20230402 Ver 1_Approval Letter_20230412

DocuSign Envelope ID: C4E3FB69-089E-4CDB-9533-03BC739AFA5B
ROSY COOPER
Govern ar
ELIZA E'rH S. MISER.
Secretary
RICHARD E. ROGERS, JR,.
Diry a`or
April 12, 2023
Daina Zeng and Raul Doyle
107 Wohler Court
Cary, NC 27513
(via email: [e-mail])
NORTH CAROLINA
Environmental Quality
DWR # 20230402
Wake County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
107 Wohler Court, Cary
Dear Ms. Zeng and Mr. Doyle:
You have our approval for the impacts listed below for the purpose described in your application dated
February 27, 2023 and received by the Division of Water Resources (Division) February 27, 2023 with
additional information received on April 11, 2023. 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.
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 .061 l(b)(2)] This Authorization shall expire five (5) years from the
date of this letter.
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Buffers — Zone I —
126 (square feet)
0 (square feet)
screened porch
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 an acceptance letter from the approved Bank Sponsors Wildlands Holding III,
LLC and Wildlands Holdings V, LLC for buffer credits.
For accounting purposes, this Authorization Certificate authorizes payment to the Bank Sponsor to meet
the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
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pQ Z'� North Carolina Department of Environmental Quality 11 Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive 11 Raleigh, North Carolina 27609
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DocuSign Envelope ID: C4E3FB69-089E-4CDB-9533-03BC739AFA5B
107 Wohler Court
DWR# 20230402
Buffer Authorization Certificate
Page 2 of 3
Compensatory Mitigation
Bank Sponsor
River & Sub -basin Number
Required
Buffer -Zone 1
378 (square feet)
Wildlands Holding III, LLC
Neuse: 0302020 1 -Outside
and Wildlands Holding V,
Falls Lake Watershed
LLC
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 2uup /,�vwvwv.uico�&.„
o Iu / or by calling the OAH Clerk's Office at [phone].
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
If the parry filing the Petition is not the permittee, then the parry must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 15013-23(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
North Carolina Department of Environmental Quality 11 Division of Water Resources
Raleigh Regional Office 11 3800 Barrett Drive 11 Raleigh, North Carolina 27609
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919,791,4200

DocuSign Envelope ID: C4E3FB69-089E-4CDB-9533-03BC739AFA5B
107 Wohler Court
DWR# 20230402
Buffer Authorization Certificate
Page 3 of 3
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.
This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described
in 15A NCAC 02B .0714. Please contact Chem Smith or Zachary Thomas at 919-791-4200 or
chem'.smith(a)ncdenr.gov or zachary.thomas@ncdenngov if you have any questions or concerns.
Sincerely,
ocuSigned by:
E�D
A, -E. ALav,ud' F V'
2916E6AB32144F...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: DWR 401 & Buffer Permitting Branch electronic file
Harland Johnson (via email: [e-mail])
North Carolina Department of Environmental Quality 11 Division of Water Resources
Raleigh Regional Office 11 3800 Barrett Drive 11 Raleigh, North Carolina 27609
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919,791,4200