20170445 Ver 2_Approval Letter_20180427

_
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
wafer Resources Interim Director
ENVIRONMENTAL QUALITY '
April 27, 2018
DWR #17-0445 v2
Franklin County
Cedar Creek Franklinton One, LLC .
Attn:.Elton, R. Ange III
113 Edinburgh South Drive, Suite 100. ;
Cary, NC 27511
Subject: AUTHORIZATION CERTIFICATE, PER THE TAR-PAMLICO RIVER BASIN RIPARIAN
BUFFER PROTECTION RULES (15A NCAC 02B .0259) WITH ADDITIONAL
CONDITIONS
Cedar Creek Subdivision. Offsite Utility
Dear Mr. Ange:
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 20, 2018,with additional information received,on April 19, 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 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 .0259,(8)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers.- Zone 1
B2 -Sanitary Sewer (B)
4,154 (square feet)
0.(square feet) .
Buffers — Zone 2
B1=Sanitary Sewer (A)
'35':'
35 (square feet)
O'(square feet)
B2 -Sanitary Sewer (B)
3;851(square feet)
0 (square'feet)
(square feet)
0 (square feet)
I.
B3 -Sanitary Sewer (C) 360
Division of Water, Resources, Raleigh Regional Office, Water Quality Operations Section
1628 Mail Service Center, Raleigh, NC 27699-1628
Location: 3800 Barrett Drive, Raleigh, NC 27609
I I�
http:G'portal.nedeiir. orghveb/wq/aps
Phone: [phone]
Fax: [phone]

Clearwater Creek Subdivision -Offsite Utility
DWR #17-0445 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)]
2. 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 an acceptance letter from NCDEQ Division of Mitigation Services
(DMS) to meet this mitigation requirement. Until DMS receives and clears your payment,
and proof of payment has-been provided to this Office; ho impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to the DMS to meet the following compensatory mitigation
requirement [15A NCAC 02H .0506 (b)(6)]:
3. 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 attivities, 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].
4. 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)]
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. [G.S. 143-215.51
Compensatory
Mitigation Required
Bank Sponsor
River & Sub -basin
Number
Buffer -Zone 1
12,462 (square feet)
NCDEQ DMS
Tar -Pamlico: 03020101
3. 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 attivities, 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].
4. 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)]
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. [G.S. 143-215.51

Clearwater Creek Subdivision -Offsite Utility
DWR #17-0445 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 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 sixty (60) cale'ndar 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:OOpm, 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 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 the 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
via the US Postal Service:
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604

Clearwater Creek Subdivision -Offsite Utility
DWR #17-0445 v2
BUFFER APPROVAL
Page 4 of 4
This letter completes the review of the Division under the Tar -Pamlico Buffer Rules as described
in 15A NCAC 02B .0259. Please contact Stephanie Goss at 919-791-4256 or
[e-mail] if you have �y questions or concerns.
Sincerely
lery
Danny Smith
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit file
Deborah Shirley via e-mail at dshirle�@sandec.coni