20160564 Ver 2_Approval Letter_20180503

May 3, 2018
Lambert Development South Street, LLC
Attn: Kerry Berman
5 Hanover Square714th Floor
New York, NY.10004
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA_ CULPEPPER
Interim Director
DWR #16-0564 v2
Wake County
Subject: AUTHORIZATION CERTIFICATE PER.'THE NEUSE RIVER BASIN RIPARIAN _BUFFER .
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
611 West, South Street
To Whom It May Concern:
You have our approval for the impacts listed below for the purpose described in your
application dated March 19, 2018 and received by the Division of Water Resources (Division) on
March 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,.Non7Discharge, and Water Supply Watershed regulations. This
Authorization Certificate shall:expire five {5) years fro mi, the elate 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 Apprdved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers - Zone 1
B1 -Road Crossing
1,304 (square feet)
0 (square feet)
Buffers, — Zone 2'.
Bi lload Crossing
2,754 (square feet)_
0 (square feet)
Division of Wat& Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.nedetir.org/web/wq/aps
1628 Mail Set -vice Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: - 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

611 West South Street
DWR #16-0564 v2
BUFFER APPROVAL
Page,2 of 3
2.. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management. plan (SMP) must be approved by the City. of Raleigh and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the City of Raleigh. [15A NCAC 02H ".0506(b)(3)]
3. No' Waste, Spoil, Solids, or Fill of Any Kind
No;wa'ste; spoil, solids, or fill of any kind sfi;all occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the designs; installation; operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standardsistatutes, or rules occur [15A NCAC 02H .0501
and :0502].
4. Protective Fencing. .
All wetlands, streams, surface waters, an d,,r Iparian 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 sand must•be maintained on the property, until
th"e 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 desi g' n� descrbed in your application. The plans and
specifications for this project are incorpo'''rated; by reference as part of the Buffer
Authorization. If you than e' our 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,', fAhis approval letter and is'responsib.le for
complying with all conditions. Ii'
6. This approval and its conditions are final and. binding unless contested. [G.S. 143-215.5]
This Buffer Authorization can be contested as pr'o'vided 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 fo'r'm' maybe obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of t1iis 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 (91%43'1-3100, 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.. i

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
611 West South Street
DWR #16-0564 v2
BUFFER APPROVAL
Page 3 of 3
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 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
NC DWR — 401 & Buffer Permitting
Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Karen Higgins
NC 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 Stephanie Goss at 919-791-4256 or
[e-mail] if you have any questions or concerns.
Sincerely,
Danny Smith
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit file
Lyle Phillips via e-mail at I hilii s withersravenel.corn