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Home My WebLink About19970326 Ver 5_Minor Variance_20220928Staff Review Form NORTH CAROLINA Envlronm¢ntcl Qvofiry Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID#* 19970326 Version* 5 Is this project a public transportation project?* Yes • No Reviewer List: * Kelsey Rowland:eads\ksrowland Select Reviewing Office: * Central Office - (919) 707-9000 Does this project require a request for payment to be sent?* Yes No Project Submittal Form * Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: Project Contact Information Name: Hunter Diefes Who is submitting the information? Email Address: hdiefes@atlasstark.com Project Information Existing ID #: 19970326 20170001 (no dashes) Project Name: Preston Walk Lot 6 Is this a public transportation project? Yes No Existing Version: 4 Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Wake Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 19970326 v4 - Modification Request.pdf Neuse Buffer Variance Approval (Preston Walk Lot 6).pdf Preston Walk Lot 6 DMS acceptance letter.pdf RE_ [External] Re_ 1001 Darrington Drive, Cary (Preston Walk Lot 6).pdf RE_ Neuse 03020201 Buffer Credit Availability.pdf Wildlands Eng.pdf Only pdf or kmz files are accepted. 128.76KB 1.19MB 243.37KB 536.92KB 351.56KB 215.95KB Describe the attachments or comments: Attachments: Modification Request Letter DMS Acceptance Letter Private Bank credit availability communications Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: Submittal Date: Is filled in automatically. ATLAS STARK 401 & Buffer Permitting Branch NC Division of Water Resources NC Department of Environmental Quality 512 N Salisbury Street Raleigh, NC 27604 ATLAS STARK HOLDINGS LLC PO Box 6309 I Raleigh, NC 27628 www.atlasstark.com T: 919.289.1338 RE: Request for modification to a minor variance approval for a change to the mitigation provider. Existing ID 19970326 v4 Dear Sir/Madam, Please accept this letter as a request for modification to ID 19970326 v4 to change from the approved private bank to DMS as the approved mitigation provider. All private banks in the service area were contact and none had sufficient credits available for the mitigation. See attached documentation. Also included with this request is the DMS acceptance letter. Thank you and please let me know if you need any additional information. Sincerely, Hunter Diefes, Development Associate Atlas Stark Holdings ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Director Preston Development Company ATTN: Karl Blackley 100 Weston Estates Way Cary, NC 27513 NORTH CAROLINA Environmental Quality February 28, 2019 DWR # 19970326 v4 Wake County Subject: APPROVAL OF MINOR VARIANCE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES [15A NCAC 02B .0233] Preston Walk Lot 6 Dear Mr. Blackley: You have our approval for the impacts listed below for the purpose described in your application dated January 2, 2019, received by the Division of Water Resources (Division) January 2, 2019, with subsequent information received on February 28, 2019. This letter shall serve as your Minor Variance approval with conditions as authorized in 15A NCAC 02B .0233 (9)(b). 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 following conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Neuse Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 026 .0233(8)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 2 Building and sidewalk 1,643 (square feet) 0 (square feet) Construction zone, temporary tree clearing* 0 (square feet) 1,740 (square feet) * Vegetation within the temporary impacts must be restored within 6 months. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carolina 27699-1617 919.707.9000 Preston Walk Lot 6 DWR# 19970326 v4 Minor Variance Buffer Approval Page 2 of 4 2. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0233 shall occur within the Neuse riparian buffer unless approved by the Division. [15A NCAC 02B .0233(4)] 3. Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the approved Bank Sponsor(s) EBX Neuse I, LLC and Environmental Banc & Exchange, LLC [hereby known as Bank Sponsor(s)] for use of the following mitigation banks: EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank and EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank. Until the Bank Sponsor(s) receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization shall occur. For accounting purposes, this Authorization authorizes payment to the Bank Sponsor(s) to meet the following compensatory mitigation requirement [15A NCAC 02B .0233 (9)(b)]: Compensatory Mitigation Required River and Sub -basin Number Buffers 2,465 (square feet) Neuse 03020201 4. Diffuse Flow Plan Stormwater shall be directed to the existing bioretention basin on nearby Lot 7. Modification of this Diffuse Flow Plan may require written approval by the Division. [15A NCAC 02B .0233 (9)(b)] 5. Protective Fencing The outside Neuse riparian buffer boundary and along the construction corridor within these boundaries approved shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the Neuse riparian buffer prior to any land disturbing activities. [15A NCAC 02B .0233 (9)(b)] 6. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or Neuse riparian buffer areas beyond the footprint of the impacts depicted in the application. 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 02B .0233] 7. 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 Minor Variance. 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 Preston Walk Lot 6 DWR# 19970326 v4 Minor Variance Buffer Approval Page 3 of 4 this approval letter and is responsible for complying with all conditions. [15A NCAC 02B .0233 (9)(b)] 8. 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 during normal business hours. This approval and its conditions are final and binding unless contested. [15A NCAC 02B .0233 (9)(b)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Minor Variance can be contested as provided in General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60). 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 !f 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 Preston Walk Lot 6 DWR# 19970326 v4 Minor Variance Buffer Approval Page 4 of 4 This letter completes the review of the Division under the Neuse Riparian Buffer Rule as described in 15A NCAC 02B .0233. Please contact me at karen.higgins@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch cc: John Dorney, Rebeckah Hollowell, and Adam Efird, Moffatt & Nichol (via email) Karl Blackley, Preston Dev. Co. (via email) L. Smith, Withers Ravenel (via email) Bill Brian, Morning Star Law Group (via email) DWR 401 & Buffer Permitting Branch file (Laserfiche) Filename: 19970326v4PrestonWalkLot6(Wake)_MIV_NRB ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD NORTH CAROLINA Director Environmental Quality Hunter Diefes Atlas Stark Holdings PO Box 6309 Raleigh, NC 27628 September 27, 2022 Expiration of Acceptance: 3/27/2023 Project: Preston Walk Lot 6 County: Wake The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. Once DMS receives a copy of the revised buffer approval an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HUC) Impact Type Impact Quantity Neuse 03020201 Riparian Buffer 1,643 @ 1.5:1 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. ,E/E41,5) :.ARfll IRA D ` / ro1r�A of ErcAmnmBnnl WeYq \V�� Sincerely, FOR James. B Stanfill Deputy Director North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 I�\ • • Get Adobe Reader Now! I�\ • • Get Adobe Reader Now! Hunter Diefes From: Sent: To: Subject: Camden Brunick <cbrunick@wildlandseng.com> Tuesday, September 27, 2022 9:41 AM Hunter Diefes RE: Neuse 03020201 Buffer Credit Availability GRAPHUS Warning: Sender cbrunick@wildlandseng.com has never sent any emails to your organization. Please be careful before replying or clicking on the URLs. Report Phishing Remove Banner powered by Graphus° Good morning Hunter, I hope you are doing well today. At the moment we only have 5 sq ft of buffer credits but are anticipating another release in about 3-4 weeks that will meet the credits needed if you are able to wait until then. Thank you, Camden Brunick I Mitigation Credit Sales 0: 704.332.7754 x114 M: 919.219.6162 Wildlands Engineering, Inc. 1430 S. Mint St., Suite 104 Charlotte, NC 28203 SUBSCRIBE TO OUR NEWSLETTER! » From: Hunter Diefes <hdiefes@atlasstark.com> Sent: Tuesday, September 27, 2022 9:35 AM To: Camden Brunick <cbrunick@wildlandseng.com> Subject: Neuse 03020201 Buffer Credit Availability Hello, I am inquiring about buffer credit availability for 2,465 sq ft of buffer mitigation in the Neuse 03020201 service area. Thank you. Al LAS PIS STPAIIK Hunter Diefes Development Associate I Atlas Stark Holdings, LLC (m): (910) 770-1145 HDiefes@AtlasStark.com / Linkedln www.AtlasStark.com 1