HomeMy WebLinkAbout20160410 Ver 1_Approval Letter_20160509F
Water Resources
ENVIRONMENTAL QUALITY
May 9, 2016
Tryon Investment Partners, LLC
C/o Pinellas Corporation
Attn: Joseph Lassiter
8310 Bandford Way
Raleigh, NC27615
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR #16-0410
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Tryon Subdivision Phases 1, 2, & 3
Dear Mr. Lassiter:
You have our approval for the impacts listed below for the purpose described in your
application dated April 25, 2016 and received by the Division of Water Resources (Division) on
April 25, 2016. 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
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers —Zone 1
504 (square feet)
0 (square feet)
Impact #1
Buffers — Zone 2
433 (square feet)
0 (square feet)
Impact #1
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
Tryon Phases 1, 2, & 3
DWR #16-0410
BUFFER APPROVAL
Page 2 of 4
Buffers —Zone 1
674 (square feet)
0 (square feet)
Impact #2
Buffers — Zone 2
429 (square feet)
0 (square feet)
Impact #2
Buffers — Zone 1
615 (square feet)
0 (square feet)
Impact #4
Buffers — Zone 2
427 (square feet)
0 (square feet)
Impact #4
2. Diffuse Flow Plan: Submittal of a Local Government Approval Required
Because the stormwater management plan (SMP) approved by the Town of Wake Forest is
being used to meet diffuse flow requirements on this project, you are required to submit
one copy of the approved SMP, including plan details on full-sized plan sheets, with proof of
the Town of Wake Forest's approval. The approved SMP shall be submitted to the DWR 401
& Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any
impacts authorized in this certification occur., The SMP may not be modified without prior
written authorization from the Town of Wake Forest. If the SMP is modified in the future,
then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer
Permitting Unit prior to the commencement of the modifications. [15A NCAC 02B .0233 (5)]
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 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].
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.
Tryon Phases 1, 2, & 3
DWR #16-0410
BUFFER APPROVAL
Page 3 of 4
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
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 (919) 431-3000 for information.
Within thirty (30) 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) 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 (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 DENR:
Sam Hayes, General Counsel
Department of Environment and Natural, Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWQ:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR-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 DENR-DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
Tryon Phases 1, 2, & 3
DWR #16-0410
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 Cherri Smith at 919-791-4251 or
Cherri.Smith@ncdenr.gov if you have any questions or concerns.
S ncerel
1
Danny Smith
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer file
DWR 401 & Buffer Permitting Unit file
Kevin Martin; Soil & Environmental Consultants; 8412 Falls of Neuse Rd., Ste. 104;
Raleigh, NC 27615
Mike Jordan; Tryon WF, LLC; 933 Old Knight Rd.; Knightdale, NC 27545