby Hawks 9705 San Remo Place Wake Forest, NC 27587 Sarah and Stacey Clemmons 9701 San Remo Place Wake Forest, NC 27587 NOR H I CAROUNA Environnwntol Quality September 16, 2020 DWR # 20-1046 Wake County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Porto Fino Lots 88-91: Driveway Widening To Whom It May Concern, You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on August 11, 2020. This letter shall act as your Authorization Certificate Approval as described within 15A NCAC 02B .0611(b). 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: Norlh Cardha Departme.11t 0(E11V4'0NW1e11W QLRAtY I I)NISiMl dWlkl kf,�WUI'C", RifleighkeglonalOffice 38001iarrettDdve I 919.791.4200 01, a R01"..',—W N.O lsllo� Porto FinoLots 88-91:Driveway Widening DVVR#2O-1n46 BUFFER AUTHORIZATION APPROVAL Page 3of4 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 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Buffers — Zone 2 131: Driveway Widening 960 (square feet) 0 (square feet) Dispersed Flow All stormwater must be directed and maintained as dispersed flow, as defined in 15A NCAC 02H .0100, at non -erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream. |15ANCACO28 .0714(9)] 3. Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received aStatement ofAvailability letter from EBX-Neusa|,LLCNeuseRiparian Buffer Umbrella Mitigation Bank (E8X-Neuse|),RESNeuseBuffer and Nutrient Offset Umbrella Mitigation Bank (RES), RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank (EBX) to meet this mitigation requirement. The specific bank site tobedebited will beBuffalo Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Polecat, Hannah Bridge, Meadow Spring, Uzz|e,Poplar Creek, Bucher and Stone Creek all located inHUCO3D2D20I. Unti|EBX-Neuae 1, RES or EBX receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to [BX-Neuse |, REG, or E8Xtn meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Bank Sponsor River & Sub -basin Required Number Zone 2 Falls Lake Watershed 4. No Additional Zone 1 Impacts No impacts (except for "Deemed Allowable" uses as identified within 15A NCAC 02B .014 (11) shall occur tnZone 1ofthe protected riparian buffers unless otherwise approved by theDVVR. No impervious surfaces shall be added to Zone 1, unless otherwise approved by Porto FinoLots 88-91:Driveway Widening DVVR#2O-1n46 BUFFER AUTHORIZATION APPROVAL Page 3of4 The permitteeshall report tnthe Raleigh Reginna|OfAceanynVncnnnp|ianmavvhhthio certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer ru|es[15ANCACO2B.U2UO]. Information shall beprovided orally within 24hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. Awritten submission shall also beprovided within 5business days ofthe time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence Vfthe noncompliance. The Division may waive the written submission requirement onooase-by-casebasis. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, orfill Vfany kind shall occur inwetlands, waters, orriparian 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 [15A NCAC 02H .0501 Protective Fencing All wetlands, streams, surface waters, and riparian buffers located within 5Ofeet 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 iscompleted. [1GANCACO2H.OGOG(b)(2}and (d(2) and 1GANCAC This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification and Buffer Authorization can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known osC}AH)within sixty (6U)calendar days. Apetition form may beobtained from the OAHet Vrbvcalling the OAH Clerk's Office at (919) 431-3OOOfor information. 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 Porto FinoLots 88-91:Driveway Widening DVVR#2O-1n46 BUFFER AUTHORIZATION APPROVAL Page 4of4 The petition may befaxed twthe OAHat/919\431-31DU 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: Ifsending bvFirst Class Moil via the USPostal Service: Office VfAdministrative Hearings 6714Mail Service Center Raleigh, NC 27699-6714 Ifsending via delivery service (e.g. UPS,Hedfx): Office ofAdministrative Hearings 1711New Hope Church Road Raleigh, NC276O9-62O5 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department mfEnvironmental Quality 16O1Mail Service Center Raleigh, NC 27699'1601 Please send one /1\ copy ofthe petition to D\NR: /fsending bvFirst Class Mail via the USPostal Service: Pau|VVVjo*ki NCDVVR-4O18'Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27698-1617 if sending via delivery service (�g.UPS, FnfEx): Pau|VVooski NC DVVR-4O18'Buffer Permitting Unit 512N.Salisbury Street Raleigh, N[Z76O4 This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described inlSANCA[O28.07l4. Please contact Stephanie Goss at919'79l-425GVr ifyou have any questions orconcerns. Sincerely, Scott ViSupervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: DVVRRRO4O1/BufferAuthorization file D\NR4O1&Buffer Permitting Unit file