20190774 Ver 1_Buffer Approval Letter_20190709

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
July 09, 2019
DWR #19-0774
Johnston County
Harry and Carla Silver
305 Hein Drive
Clayton, NC 27527
Subject: AFTER-THE-FACT'AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN
RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH
ADDITIONAL CONDITIONS
305 Hein Drive, Clayton
Dear Mr. and Mrs. Silver:
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on June 11, 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 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'0213 ,0233(8)].
Type of Impact
Amount Approved
Amount Approved
(units).
(units)
Permanent
Temporary
Buffers — Zone 2
131- Retaining wall
956 (square feet)-,
0 (square feet)
N<�rtFt (areliiia L)r t�aritnent; uf,i.r�vir'es ,mce?talualiiy ! t)ivisiun'oi' L"aster Resource
Raleigh Regional O`f!ce 1 3800 Barrrat drive Raleigh, North Caroiina 27609
Ocpaz°.tt3unt v4 fir+irmnnuitW Undf{y ® 9(9.791 4200 -

305 Hein Drive
DWR #19-0774
BUFFER APPROVAL
Page 2 of 4
2. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to
Zone 1 of the protected riparian buffers unless otherwise approved by the.Divisidn. No
.impervious surfaces shall be added to Zone 1, unless otherwise,approved by the Division.
.3. 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)]
4. The permittee shall report to the Raleigh Regional Office any. noncompliance with this
certification, any violation of stream orwetland standards [15A NCAC 0213 .0200] including
but not limited to sediment impacts,,and'any violation of state regulated riparian buffer
rule's [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 beiprovided 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 no'ncomplia'nce has not been corrected, the
anticipated time compliance is expected to co'ntinu;e; and steps taken or planned to reduce;
eliminate, and prevent reoccurrence of th'e,n'on`compliance. The Division may waive the
written submission requirement -on a case, -by -case' basis.
5. No'Waste, ,SPoil; Solids, or Fill of Any Kind
Nowaste, spoil, solids; or fill of anykindshall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depictediin'!�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].
6. 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)]-.
7. 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

305 Hein Drive
DWR #19-0774
BUFFER APPROVAL
Page 3 of 4
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 a.nd is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
r
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
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 (60) calendar days.
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. 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 n'orm'al '
office hours (Monday through Friday between 8:00am and 5:00pm,; excluding officiall 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 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
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins

NC DWR — 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
305 Hein Drive
DWR #19-0774
BUFFER APPROVAL
Page 4 of 4
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,
Karen Higgins
Supervisor, 4018& Buffe Permitting Branch
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit file