HomeMy WebLinkAbout20170314 Ver 3_Approval Letter_20190103ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Interim Director
January 3, 2019
Leyland Twin Lakes, LLC
Attn: Howard Kaufman
233 Route 17
PO Box 878
Tuxedo Park, NY 10987
NORTH CAROLINA
Environmental Quality
DWR #17-0314 v3
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) 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 received by the Division of Water Resources (Division) on November 13, 2018 with
additional information received on January 3, 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 17-0314 v3 replaces all the
Buffer Impacts Approved for 17-0314 v1 dated May 5, 2017. 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)].
M.W DW Q
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
010 701 AIM
Twin Lakes Center
DWR #17-0314 v3
BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers — Zone 1
B1: Stormwater Outfall #3
850 (square feet)
0 (square feet)
132: Stormwater Outfall #2
1,092 (square feet)
0 (square feet)
133: Stormwater Outfall #1
589 (square feet)
0 (square feet)
Buffers — Zone 2
B1: Stormwater Outfall #3
978 (square feet)
0 (square feet)
132: Stormwater Outfall #2
742 (square feet)
0 (square feet)
63: Stormwater Outfall #1
668 (square feet)
0 (square feet)
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 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].
�DH
, F 0�-/Y
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street, 1617 Mail Service Center Raleigh, North Carolina 27699-1617
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Twin Lakes Center
DWR #17-0314 v3
BUFFER APPROVAL
Page 3 of 4
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, maybe
required to submit a new application package with the appropriate: fee'-. f the property is
sold, the new owner must be given a copy of this approval letter and is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as provided in General Statute
1506 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 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
;:.
EQ -
North Carolina Department of Environmental. Quality 'Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh; North Carolina 27699-1617
01 a 7n7 anon
M
Twin Lakes Center
DWR #17-0314 v3
BUFFER APPROVAL
Page 4 of 4
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
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@ncdenr.gov if you have any questions or concerns.
Sincerely,
*ickolich, LG
Assistant 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 roth@mcadamsco.com
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street ; 1617 Mail Service Center Raleigh. North Carolina 27699-1617
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