20140377 Ver 2_Riparian Buffer Authorization_20160304

WithersRavenel
Our People. Your Success.
1410 Commonwealth Drive, Suite 101
Wilmington, North Carolina 28403
t: 910.256.9277 1 f: 910.256.2584
TO:
NC Division of Water Resources
512 N. Salisbury Street; 91h Floor
Raleigh, NC 27604
WE ARE SENDING YOU
❑ Shop Drawings
❑ Copy of Letter
® Attached
❑ Prints
❑ Change order
Letter of Transmittal
03/03/16 02150429.00
Ms. Karen Higgins
Creative Schools Daycare -Apex, Wake County
Buffer Authorization PCN Submittal
❑ Under separate cover via
❑ Plans ❑ Samples
❑ Diskette ❑
the following
items:
❑ Specifications
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ Approved as submitted
❑ For your use
DESCRIPTION
COPIES•
❑ Returned for corrections
❑ For review and comment
4
1 03/03/16
02150429.00
DWR Buffer Authorization PCN
1
03/03/16
02150429.00
CD of PCN
THESE ARE TRANSMITTED as checked below:
❑ For approval
❑ Approved as submitted
❑ For your use
❑ Approved as noted
❑ As requested
❑ Returned for corrections
❑ For review and comment
❑
❑ Resubmit
❑ Submit
❑ Return
copies for approval
copies for distribution
corrected prints
❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS:
COPY TO: File
SIGNED: T
If enclosures are not as noted, kindly notify us at once.

-4■ WithersRavenel
0 � Our People. Your Success.
March 2, 2016
Karen Higgins
NCDWR - 401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 - 1650
Re: Creative Schools Daycare - Apex, Wake County
Riparian Buffer Authorization Request
DWR Project #14-0377
W&R Project I D 02150429.00
Dear Ms. Higgins,
On behalf of Preschool Enterprises, LLC we are requesting authorization for riparian buffer impacts
totaling 1,404 sq ft of permanent impacts for construction of the vegetated filter strip and high flow
bypass associated with the stormwater BMP. Please note that this project previously received a
Buffer Authorization (#14-0377) for the buffer impacts associated with the previous stormwater
wetland BMP design. However, due to changes in the Town of Apex's stormwater requirements,
the BMP has been redesigned as a wet detention BMP.
The project is located at 1201 Old Raleigh Road, in Apex, Wake County, NC (35.7347°N; -
78.8393°W). The nearest water body is an intermittent Unnamed Tributary to Williams Creek,
located in the Neuse River basin. The Water Quality Classification for Williams Creek is WS -III;
NSW and the Stream Index Number is 27-43-2. The hydrologic cataloging unit for the site is
03020201.
ProDosed Proiect
The proposed project consists of the construction of a daycare facility and associated
infrastructure, utilities and stormwater management. The proposed 1,404 sq ft of riparian buffer
impacts are necessaryfor construction of the vegetated filter strip below the level spreader, as well
as the high flow bypass.
Project History
A stream buffer determination and Intermittent/Perennial determination was conducted by Lauren
Witherspoon of NC DWR in July 2010. A copy of the determination letter dated August 19, 2010,
which has been provided as an Appendix.
A previous DWR Buffer Authorization (#14-0377) was issued for this project in April 2014, which
authorized buffer impacts for the outlet of the stormwater wetland BM P. However, changes to the
Town of Apex's stormwater regulations resulted in the need to treat more volume than was
previously required. As a result of the additional volume treatment requirements, a stormwater
wetland is no longer suitable for this project. The BMP has been redesigned as a wet detention
BMP. As a result of the redesign of the BMP, buffer impacts are required for the construction of a
vegetated filter strip and high flow bypass outlet.
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 www.withersravenel.com I License No. C-0832
Cary I Greensboro Pittsboro I Raleigh I Wilmington

