20061617 Ver 8_Buffer Approval Letter_20220908

DocuSign Envelope ID: 48AB0447-7062-4074-AF3C-581 D542833FB
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 9, 2022
DWR # 20061617 v8
Wake County
NASH Wendell Falls LLC
Attn: Ms. Tanya Matzen
4020 West Chase Blvd. Ste 150
Raleigh, NC 27607
Delivered via email to: [e-mail]
Subject: APPROVAL of NEUSE BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
Wendell Falls Development
Dear Ms. Matzen:
You have our approval for the impacts listed below for the purpose described in your modification
request received by the Division of Water Resources (Division) July 13, 2022, and subsequent
information on August 24, 2022 and September 8, 2022. These impacts are covered by the Neuse Buffer
Rules and the conditions listed below. This Authorization Certificate replaces the Authorization
Certification issued on July 15, 2014. The modification reflects changes in the land plan, sewer design,
and updated greenway trail design. This Buffer Authorization does not relieve the permittee of the
responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the
project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge,
Water Supply Watershed, and/or Stormwater regulations.
The following impacts are hereby approved as previously authorized by Individual Certifications and
Neuse Buffer Authorizations issued September 17, 2010 and July 15, 2014 and as modified as indicated
below. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Permanent
(Square feet)
Amount Approved
Temporary
(Square feet)
Buffers — Zone 1
225,053
42,689
Buffers — Zone 2
142,892
25,700
RODE
I I CAROL`A
_.anmenl of Environmental qual\ r
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

NOR VICAROIINA
Duparhnenl IAE,Mronlnental Iluallts
DocuSign Envelope ID: 48AB0447-7062-4074-AF3C-581 D542833FB
Specific updated and additional impacts proposed for project completion:
NASH Wendell Falls LLC
DWR# 20061617v8
Buffer Authorization Certificate
Page 2 of 4
Amount Approved
Permanent
(Square feet)
Amount Approved
Temporary
(Square feet)
Zone 1 Buffer Impacts
R5 (impact modification)
7717
0
R6 (impact modification)
9125
0
R8 (impact modification)
12321
0
R12 (impact modification)
7042
0
R14 (impact modification)
11261
0
P1 (new impact)
1728
0
G9 (new impact)
4575
0
S20 (new impact)
1915
0
S21 (new impact)
2059
0
S22 (new impact)
2556
0
Zone 2 Buffer Impacts
R5 (impact modification)
4971
0
R6 (impact modification)
5339
0
R8 (impact modification)
7316
0
R12 (impact modification)
3443
0
R13 (impact modification)
1538
0
R14 (impact modification)
6514
0
P1 (new impact)
993
0
G9 (new impact)
2835
0
S20 (new impact)
1279
0
S21 (new impact)
1743
0
S22 (new impact)
1279
0
Neuse Vet
286
0
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 .0267(11)]
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.
DE
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

DocuSign Envelope ID: 48AB0447-7062-4074-AF3C-581 D542833FB
Additional Conditions:
NASH Wendell Falls LLC
DWR# 20061617v8
Buffer Authorization Certificate
Page 3 of 4
1. Mitigation must be provided for the previously approved and updated proposed impacts as
specified in the table below. The Division has received receipts for previous mitigation payments for
417,447 square feet of buffer mitigation. The Division has received acceptance letters from the EBX-
Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank (Mitigation Bank) and the
Division of Mitigation Services (NCDMS) to meet the remaining 4,179 square feet of buffer
mitigation requirement. Until the Mitigation Bank & NCDMS receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment
to the Mitigation Bank & NCDMS to meet the following compensatory mitigation requirement. The
Permittee shall satisfy the remaining buffer mitigation requirement within 60 days of issuance of
this Buffer Authorization.
Compensatory Mitigation
Required
River and Sub -basin
Number
Buffer Zone 1
313,057 (square feet)
Neuse
03020201
Buffer Zone 2
108,569 (square feet)
Neuse
03020201
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.
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
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
�LLE
NORTVI CAROL INA
Dep.buem of Emroemeeml oeeL�
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

NOR VICAROIINA
Duparhnenl IAE,Mronlnental Iluallts
DocuSign Envelope ID: 48AB0447-7062-4074-AF3C-581 D542833FB
NASH Wendell Falls LLC
DWR# 20061617v8
Buffer Authorization Certificate
Page 4 of 4
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 Authorization shall expire when the corresponding 401 Water Quality Certification Approval
DWR#20061617v8 expires.
This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A
NCAC 02B .0714. Please contact Sue Homewood at 336-776-9693 or [e-mail] if you
have any questions or concerns.
Electronic cc:
Sincerely,
DocuSigned by:
Pa4.11001:0044,
"-949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Chris Huysman, Wetlands & Waters
Lyle Phillips, USACE Raleigh Regulatory Field Office
DWR RRO
DWR 401 & Buffer Permitting Branch Electronic file
DE
Filename: 20061617v8 WendellFalls Wake NeuseBA.docx
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