HomeMy WebLinkAbout20221796 Ver 1_Approval Letter_20230630ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 30, 2023
Sound Timber Management LLC
Attn: Mr. Glenn Bagwell, Jr., Manager
333 Sherwee Dr
Raleigh NC 27603
Delivered via email to hgbjr@ix.netcom.com
DWR # 20221796
Wake County
Subject: Buffer Authorization with Major Exception for Neuse River Riparian Buffer Impacts with
Additional Conditions (15A NCAC 02B .0714)
Project Ocean — Commercial Warehouse Project in Eagle Crest Industrial Park
Dear Mr. Bagwell:
You have our approval for the impacts listed below for the purpose described in your application dated
and received by the Division of Water Resources (Division) December 22, 2022, and subsequent
information on March 15, 2023 and April 26, 2023. This letter shall serve as your Authorization
Certificate with Minor Exception approval with conditions as authorized in 15A NCAC 02B .0611. This
letter only addresses impacts to the regulated riparian buffer and does not approve any activity within
Waters of the United States or Waters of the State, and 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, provided that all of the Conditions listed below. No other
impacts are approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers — Zone 1
14,770 (square feet)
0 (square feet)
Buffers — Zone 2
11,332 (square feet)
0 (square feet)
D � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINq
oaa..m.mof�runn,aM,lOual\ /� 919.707.9000
Project Ocean — Eagle Crest Industrial Park
DWR# 20221796
Buffer Authorization Certificate with Major Exception
Page 2 of 4
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.
Additional Conditions:
Mitigation must be provided for the proposed impacts as specified in the table below. The attached
Compensatory Mitigation Responsibility Transfer Form (Form) shall be completed and provided to
the Division prior to any impacts occurring. If the Mitigation Provider specified on the attached
Form(s) for the proposed impacts changes after issuance of this Certificate, then the Permittee shall
request a revised Compensatory Mitigation Responsibility Transfer Form from the Division prior to
conducting any impacts.
Compensatory Mitigation
Required
River and Sub -basin
Number
Neuse Buffer
61,308 square feet (credits)
Neuse / 03020201
2. No additional impacts, other than exempt uses as identified within 15A NCAC 02B .0714 or impacts
approved by a Buffer Authorization issued separately from this approval by the Division, shall occur
within the protected riparian buffer unless approved.
3. The Permittee shall secure an approved stormwater management plan (SMP) from the City of
Raleigh before any impacts authorized in this certificate with exception occur. The applicable
portion of the approved SMP shall be constructed and operational before any permanent building or
other permanent structure is occupied at the site. If any of the SCMs are used as an Erosion and
Sediment Control device, it must be restored to the approved stormwater design condition within
30 days of close-out of the Erosion and Sediment Control Plan.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
Project Ocean — Eagle Crest Industrial Park
DWR# 20221796
Buffer Authorization Certificate with Major Exception
Page 3 of 4
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 1506-23(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.
This Authorization shall expire 5 years from the date of issuance.
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 336-813-1863 or sue.homewood@deg.nc.gov if you
have any questions or concerns.
Sincerely,
DocuSigned by:
E
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755ABFOCD8OB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Jeff Harbor, Terracon
DWR RRO
DWR 401 & Buffer Permitting Branch electronic file
Filename: 20221796 Project Ocean - Wake - Neuse Exception.docx
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROL
04patneMbfE I,—U10-Ift /� 919.707.9000
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
June 30, 2023
Permittee: Sound Timber Management LLC DWR Project # 20221796
Project Name: Project Ocean — Eagle Crest Industrial Park County: Wake
The Division has received a Statement of Availability (SOA) from EBX-Neuse I, LLC Neuse Riparian Buffer
Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar
Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, EBX Upper Neuse Riparian Buffer Umbrella
Mitigation Bank, RES 2021 Neuse Umbrella Mitigation Bank, or RES 2022 Phase II Umbrella Mitigation
Bank. Specific bank sites that may be debited are Buffalo Branch, Selma Mill, Cedar Grove, Hatley,
Bucher, Hannah Bridge, Stone Creek, Meadow Spring, Uzzle, Poplar Creek, Polecat, Wolf King and
Thunder Swamp Phase II Bank (Mitigation Provider) to satisfy the mitigation requirements set forth in
the Buffer Authorization with Exception issued to Sound Timber Management LLC, dated June 30, 2023
as provided in the table below.
Compensatory Mitigation River and 8-digit HUC Number
Neuse Buffer 61,308 square feet (credits) Neuse / 03020201
The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then
sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the
Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy
of this form and the mitigation transfer certificate is submitted to the Division before conducting any of
the authorized impacts.
The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been
released and are available at the identified bank site(s). By signing below, the Mitigation Provider is
accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no
more than 25 percent of the total mitigation required by Division can be met through preservation,
unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature:
Date:
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINq
919.707.9000