20081063 V3_Rivertowne_NBR_Wake_MRT.docx.pdf

DocuSign Envelope ID:B78DDF13-2A42-4BA5-80BA-6AB0382A6E4B
a�t STATE
ti
ROY COOPER
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
January 19, 2024
DWR#20081063 V3
Wake County
Landeavor, LLC
Attn: David Mason
105 E.Waxhaw Professional Park Dr.
Waxhaw, NC 28273
Delivered via email to: [e-mail]
Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL
CONDITIONS
Project: Rivertowne Subdivision
Dear David Mason:
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) November 16, 2023, and additional
information January 19, 2024.These impacts are covered by the Neuse Buffer Rules and the conditions
listed below.This Authorization Certificate replaces the Authorization issued on February 1, 2023.This
Certification is being issued pursuant to a modification request submitted on November 16, 2023,to
update impacts and plans related to modifications to a road crossing and sewer alignment to allow for a
reduction in impacts.
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, provided that all of the Conditions listed below, and all of
the conditions of the Neuse Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0611(b)(2)]
Type of Impact Amount Approved Amount Approved Mitigation
(units) (units) Amount
Permanent Temporary Required
Buffers—Zone 1
133: Road Crossing 0 (square feet) 1,331 (square feet) 0 (credits)
� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
919.791.4200

DocuSign Envelope ID:B78DDF13-2A42-4BA5-80BA-6AB0382A6E4B
Rivertowne
DWR# 20081063 V3
Buffer Authorization Certificate
Page 2 of 5
134: Road Crossing 8,475 (square feet) 0 (square feet) 0 (credits)
135: Road Crossing 0 (square feet) 581 (square feet) 0 (credits)
136: Greenway Trail 1,210 (square feet) 0 (square feet) 0 (credits)
B11: Sewer Line Crossing 583 (square feet) 0 (square feet) 1,749 (credits)
—Parallel
B12: Sewer Line Crossing 16 (square feet) 0 (square feet) 48 (credits)
—Parallel
B27: Sewer Line Crossing 655 (square feet) 0 (square feet) 1,965 (credits)
—Parallel
B28: Road Crossing 0 (square feet) 1,078 (square feet) 0 (credits)
B29: Road Crossing 9,001 (square feet) 0 (square feet) 0 (credits)
B30: Road Crossing 0 (square feet) 847 (square feet) 0 (credits)
B35: Sewer— 0 (square feet) 2,020 (square feet) 0 (credits)
Construction Easement*
Totals: 19,940(square feet) 5,857(square feet) 3,762(credits)
Buffers—Zone 2
133: Road Crossing 0 (square feet) 471 (square feet) 0 (credits)
134: Road Crossing 5,408 (square feet) 0 (square feet) 0 (credits)
135: Road Crossing 0 (square feet) 83 (square feet) 0 (credits)
136: Greenway Trail 807 (square feet) 0 (square feet) 0 (credits)
B28: Road Crossing 0 (square feet) 185 (square feet) 0 (credits)
B29: Road Crossing 4,914(square feet) 0 (square feet) 0 (credits)
B30: Road Crossing 0 (square feet) 701 (square feet) 0 (credits)
Totals: 11,129(square feet) 1,440(square feet) 0(credits)
*See Condition#2.
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.07141. 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:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Transfer Forms shall be completed and
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!!/// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
�f 919.791.4200

DocuSign Envelope ID:B78DDF13-2A42-4BA5-80BA-6AB0382A6E4B
Rivertowne
DWR# 20081063 V3
Buffer Authorization Certificate
Page 3 of 5
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. [15A NCAC 02B .0295; 15A NCAC
02B .0267(13) .0734(12)]
Compensatory Mitigation Required River and Sub-basin Number
Neuse Buffer 3,762 square feet(credits) Neuse River Basin/3020201
(Outside Falls Lake Watershed)
2. The Permittee shall replant the vegetation within temporarily disturbed areas associated with
this project in an "in kind" manner immediately following construction. (Example: Disturbed
areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-
existing trees or woody vegetation must be replanted with trees and woody vegetation.
Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation
including at least two different native hardwood tree species at a density sufficient to provide
260 trees per acre at maturity. This density can usually be achieved by planting approximately
436 (10 x 10 spacing)to 681 (8 x 8 spacing)trees per acre.) Restoration of trees/shrubs/forest
must be completed by the first subsequent planting season (November 1 through March 30).
Note, if the tree plantings do not survive,they will need to be replaced such that the density is
sufficient to provide 260 trees per acre at maturity. [15A NCAC 02H .0507(c), 15A NCAC
02H .0506(b)(3), and 15A NCAC 02B .0714(11)(ee), (ff)]
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 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
!!!/// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
oawnmeniofEA,n Uioaai� / 919.791.4200

DocuSign Envelope ID:B78DDF13-2A42-4BA5-80BA-6AB0382A6E4B
Rivertowne
DWR# 20081063 V3
Buffer Authorization Certificate
Page 4 of 5
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 when the corresponding 401 Water Quality Certification Approval
DWR#20081063 V3 expires.
This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A
NCAC 02B.0714. Please contact Zach Thomas at 919-791-4255 or [e-mail] if you
have any questions or concerns.
Sincerely,
ocuSigned by:
E�D
0, -e.
2916E6AB32144F...
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Electronic cc: Rick Trone,Withers Ravenel ([e-mail])
Laserfiche
Filename: 20081063 V3 Rivertowne NBR Wake MRT.docx
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
MbfEM,��iosi� �f 919.791.4200

DocuSign Envelope ID:B78DDF13-2A42-4BA5-80BA-6AB0382A6E4B
a�t STATE
ti
ROY COOPER
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
January 19, 2024
Permittee: David Mason and Landeavor, LLC DWR Project#20081063 V3
Project Name: Rivertowne County: Wake
The Division has received a Statement of Availability(SOA)from EBX-Neuse 1, LLC and Environmental
Blanc & Exchange, LLC for EBX-Neuse 1 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, and RES 2022 Phase II Umbrella Mitigation Bank to satisfy the mitigation
requirements set forth in the Buffer Authorization Certificate issued to David Mason and Landeavor, LLC,
dated January 19, 2024 as provided in the table below. Specific bank sites that will be debited are as
follows: Bucher, Selma Mil, Hannah Bridge, Meadow Spring, Polecat, Stone Creek, Poplar Creek, Uzzle,
Shady Grove, Wolf King,Thunder Swamp II, and Caraway Bluff II.
Compensatory Mitigation Required River and Sub-basin Number
Neuse Buffer 3,762 square feet(credits) Neuse River Basin/3020201
(Outside Falls Lake Watershed)
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. (15A
NCAC 02H. 0295).
Signature Authority Name (print):
Signature: Date:
� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
919.791.4200