HomeMy WebLinkAbout20220263 Ver 1_Approval Letter_20220408DocuSign Envelope ID: 56AC12AD-3F10-4D05-8B8D-F7C22881 EA78
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
April 8, 2022
NORTH CAROLINA
Environmental Quality
Anthony Thomas
9328 Tabriz Point
Raleigh, NC 27614
(via email athomas90(agmail.com)
DWR # 20220263
Wake County
Subject: AFTER -THE -FACT APPROVAL OF NEUSE RIVER BASIN RIPARIAN
BUFFER IMPACTS EXCEPTION (MINOR VARIANCE) WITH ADDITIONAL
CONDITIONS
Thomas: 9328 Tabriz Point, Raleigh
Dear Mr. Thomas:
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 February 15, 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 2
B 1: Structure
50 (square feet)
0 (square feet)
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 Wildlands Holdings II, LLC, from the WEI-Neuse 01
Nutrient Offset & Buffer Bank to meet this mitigation requirement. The specific bank site to be debited
will be the Buck Swamp Parcel located in HUC 03020201. Until Wildlands Holdings II, 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
Wildlands Holdings II, LLC to meet the following compensatory mitigation requirement [15A NCAC
02H .0506 (b)(6)1:
Compensatory
Mitigation Required
Bank Sponsor
River & Sub -basin Number
Buffer -Zone 2
75 (square feet)
Wildlands Holdings, II, LLC
03020201-Outside Falls Lake
Watershed
D_E
NORTH CAROLINA
Department of Environmental Duality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
DocuSign Envelope ID: 56AC12AD-3F10-4D05-8B8D-F7C22881 EA78
Thomas: 9328 Tabriz Point, Raleigh
DWR# 20220263
Buffer Authorization Certificate
Page 2 of 3
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 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 with Minor Exception 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.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Depaitinent 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 Stephanie Goss at stephanie.goss@ncdenr.gov or 919-791-4256
if you have any questions or concerns.
Sincerely,
DocuSigned by:
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
£ D_E
NORTH CAROLINA
Department of Environmental Duality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000
DocuSign Envelope ID: 56AC12AD-3F10-4D05-8B8D-F7C22881 EA78
cc: DWR 401 & Buffer Permitting via Laserfiche
£ D_E
NORTH CAROLINA
Department of Environmental Duality
Thomas: 9328 Tabriz Point, Raleigh
DWR# 20220263
Buffer Authorization Certificate
Page 3 of 3
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000