HomeMy WebLinkAbout20040573 Ver 3_Revised Buffer Approval Letter_20220527DocuSign Envelope ID: 37601464-56D6-455A-AC52-F84A2FB9DBF4
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
May 27, 2022
JRMS One, LLC
Attn: Brad Whitehurst
7208 Falls of Neuse Road, Suite 101
Raleigh, NC 27615
(via email brad@pmsouth.com)
NORTH CAROLINA
Environmental Quality
DWR # 20040573 - revised
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. This Authorization replaces the
Authorization issued January 31, 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
132: Road Crossing
81 (square
feet
0
(square feet
133: Road Crossing
2,882
(square feet
0
(square feet
134: Road Crossing
1,915
(square feet)
0
s uare feet)
Buffers — Zone 2
B 1: Fill
1,141
(square feet
0
(square feet
132: Road Crossing
512 (square
feet
0
(square feet
133: Road Crossing
2,211
(square feet
0
(square feet
134: Road Crossing
3,807
(square feet)
0
s uare feet)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA -
o.Pemm.nt of Emlro�menW uuar� /`� 919.791.4200
DocuSign Envelope ID: 37601464-56D6-455A-AC52-F84A2FB9DBF4
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 and Wolfe Mitigation 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
Bank Sponsor
River & Sub -basin Number
Mitigation Required
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-
I
I
. Upper Falls Lake Watershed
Total:
1 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: 37601464-56D6-455A-AC52-F84A2FB9DBF4
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. Cohnkncdenr. gov or 919-791-4258 if
you have any questions or concerns.
Sincerely,
Docu Signed by:
Sce vksbw
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)