20040746 Ver 2_Approval Letter_20180417

April 17, 2018
Trevi Fountain Associates; LLC
Attn: Ekaterina Cady
847 Wake Forest Business Park, Suite 101
Wake Forest, NC 27587
ROY COOPER
Governor
MICHAEL REGAN
Secretory
LINDA CULPEPPER
Interim
Director
DWR #04-0746 v2
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE'RIVER-BASIN RIPARIAN BUFFER
PROTECTION RULES (15'A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Porto Fino Subdivision -Shared Lots
Dear Ms. Cady:
You have our approval for the impacts listed below for the purpose described in your
application dated March 7, 2018 and 'received by the Division of Water Resources (Division) on
March -8, 2018 with additional information received on April '16,.2018. 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
Amount Approved
(units)
(units) ;
J
Permanent
Temporary
Buffers —Zone 2
131 -Driveway,
949 (square feet)
0 (square feet)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section- http://poital.nedenr.org/ixeh`wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone] .
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Porto Fino Subdivision -Shared Lots
DWR #17-0746 v2
BUFFER APPROVAL,
Page 2 of 4
2. Diffuse Flow
All stormwater must 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 a stream. [15A NCAC 02H .0506(b)(5)],
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'receive,d an acceptance letter from .Restoration Systems, LLC to meet this
mitigation. requirement. Until Restorations Systems, LLC 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.; Restoration Systems, LLC to meet the following compensatory
mitigation requirement [1'5A NCAC 02H .0506 (b)(6)]:
4. 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 dep,icted 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 .05021.
5. 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)]
6. 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.
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
Compensatory
Mitigation Required
Bank Sponsor
River & Sub -basin Number
Buffer -Zone 2
1,423.5 (square feet)
'Weaver Farm
'03020201 (Not in Falls Lake)
4. 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 dep,icted 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 .05021.
5. 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)]
6. 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.
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51

Porto Fino Subdivision -Shared Lots
DWR #17-0746 v2
BUFFER_ APPROVAL
Page 3 of 4
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 petitionform may be obtained from the OAH at
http://www.ncoah.com/ or'by calling the OAH Clerk's Office at (919) 43173000 -for information.
Withi.n'thirty (60,) 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),,'co0y along with any
applicable OAH filing fee is received in the OAH 'during normal office hours (M'onday through
Friday between, 8:O am 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
via the US Postal Service:
Office of Administrative -Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via deliver_ y 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 Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
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 DWR-401 & Buffer Permitting NC DWR-401 & Buffer Permitting Unit
Unit 512 N., Salisbury Street
1617 Mail Service Center Raleigh, NC 27604
Raleigh, NC 27699-1617

Porto Fino Subdivision -Shared Lots
DWR #17-0746 v2
BUFFER APPROVAL
Page 4 of 4
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B .0233. Please contact Stephanie Goss at 919-791-4256 or
stephanie.goss ncdenr.Eov if you have any questions or concerns.
Sirere ,
Danny Smith
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit file