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Home My WebLink About20190121 Ver 1_Approval Letter_20190318ROY COOPER Governor MICHAEL -S. REGAN Secretary LINDA CULPEPPER Director March 18, 2019 NORTH CAROLINA ,Ei vrronmentai Quality DWR #19-0121 Wake County NAHALA, Inca Attn: Khaled.A. AI-Zoubi 5121 Kaplap'Drive Raleigh, IVC 27606 Subject: AUTHORIZATION'CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02'B .0233) WITH ADDITIONAL CONDITIONS Layhill Estates Dear Me. AI-Zoubi: You have our approval for the impacts listed below for the purpose described in your application received by the Division of-Watee Resources (Division) on January 24, 2019 with additional information -received on'iMaech 13, 2019. 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 E'ro'sion Control, Non-D.ischargp,'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 fol lowing.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 0213: 0233(8)]. Type of1mpact Amount Approved (units) Permanent Amount Approved (units) . Temporary Buffers — Zone 1 B170utfall from SCM 491 (square feet) 0 (square `feet) Buffers — Zone 2 B1 -Outfall from SCM I 230 (square feet) 0 (square feet) ' N )ri}7 {.i.3rCiJll'liJ iii'iJi:t!'ttT`:f'r1t O %IlV(r'S>S iii":(:`: `tal QU Oty fAV7:5iOr1 OfWiltey Re k, Dznl_ , ita!< iciti.itc yicn ieal {7 f'ic+. 3800 Barrett Drive ( Rt ik•i�_ North orth Carob a 27609 uaazE>s;ienz'sr&riircinno++ta?c:uzr y39,791,4200 - I Layhill Estates DWR #19-0121 BUFFER APPROVAL Page 2 of 4 2. Stormwater Management Plan (SMP) Approval from Local Community Required The stormwater management plan (SMP) must be approved by the Wake County and meet the requirements of this Certification. The SMP may not be modified without prior written authorization from the Wake County. [15A NCAC 02H .0506(b)(3)] 3. The permittee shall report to the Raleigh Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case-by-case basis. 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 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]. 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. [15A NCAC 02B .0507(d)(2)] Layhill Estates DWR#19-0121 BUFFER APPROVAL Page 3 of 4 7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification and Buffer Authorization can be contested as provided in General Statute 150B by. filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (6Q) calendar days. A petition form may be obtained from the OAH at http://wwW.ncoa'h.com/ or by calling the OAH Clerk's Office at ,(919).431-3000 for information. A petition is considered filed when the original. and one (1) copy alonIg'with any applicable OAH filing fee is received in the OAH ;ducting normal office hours (Monday ,through Friday between 8:00am and; 5:00pm, 'excluding, official state. holidays). The petition may be faxed to the 0 A 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 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 Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DWR - 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 Layhill Estates DWR #19-0121 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.gossPncdenr.gov if you have any questions or concerns. Sincerely, Rick Bolich, LG Assistant Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401/Buffer Authorization file DWR 401 & Buffer Permitting Unit file Khaled A. Al-Zoubi via e-mail at k.alzoubi(@iceengineeringinc.com