20170314 Ver 2_Approval Letter_20180913

Water Resources
ENVIRONMENTAL QUALITY
September 13, 2018
Leyland Twin Lakes, LLC
Attn: Howard Kaufman
233 Route 17 -
Tuxedo Park, Ny 10987
ROY COOPER
Governor
MICHAEL REGAN
secretary
LINDA CULPEPPER
Interim
Director
DWR #17-0314 v2
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN, RIPARIAN BUFFER
PROTECTION RULES (15A,NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Overture Twin Lakes
Dear Mr. Kaufman:
You have our approval for the.impacts'listed below for the purpose described in your
application received by.the Division of Water Resources (Division) on July31, 2018. 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 comply with the following 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 [15A NCAC 02B. 0233(8)].
Type of Impact
Amount Approved
(Units)
Permanent
Amount Approved
(Units)
Temporary
Buffers — Zone 1
131: Stormwater outfall
801 (square feet)
0 (square feet)
Buffers - Zone 2
131:'Stormwater outfall
764 (square feet)
0 (square feet)
Division of Water Resources, Raleigh Regional Office, Water Quatity Operations Section http://portal.nedenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Overture Twin Lakes
DWR #17-0314 v2
BUFFER APPROVAL
Page 2 of 4
.2: Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the Town of Cary and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the Town of Cary. [15A NCAC 02H .0506(b)(3)]
3. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but -not limited to sediment: impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .0200] 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. A written submission shall also be provided within 5 business days of the,
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, -and its causes; the period of noncompliance;
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance.is expected to continue; and steps taken or,planedjto reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may,wa;ive the
written submission requirement on a case-by-case basis. '
4. 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].
5. 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 propertyuntil
the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H
.0507 (c)]
6. 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, ther new owner must be given a copy of this'approval letter and is responsible for
complying with all conditions.
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51

Overture Twin Lakes
DWR #17-0314 v2
BUFFER APPROVAL
Page 3 of 4
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.ntoah.com/ or by calling the OAH Clerk's Office at [phone] 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
hrough Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-31004 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 Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service_Cen'ter
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 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 DWR — 401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604

Overture Twin Lakes
DWR #17-0314 v2
BUFFER APPROVAL
Page 4 of 4
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B .0233. Please contact Stephanie Goss at 919-791-4256 or
stephanie,goss@ncdenU,,ov if you have any questions or concerns.
Sincer ly,
Danny Smit
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit file
Kelly Roth via e-mail at [e-mail]