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Home My WebLink About20040573 Ver 3_Buffer Approval Letter_20220131DocuSign Envelope ID: 4581AC17-30EF-4716-A72A-4EDF7D0C3480 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director January 31, 2022 JRMS One, LLC Attn: Brad Whitehurst 7208 Falls of Neuse Road, Suite 101 Raleigh, NC 27615 (via email brad@jpmsouth.com) NORTH CAROLINA Environmental Quality DWR # 20040573 Wake County Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Forestville Village Dear Mr. Whitehurst: You have our approval for the impacts listed below for the purpose described in your application received by the N.C. Division of Water Resources (Division) on October 8, 2021, with payment received October 12, 2021, and additional information received January 6, 2022. These impacts are covered by the Neuse River Buffer Rules and the conditions listed below. 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 shall expire five (5) years from the date of this letter. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the Neuse River Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B Neuse .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 B1: Fill 538 (square feet) 0 (square feet) B2: Road Crossing 81 (square feet) 0 (square feet) B3: Road Crossing 2,882 (square feet) 0 (square feet) B4: Road Crossing 1,915 (square feet) 0 (square feet) Buffers — Zone 2 B 1: Fill 1,141 (square feet) 0 (square feet) B2: Road Crossing 512 (square feet) 0 (square feet) B3: Road Crossing 2,211 (square feet) 0 (square feet) B4: Road Crossing 3,807 (square feet) 0 (square feet) D_E NORTH CAROLINA Department of Environmental Ouali\ e/ North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 4581AC17-30EF-4716-A72A-4EDF7D0C3480 Forestville Village DWR# 20040573 Buffer Authorization Certificate Page 2 of 3 Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received a Statement of Availability letter from Wildland Holdings V, LLC, and the North Fork Little River Nutrient Offset & Buffer Bank to meet this mitigation requirement located in HUC 03020201. Until Wildland Holdings V, LLC, receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Certification shall occur. For accounting purposes, this Certification authorizes payment to Wildland Holdings V, LLC, to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Required Bank Sponsor River & Sub -basin Number Buffer — Zone 1 16,248 (square feet) Wildland Holdings V, LLC Neuse: 03020201- Upper Falls Lake Watershed Buffer — Zone 2 11,507(square feet) Wildland Holdings V, LLC Neuse: 03020201- Upper Falls Lake Watershed Total: 27,755 (square feet) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. 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 this Authorization Certificate. 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 this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)] If you are unable to comply with any of the conditions below, you must notify the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Raleigh Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0714]. 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. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. DocuSign Envelope ID: 4581AC17-30EF-4716-A72A-4EDF7D0C3480 Forestville Village DWR# 20040573 Buffer Authorization Certificate Page 3 of 3 One (1) copy of the Petition must also be served to the North Carolina 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 the Neuse River Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Colleen Cohn at Colleen.Cohn@a,ncdenr.gov or 919-791-4258 if you have any questions or concerns. Sincerely, Sit rDocuSigned by: ik,e,44 , BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: DWR 401 & Buffer Permitting via Laserfiche Camden Brunick, Soil and Environmental Consultants (via email)