20170314 Ver 3_Ver 1 - DWR Approval Letter_20181113

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N'11PONI'LN AL QU A, L IV
May 5, 2017
Leyland Twin Lakes, LLC
ATTN: Jason Hess
233 Route 17
Tuxedo Park, NY 10987
M i (A I A 1: L S. R i: 6A N
S. JAY /1NINIFIRNIAN
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND RIPARIAN BUFFER WITH
ADDITIONAL CONDITIONS
Twin Lakes Center
Dear Mr. Hess:
You have our approval for the impacts listed below for the purpose described in your
application dated March 14, 2017, received by the Division of Water Resources (Division) on
March 20, 2017. These impacts are covered by the attached Water Quality General
Certification Number 4092 / Neuse Riparian Buffer Rules and the conditions listed below. This
certification is associated with the use of Nationwide Permit Number 39 once issued to you by
the U.S. Army Corps of Engineers. 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 in the enclosed certification (s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and the Neuse Riparian Buffer Rules are met. No
other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(c)]
Type of Impact Amount Approved Amount Approved
units) units)
Permanent Temporary
404/401 WETLANDS
Inset 3 0.107 (acres) 0 (acres)
Inset 5 0.017 (acres) 0 (acres)
Total Wetlands 0.124 (acres) 0 (acres)
Buffers —Zone 1
Inset 1 739 (square feet) Cs'q—u 'a 'r"e'feet)''
State ol'North Carolina Environmental Quality I Water Resource
1617 Mail Service Center I Raleigh. North Carolina 27699-1617
9198076300
Twin Lakes Center
DWR# 17-0314
Page 2 of 3
Type of Impact Amount Approved
units)
Permanent
Amount Approved
units)
Temporary
Inset 2b720 square feet) 0 (square feet)
Inset 4 924 (square feet) 0 (square feet)
Total Zone I 2,33 (square 0 (square feet)
Buffers —Zone 2
lnset,.l 528 (square feet) 0 (square feet)
Inset 2a 63 (square feet) 0 (square feet)
Inset 2b 451 (square feet) 0 (square feet)
Inset 4 648 (square feet) 0 (square feet)
Total Zone 2 1,690 (square feet) 0 (square feet)
2. 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 Certification.
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 General Certifications and is
responsible for complying with all conditions, [15A NCAC 02H .0507(d)(2)]
3. You are required to obtain a stormwater management plan (SMP) approval letter from
the Town of Cary before any impacts authorized in this certification occur. After it is
approved, the SMP may not be modified without prior written authorization from the
Town of Cary. [15A NCAC 02B.0233(5)]
4. if any erosion problems are observed in the surface waters downslope of the
stormwater discharge points, then you shall immediately repair and correct the problem
and prevent further damage and sediment discharge to the receiving surface waters.
Please be aware that these repairs may require you to obtain a 404 Permit from the
Corps and a 401 Certification from the Division. [15A NCAC 02H .0506(b)(5)]
5. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (e.g. 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)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in 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.
Twin Lakes Center
DWR# 17-0314
Page 3 of 3
r- r11477frTff-dr el tilL ..................... a
Clerk's Office at [phone] for information. A petition is considered filed when the origin
and one (1) copy along with any applicable OAH filing fee is received in the OAH during norm
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official sta
holidays), I
The petition may be faxed to the OAH at [phone], 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.
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 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 section 401 of the Clean Water Act.
Please contact meat karen.hi —ins @vnccdlenr-fo v if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC GC 4092
cc (w/out enclosures): Kevin Yates, McAdams Company (email)
USACE Raleigh Regulatory Field Office
DWR • 401 & Buffer Permitting Branch file
Filenarne: 170314TwinLakesCenter(Wake)-401—GC—NRB