:r WithersRavenel
Our People. Your Success.
Proposed Impacts
The proposed impacts consist of 1,404 sq ft of permanent impacts to riparian buffers (Zone 1: 592
sq ft; Zone 2: 812 sq ft) for the construction of the vegetated filter strip and high flow bypass.
In order to meet the diffuse flow/nitrogen removal requirements, the BMP has been designed to
discharge into a level spreader, which will be constructed outside of the buffers. Due to the steep
slopes (>2%), a vegetated filter strip will be constructed below the level spreader. Minor grading
within the footprint of the vegetated filter strip will be required to reduce the slope and maintain
sheet flow, and turf sod will be installed.
There are no proposed stream or wetland impacts associated with the project.
Avoidance and Minimization
The overall project was designed to avoid stream and buffer impacts to the maximum practical
extent. Due to location of the onsite stream and property lines, non -impact areas are not available.
The proposed BMP was designed to meet Town of Apex stormwater regulations, as well as criteria
specified in the Stormwater BMP manual. The permanent impact is limited to necessary footprint
for function and maintenance of the vegetated filter strip and high flow bypass.
Mitigation
Because the new stormwater outfall is associated with a BMP designed to control nitrogen and
attenuate flow before discharging into the buffer, this usage is categorized as "Allowable" and does
not require mitigation.
Summary
This request is for authorization of 1,404 sq ft of permanent impacts to riparian buffers (see the
attached maps and Riparian Buffer Authorization Form for details).
Please feel free to contact me if you have questions or require additional information to complete
your review.
Sincerely,
WithersRavenel
Troy Beasley
Senior Environmental Scientist
Page 2 of 3

:r WithersRavenel
Our People. Your Success.
Attachments:
• Riparian Buffer Authorization Form
• Agent Authorization
• USGS Quad Maps
• Wake County Soil Survey
• DWQ Buffer Determination Letter - August 19, 2010
• Previous Buffer Authorization Certificate (DWR# 14-0377)
• Buffer Impact Maps
Page 3 of 3

DWR
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources Division of Water Resources
15A NCAC 02B.0233 (8)(b),.0243 (8)(b),.0250 (11)(b),.0259 (8)(b),.0267 (11)(c),.0607 (e)(2) - Buffer Authorization
FORM: BA 10-2013
Riparian Buffer Authorization Form
A.
Applicant Information
1.
Project Information
1 a.
Name of project:
Creative Schools Daycare
1 b.
County:
Wake
1 c.
Nearest municipality:
Apex, NC
1d.
Subdivision name:
N/A
1 e.
Is the project located in any of North Carolina's
twenty coastal counties. If yes, answer if below.
❑ Yes ® No
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:
Preschool Enterprises, LLC
2b.
Deed Book and Page No.
Book 014104 Page 00571
2c. Map Book and Page No.
(include a copy of the recorded
map that indicates when the lot
was created):
2d.
Responsible Party
(for Corporations):
Brad Hester, Vice President
2e.
Street address:
2139 Valleygate Rd.
2f.
City, state, zip:
Fayetteville, NC 28304
2g.
Telephone no.:
919.864.1213
2h.
Fax no.:
2i.
Email address:
brad. hesterCcDcreativeschools.com
3.
Applicant Information (if different from owner)
3a.
Applicant is:
❑ Agent ❑ Other, specify:
3b.
Name:
3c.
Business name
(if applicable):
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
4.
Agent/Consultant Information (if applicable)
4a.
Name:
Troy Beasley
4b.
Business name
(if applicable):
WithersRavenel
4c.
Street address:
1410 Commonwealth Drive; Suite 101
4d.
City, state, zip:
Wilmington, NC 28403
4e.
Telephone no.:
910-509-6512
4f.
Fax no.:
4g.
Email address:
tbeasley(a)withersravenel.com
FORM: BA 10-2013 Page 1 of 5

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
0742727307 000
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.7347°N
Longitude: -78.8393°W
1 c.
Property size:
±3.52 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
UT to Williams Creek; Stream Index 27-43-2
2b.
Water Quality Classification of nearest receiving water:
WS -111; NSW
2c.
River basin:
Neuse River (HUC: 03020201)
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:
Subject parcel is currently undeveloped forested woodland. Surrounding adjacent parcels consist primarily of
single-family residential to the north, east, and south. Large-scale commercial use (Vineyard Station Shopping
Center) to the west.
3b.
Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of
the site
3c.
Attach an 8'/2 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:
Approximately 170 linear feet intermittent stream.
3e.
Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a daycare facility and associated infrastructure, including
parking, utilities and stormwater management.
3f.
Describe the overall project in detail, including the type of equipment to be used:
The proposed impacts will occur from construction of a vegetated filter strip below the level spreader and the high
flow bypass outlet for the stormwater BMP.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
® Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property/
Comments:
project (including all prior phases) in the past?
4b.
If yes, who delineated the jurisdictional areas?
Agency/ Consultant Company: NC DWR
Name (if known): Lauren Witherspoon
Other:
4c.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Stream Buffer Determination letter issued August 19, 2010 (NBRRO# 10- 120)
5.
Project History
5a.
Have permits or certifications been requested or obtained for this
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
5b.
If yes, explain and detail according to "help file" instructions.
NCDWR issued a previous buffer authorization for impacts associated with the outfall of the previous stormwater
wetland BMP design (NCDWR# 14-0377) in April 2014. However, changes to the Town of Apex's stormwater
requirements, additional volume must be captured by the BMP, which resulted in a change to a wet pond BMP
and new buffer impact locations and quantities, resulting in the need for a new buffer authorization for the revise.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ® No
6b.
If yes, explain.
FORM: BA 10-2013 Page 2 of 5

