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Home My WebLink About20071815 Ver 2_Approval Letter_20161222WaterResources ENVIRONMENTAL QUALITY December 12, 2016 KB Home Attn: Jason Vickers 4506 South Miami Blvd. Durham, NC 27703 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWR #07-1815 v2 Wake County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS The Meadows Dear Mr. Vickers: You have our approval for the impacts listed below for the purpose described in your application dated November 28, 2016 and received by the Division of Water Resources (Division) on November 28, 2016. 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 [15A NCAC 02B. 0233(8)]. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers —Zone 1 1,033 (square feet) 0 (square feet) BMP #1 Buffers — Zone 2 2,650 (square feet) 0 (square feet) BMP #1 Buffers —Zone 1 2,925 (square feet) 1 0 (square feet) Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 The Meadows DWR #07-1815 v2 BUFFER APPROVAL Page 2 of 4 BMP #2 Buffers — Zone 2 1,832 (square feet) 0 (square feet) BMP #2 Buffers — Zone 1 929 (square feet) 0 (square feet) BMP #3 Buffers — Zone 2 665 (square feet) 0 (square feet) BMP #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 [15A NCAC 02H .0501 and .0502]. 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. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 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. 5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] 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 Meadows DWR #07-1815 v2 BUFFER APPROVAL Page 3 of 4 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: Sam Hayes, 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 NC DENR-DWR-401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery. service (e.g. UPS, FedEx): Karen Higgins NC DENR-DWR — 401 & Buffer Permitting 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 Cherri.Smith@ncdenr.gov if you tSincer ly,Sincer ly, 4'12 Danny Smi any questions or concerns. Supervisor, Water Quality Regional Operations Section The Meadows DWR #07-1815 v2 BUFFER APPROVAL Page 4 of 4 cc: DWR RRO 401/Buffer file DWR 401 & Buffer Permitting Unit file Sean Clark; Sage Ecological Services, Inc.; 3707 Swift Dr.; Raleigh, NC 27606