20160564 Ver 3_Approval Letter_20181127

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
November 27, 2018
NORTH CAROLINA
Enviranmental Quality
DWR #16-0564 v3
Wake County
Lambert Development South Street, LLC
Attn: Kerry Berman
5 Hanover Square -14th Floor
New York, NY 10004
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0233)'WITH ADDITIONAL CONDITIONS
611 West South Street
Dear Mr., Berman
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 October 4, 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 Authorization Certification for DWR
16=0564 v3 replaces the Authorization Certification for 16-0564.v2 dated May 3, 2018. This
Authorization Certificate shall expire five (5) years from the date of this letter.
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
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers — Zone 2
B1 -SCM & Stormwater
1,184 (square feet)
'0 (square feet)
Outfalls
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North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
01 a 7Q1 n'lnn

611 West South Street
DWR #16-0564 v3
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 City of Raleigh and meet
the requirements of this Certification. The SMP may not be modified without prior written
authorization from the City of Raleigh. [15A NCAC 02H .0506(b)(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 .02001. 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 planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive 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 property until
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, the 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
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611 West South Street
DWR #16-0564 v3
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 obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919)"431-3000 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 between 8:00am and 5:00pm, excluding official state holidays).
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.
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 Center
Raleigh, NC 27699-1601
Please.send one (1) copy of the petition to DWR:
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
3 Page

611 West South Street
DWR #16-0564 v3
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
[e-mail] if you have any questions or concerns.
Sincerely,
C
Danny Smith
J
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer Authorization file
DWR 401 & Buffer Permitting Unit file
Lyle Phillips via e-mail at [e-mail]
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