HomeMy WebLinkAbout20201267 Ver 1_Buffer Approval Letters_20210119DocuSign Envelope ID: 68BC081A-A828-4D76-B4BC-38A5476C979F
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Kane Realty Corporation
Attn: Allen West
NORTH CAROLINA
Environmental Quality
January 15, 2021
DWR # 20201267
Wake County
4321 Lassiter at North Hills Avenue, Suite 250
Raleigh, NC 27609
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
West Cabarrus Street Mixed Use
Dear Mr. West:
You have our approval for the impacts listed below for the purpose described in your application dated
November 16, received by the Division of Water Resources (Division) November 16, 2020 and payment
received November 18, 2020 with additional information received on January 14, 2021. These impacts
are covered by the Neuse River Buffer Rules and the conditions listed below. 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.
The following impacts are hereby approved, provided that all of the Conditions listed below and all of
the conditions of the Neuse River Buffer Rules are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B Neuse .0611(b)(2)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers — Zone 2
B1: Headwall
2,828 (square feet)
0 (square feet)
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 this Authorization Certificate. If you change
your project, you must notify the Division and you may be required to submit a new application
package. If the property is sold, the new owner must be given a copy of this Authorization Certificate
and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)]
D E QNorth Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NoHrN r..x;:o�.iwn
o•o• ° •"i o E".w""�•"W Qa A` /� 919.791.4200
DocuSign Envelope ID: 68BC081A-A828-4D76-B4BC-38A5476C979F
West Cabarrus Street Mixed Use
DWR# 20201267
Buffer Authorization Certificate
Page 2 of 2
If you are unable to comply with any of the conditions below, you must notify the Raleigh Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with the conditions of this
Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .0714]. 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.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described
in 15A NCAC 02B .0714. Please contact Stephanie Goss at 919-791-4256 or Stephanie.Goss@ncdenr.eov
if you have any questions or concerns.
Sincerely,
DocuSigned by:
8CDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Jennifer Burdette, McAdams Co. (via email)
DWR 401 & Buffer Permitting Branch electronic file