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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