HomeMy WebLinkAbout20030570 Ver 5_Approval Letter_20130715NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A Reeder John E Skvarla, III
Governor Acting Director Secretary
July 15, 2013
Weingarten Investments, Inc
Attn Brian Mountcastle
2600 Citadel Plaza Drive
Houston, Texas 77008
DWQ # 03- 0570v5
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B 0233) WITH ADDITIONAL CONDITIONS
Ligon Mill Extension
Dear Mr Mountcastle
You have our approval for the impacts listed below for the purpose described in your
application dated April 18, 2013, received by the Division of Water Quality (Division) on April
18, 2013 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 follow these 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
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers —Zone 1
453 (square feet)
0 (square feet)
Site 1
Buffers — Zone 2
264 (square feet)
0 (square feet)
Site 1
Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe)
1650 Mad Service Center Raleigh North Carolina 27699 -1650
Phone 919 -807 6301 1 FAX 919 -807 -6494
Internet http //portal ncdenr org /web /wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Ligon Mill Extension
DWQ# 03- 0570v5
BUFFER APPROVAL
Page 2 of 4
Buffers — Zone 1
446 (square feet)
0 (square feet)
Site 2
Buffers — Zone 2
274 (square feet)
0 (square feet)
Site 2
1 Diffuse Flow Plan Approval by the Division
The Division approves the diffuse flow plan consisting of two level spreaders and all
associated stormwater conveyances, inlet and outlet structures, and the grading and
drainage patterns depicted on plan sheets dated July 16, 2008, which are incorporated by
reference and are enforceable by the Division The following conditions also apply
a) The maximum allowable drainage area for Level Spreader 2 shall be 88,862 square feet
and the maximum allowable built -upon area within that drainage area shall be 35,284
square feet The maximum allowable drainage area for Level Spreader 3 shall be
108,900 square feet and the maximum allowable built -upon area within that drainage
area shall be 37,026 square feet Any changes to these maximum areas shall require
the applicant to submit and receive approval for a revised stormwater management
plan by the Division
b) The footprint of all diffuse flow devices as well as an additional 10 -foot wide area on all
sides of the devices shall be located in either public rights -of -way, dedicated common
areas or recorded easement areas The final plats for the project showing all such
rights -of -way, common areas and easement areas shall be in accordance with the
approved plans
c) The approved diffuse flow plan shall be constructed and operational before any
permanent building or other structure is occupied at the site
d) The diffuse flow plan may not be modified without prior written authorization from the
Division A copy of the approval letter and the modified SMP shall be submitted to the
DWQ Webscape Unit prior to the commencement of the modifications
e) Maintenance activities for the level spreaders shall be performed in accordance with the
notarized O &M agreements signed by Eric Keravuon (Town Engineer, Town of Wake
Forest) on July 2, 2013 The O &M agreement shall transfer with the sale of the land or
transfer of ownership /responsibility for the BMP facility The Division shall be notified
promptly of every transfer
2 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
3 Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
Ligon Mill Extension
DWQ# 03- 0570v5
BUFFER APPROVAL
Page 3 of 4
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H 0500
4 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
5 This approval and its conditions are final and binding unless contested
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 sixty (60) 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 OOam and 5 OOpm, 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
Lacy Presnell, 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 - DWQ — Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
Ligon Mill Extension
DWQ# 03- 0570v5
BUFFER APPROVAL
Page 4 of 4
If sending via delivery service
(e g UPS, FedEx)
Karen Higgins
NC DEN R -DWQ— Webscape 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 Chern Smith at 919 - 791 -4251 or
cherri smith @ncdenr gov if you have any questions or concerns
Sinc rely,
Danny S th, Supervisor
Surface ater Protection — Raleigh
Regional Office
cc DWQ RRO 401 files
Deborah Edwards, Soil & Environmental Consultants, PA, 11010 Raven Ridge Road,
Raleigh, NC 27614