HomeMy WebLinkAbout20220060 Ver 1_Buffer Approval Letter_20220310DocuSign Envelope ID: 625D9C80-D2B5-4CC8-958F-F1AC481C5322
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
March 10, 2022
Comet Development, LLC
Attn: Seth Coker
P.O. Box 116
Colfax, NC 27235
(via email scoker@cometdev.com)
NORTH CAROLINA
Environmental Quality
DWR # 20220060
Wake County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
Comet Raleigh Apartments
Dear Mr. Coker:
You have our approval for the impacts listed below for the purpose described in your application dated
January 10, 2022, received by the Division of Water Resources (Division) January 10, 2022, with
payment received January 11, 2022 with additional information received January 23, 2022, and March 2,
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 when the corresponding 401 Water
Quality Certification Approval DWR#20220060 expires.
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. f 15A NCAC 02B Neuse .0611(bl(211
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers — Zone 1
B 1: Road Crossing
11,288 (square feet)
0 (square feet)
B2: Road Crossing
8,090 (square feet)
0 (square feet)
Buffers — Zone 2
B1: Road Crossing
5,373 (square feet)
0 (square feet)
B2: Road Crossing
5,097 (square feet)
0 (square feet)
GD_E
NORTH CAROLINA
Department of EnvironmentalOualtt
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: 625D9C80-D2B5-4CC8-958F-F1AC481C5322
Comet Raleigh Apartments
DWR# 20220060
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 EBX-Neuse I, Neuse Riparian Buffer Umbrella
Mitigation Bank (EBX-Neuse I, LLC) and the EBX Upper Neuse Riparian Buffer Umbrella Bank (EBX)
to meet this mitigation requirement located in HUC 03020201.Specific bank sites that will be debited will
be from the following: Buffalo Branch, Bucher, Selma Mill, Cedar Grove, Polecat, Stone Creek, Hannah
Bridge, Meadow Spring, Poplar Creek, Uzzle, and/or Hatley. Until EBX-Neuse I, LLC and/or EBX
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 EBX-Neuse I, LLC and/or EBX 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
33,864 (square feet)
EBX-Neuse I, LLC and/or
EBX
Neuse: 03020201-Outside
Falls Lake Watershed
Buffer -Zone 2
8,060 (square feet)
EBX-Neuse I, LLC and/or
EBX
Neuse: 03020201-Outside
Falls Lake Watershed
Total:
41,924 (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] Upon the
presentation of proper credentials, the Division may inspect the property.
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: 625D9C80-D2B5-4CC8-958F-F1AC481C5322
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Comet Raleigh Apartments
DWR# 20220060
Buffer Authorization Certificate
Page 3 of 3
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 150B-23(a).
This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does
it create any prescriptive right or any right of priority regarding any usage of water. This Authorization
Certificate shall not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization
Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
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 919-791-4258 or Colleen.Cohn@ncdenr.gov if
you have any questions or concerns.
Sincerely,
DocuSigned by:
a.kt
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)