C. Impact Justification and Mitigation, continued
C. Proposed Impacts Inventory
1. Buffer Impacts
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
Reason for
Type of impact
Stream name
Buffer
Zone 1
Zone 2
number—
impact
(exempt, allowable,
mitigation
impact
impact
Permanent (P)
allowable w/ mitigation)
required?
(sq ft)
(sq ft)
or Temporary T
Construction of
Impact #1
Vegetated Filter
Allowable
UT to Williams
❑ Yes ® No
0
412
® P ❑ T
Strip below Level
Creek
Spreader
Impact #2
Construction of
High Flow
Allowable
UT to Williams
El Yes ® No
592
402
®P ❑ T
Bypass Outlet
Creek
Total buffer impacts
592
812
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.
Due to location of stream and property lines, non -impact areas are not available. Project was designed to meet
Town of Apex stormwater requirements, as well as criteria specified in Stormwater BMP manual. As a result of
the steep slopes (>2%) below the level spreader, the area associated with the vegetated filter strip will be graded
to reduce the slopes to prevent erosion and maintain sheetflow below the level spreader. Permanent impacts are
limited to necessary footprint for function and maintenance of outfalls.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Work area will be accessed from high ground. Construction impacts will be constrained to area of permanent
impact. Work area will be included in required erosion and sedimentation control plan area of disturbance. Initial
clearing will be with minimum impact equipment (hand tools where applicable). Stabilization will occur within 14
days (per Stormwater BMP Manual).
FORM: SSGP3080 8-13 Page 3 of 5

C. Impact Justification and Mitigation, continued
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 Multiplier Required mitigation
(square feet (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: SSGP3080 8-13 Page 4 of 5

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
❑ Other BMP
maintained. If a Level Spreader is proposed, attach a 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.
The proposed wet detention BMP has been design to achieve diffuse flow through a level
❑ Yes ❑ No
spreader constructed outside of the buffers. As a result of the steep slopes (>2%) below
environmental document pursuant to the requirements of the National or State (North
the level spreader, the area associated with the vegetated filter strip will be graded to
reduce the slopes to prevent erosion and maintain sheetflow below the level spreader.
F.
Supplementary Information
1.
Environmental Documentation
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the use of
❑ Yes ® No
public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
❑ Yes ❑ No
environmental document pursuant to the requirements of the National or State (North
Carolina) Environmental Policy Act (NEPA/SEPA)?
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 the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland
❑ Yes ® 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):
Troy Beasley - WithersRavenel / ) 03/03/16
Authorized Agent /
Date
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant isprovided.)
Send 3 complete sets of this form and accompanying documents to the following:
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
tc.):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 5 of 5

AGENT AUTHORIZATION FORM

WITHERS � RAVEN EL
F K G ' N F F R5 !'t A'INt RS SI1 RVrYC. P.<,
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner Preschool Enterprises, LLC (Client) does hereby appoint Withers &
Ravenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state
and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of
Water Quality, NC Division of Coastal Management, local municipalities, etc-) for: a) review and
approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters,
riparian buffers, etc.) and/or, b) preparation and submittal of appropriate environmental permit
applications/requests for the Creative Schools Daycare.
The Client does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner
(1) To submit appropriate requests/applications and the required supplemental
materials;
(2) To attend meetings to give representation on behalf of the Client
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or termination by
the Client. C/
Date:
Agent's Name, Address & Telephone: Signature
(�off Client:
,, �
Troy Beasley / Withers & Ravenel. Inc. 56a.t� � I el"i -y-.
(N - Print) (Title)
1410 Commonwealth Drive, Suite 101
Wilmington, NC 28403 v ign ure
Tel. (910)256_-9277 �j 3 9 fg-'e_ Dl _
Mailing Address -v
City StateZip
Phone, If dGG G �,-1213
Email: 19rad. esf G��r� SC�tdO�S, CCw
115 MacKenan Drive , Cary, NC 27511 tel-: 919.469.3340 fax: [phone] www.withersravenel.com License No. C-0832
1410 Commonwealth Drive Suite 101 Wilmington, NC 28403 tel: [phone] fax: [phone]
7011 Albert Pick Road Suite G Greensboro, NC 27409 tel: [phone] fax: [phone]

