HomeMy WebLinkAbout20151288 Ver 2_Receipt_20171023Wa ter Resources
ENVIRONMENTAL QUALITY
June 28, 2017
I T B Holdings, LLC
Attn: Mr. Christopher M. Willet
1829 E. Franklin Street, Ste 800-B
Chapel Hill, NC 27514
ROY COOPER
MICHAEL S. REGAN
sec,oar)
S. JAY ZIMMERMAN
Director
DWR # 15-1288 v2
Wake County
Subject: Authorization of Neuse River Riparian Buffer Protection Rules Major Variance with
Additional Conditions
2912 Wake Forest Road Redevelopment
Dear Mr. Willet:
You have our approval for the impacts listed below for the purpose described in your application
dated December 11, 2015, received by the Division of Water Resources (Division) December 14,
2015, with subsequent information on February 4, 2016, and in a modification request received
by the Division on June 26, 2017. This Major Variance replaces the Major Variance issued on May
3, 2016 to change the mitigation plan to a different private mitigation bank. This letter shall serve
as your Major Variance approval with conditions as authorized in 15A NCAC 02B .0233 (9)(c)(ii).
This letter only addresses the major variance from the buffer rules and does not approve any
activity within Waters of the United States or Waters of the State. 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 approval requires you to follow the conditions listed below:
1. The following impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0233(9)(c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers — Zone 1
23,891 (square feet)
0 (square feet)
Buffers — Zone 2
13,686 (square feet)
0 (square feet)
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
I T B Holdings, LLC
Major Variance Approval
DWR Project # 15-1288 v2
Page 2 of 5
2. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0233
shall occur within the protected riparian buffer unless approved by the Division.
3. Mitigation Plan
Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from the Old Savannah Nutrient Offset &
Buffer Bank Mitigation Bank to meet this mitigation requirement. Until the Old Savannah
Nutrient Offset & Buffer Bank Mitigation Bank 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 the Old Savannah Nutrient Offset & Buffer Bank
Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC
02H .0506 (b)(6)]:
4. Stormwater Management Plan
You are required to provide one copy of the approved SMP, including plan details on full-
sized plan sheets, with proof of City of Raleigh'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. After it is
approved and submitted to the Division, the SMP may not be modified without prior
written authorization from the City of Raleigh. 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
(9)(c)(iii)]:
5. Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards [15A NCAC 02B
.0200]:
The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
Compensatory Mitigation
Rivera nd Sub -basin
Required
Number
Buffers
92,202 (square feet)
Neuse
03020201
4. Stormwater Management Plan
You are required to provide one copy of the approved SMP, including plan details on full-
sized plan sheets, with proof of City of Raleigh'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. After it is
approved and submitted to the Division, the SMP may not be modified without prior
written authorization from the City of Raleigh. 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
(9)(c)(iii)]:
5. Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards [15A NCAC 02B
.0200]:
The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
I T B Holdings, LLC
Major Variance Approval
DWR Project # 15-1288 v2
Page 3 of 5
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow
pits associated with the project.
For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most recent
version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution
Control Act.
6. 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 213 .0233]
7. Protective Fend
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 infringe within the buffer, wetland or water prior to any land disturbing
activities to ensure compliance with 15A NCAC 2B .0233.
8. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference and are an enforceable part
of this Approval. 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 Approval and is responsible for complying with all conditions.
[15A NCAC 2B .02331
9. The applicant and/or authorized agent shall provide a completed Certificate of
Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project
completion (available at: http://deg.nc.gov/about/divisions/water-resources/water-
resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-application-
forms-help-documents.
10. This approval grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
I T B Holdings, LLC
Major Variance Approval
DWR Project # 15-1288 v2
Page 4 of 5
during normal business hours. This approval and its conditions are final and binding
unless contested.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Major Variance 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) within sixty (60) calendar days.
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. 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 via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to 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 Riparian Buffer Rules as
described in 15A NCAC 2B .0233. Please contact Jennifer Burdette at 919-807-6364 or
0ennifer.burdette@ncdenr.gov or if you have any questions or concerns.
Sincerely,
WSJ '
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
I T B Holdings, LLC
Major Variance Approval
DWR Project # 15-1288 v2
Page 5 of 5
cc: Bob Zarzecki, Soil & Environmental Consultants, Inc., 8412 Falls of Neuse Road, Ste
104, Raleigh, NC 27615
Richard Sherman, ITB Holdings, LLC, P 0 Box 2152, Chapel Hill, NC 27515
DWR RRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 151288v2_2912WakeForestRdRedevelopment(Wake)_NRB_MJV_Mod.docx