HomeMy WebLinkAbout20030570 Ver 8_Approval Letter_20160510Water Resources
ENVIRONMENTAL QUALITY
May 10, 2016
Taylor Morrison of Carolinas, Inc.
Attn: Thomas Reisland
211 James Jackson Ave.
Cary, NC 27513-3166
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR #03-0570 v8
Wake County
Subject: AFTER -THE -FACT AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN
RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH
ADDITIONAL CONDITIONS
Reynolds Mill Phase 3
Dear Mr. Reisland:
You have our approval for the impacts listed below for the purpose described in your
application dated April 21, 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 for DWR #03-0570 v8 does not replace the Authorization Certificate for DWR #03-
0570 v7 dated December 1, 2015. This Authorization Certificate shall expire five (5) years
from the date of this letter.
This approval requires you to comply with the following conditions:
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
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers — Zone 1
1,117 (square feet)
0 (square feet)
Buffers — Zone 2
425 (square feet)
'0 (square feet)
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
Reynolds Mill Phase 3
DWR #03-0570 v8
BUFFER APPROVAL
Page 2 of 4
2. Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from Wildlands Engineering to meet this
Mitigation requirement. Until Wildlands Engineering receives�and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to Wildlands Engineering to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
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.
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
Compensatory Mitigation
Required
River & Sub -
basin Number
Buffer
3,989 (square feet)
03020201
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.
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
Reynolds Mill Phase 3
DWR #03-0570 v8
BUFFER APPROVAL
Page 3 of 4
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH). A petition form maybe 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 DEN R-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 Cherri Smith at 919-791-4251 or
Cherri.Smith@ncdenr.gov if you have any questions or concerns.
Reynolds Mill Phase 3
DWR #03-0570 v8
BUFFER APPROVAL
Page 4 of 4
Si cerely,
Danny Smith
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer file
DWR 401 & Buffer Permitting Unit file
Brian Dustin; CALYX; 6750 Tryon Rd.; Cary, NC 27518