USGS QUAD MAPS

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DWQ BUFFER DETERMINATION LETTER

.��
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081M
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
August 19,2010
Troy Beasley
1410 Commonwealth Drive, Suite 101
Wilmington, NC 28403
NBRRO#10-120
Wake County
BASIN:
N Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B.0259)
N Ephemeral/Intermittent/Perennial Determination ❑ Isolated Wetland Determination
Project Name:
Location/Directions: Northeast quadrant of Apex Peakway and Old Raleigh Road
Subject Stream: UT to Swift Creek
Date of Determination: 7/12/2010
Feature
E/f/P*I
Not Subject
Sub'ect
Start*
stop a@
Soil
s:11
USGS
To
A
I
I X
I Flag #1
1
1 X
'F✓!/P = Ephemera117nvermtnenUPerennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recant copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject"has been determined not to be a stream or is not present on the property. Features that are checked
`Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
consideredjurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
As a result of the site inspection and conversations with you, it is my understanding that you want to put an
addition on the house which would fall within the 50 foot Neuse River Riparian Buffer. You may apply for a
variance in order to construct the house within the buffer and must meet the hardships listed in Section (9) of
this Rule (see attached sheet) in order to qualify for a variance.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Ian McMillan, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-2260.
varolina
Adnally
North Carolina Division of Water Quality Raleigh Regional Mcc Surface Water ProkRion Ph= [phone] Cususner Service
Intemety revaarqualityar8 1628 Mail Servim Center Raleigh. NC 27699-1628 FAX [phone]
An Equal OppoMnitylARrmalve Action Empbyer-5D%Recyde&nD%Post Oansumar Paper

Creative Schools
Wake County
Page 2 of 2
if you dispute the Director's determination you may file a petition for an administrative hearing. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. A
petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00
pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. The petition may also be
faxed to the attention of the Office of Administrative Hearings at [phone], provided the original and one (1)
copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of
the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary
Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner/future owners should notify the Division of Water Quality (including any other Local, State, and Federal
Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This
project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the
Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers (Raleigh
Regulatory Field Office) at (919)-876-8441.
Respectfully,
w
Lauren Witherspoon
Environmental Senior Specialist
cc: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy

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PREVIOUS BUFFER AUTHORIZATION
CERTIFICATE (DWR# 14-0377)

r1 EM&
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 25, 2014
Preschool Enterprises, LLC
Attn: Brad Hester
2139 Valleygate Rd.
Fayetteville, NC 28304
John E. Skvarla, III
Secretary
DWR # 14-0377
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 028.0233) WITH ADDITIONAL CONDITIONS
Creative Schools Daycare
Dear Mr. Hester:
You have our approval for the impacts listed below for the purpose described in your application
dated April 9, 2014 and received by the Division of Water Resources (Division) on April 10, 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
393 (square feet)
0 (square feet)
Buffers —Zone 2
405 (square feet)
0 (square feet)
N""t)a��h,CarO
dvatwra,
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone [phone] Customer Service
Internet: www.ncwatcrquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Creative Schools Daycare
DWR# 14-0377
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.
S. 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 [phone] 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 [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.
Mailing address for the OAH:
If sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Creative Schools Daycare
DWR# 14-0377
BUFFER APPROVAL
Page 3 of 3
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
via the US Postal Service:
Karen Higgins
INC DENR-DWR— Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
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 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
[e-mail] if you have any questions or concerns.
Sin a ly,
Danny Sitn� h
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401 files
Martin Richmond; Withers & Ravenel; 115 MacKenan Drive; Cary, NC 27511

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APEX PEOAKWA ROAD
MAP A �T
I PACT #2
PROPERTY LIN
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MAPA
l /
' e� •
PROPOSED
±9,266 SF
II
GRAPHIC SCALE \ —
50 0 25 50 100
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1 inch = 50 ft.
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1
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BUFFER IMPACT SUMMARY
MAP
PERMANENT
IMPACT# ZONE 1IMPACT
(SF)
PERMANENT
ZONE 2IMPACT
(SF)
A
1 0
412
A
2 592
402
TOTAL
592
814
MAP A �T
I PACT #2
PROPERTY LIN
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MAPA
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PROPOSED
±9,266 SF
II
GRAPHIC SCALE \ —
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1 inch = 50 ft.
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1
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