20150739 Ver 2_11_Corners Pha 1_BA Approval Ltr_20191022

AT&AA
WDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 5, 2015
Seventy West, LLC
Attn: Carlton Ashby
10500 Glenwood Ave.
Raleigh, NC 27603
Creekwood Highway 70 Alexander, LLC
Attn: Michael Tonti
4949 Westgrove Dr., Ste. 100
Dallas; TX 75248
Donald R. van der Vaart
Secretary
DWR # 15 -0739
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Corners at Brier Creek — Phase 1
Dear Messrs. Ashby and Tonti:
You have our approval for the impacts listed below for the purpose described in your
application dated July 24, 2015 and received by the Division of Water Resources (Division) on
July 24, 2015. 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
Certificate shall expire five (5) years from the date of.this letter.
This approval requires you to comply with the following conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Buffer Rules are met. No other impacts are approved, including
incidental impacts [15A NCAC 02B. 0233(8)].
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http: / /portal.ncdenr.org /web /wq /aps
1628 Mail Service Center; Raleigh, NC 27699 -1628 Phone: [phone]
Location: 3800 Barrett Drive; Raleigh, NC 27609 Fax: [phone]
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
Corners at Brier Creek — Ph. 1
DWR# 15 -0739
BUFFER APPROVAL
Page 2 of 4
Type of Impact Amount IApproved Amount Approved
units) (units)
Permanent Temporary
Buffers —Zone 1 133 (square feet) 0 (square feet)
Road
Buffers — Zone 2 422 (square feet) 0 (square feet)
Road
Buffers —Zone 1 87 (square feet) 0 (square feet)
Stormwater Outfall
Buffers — Zone 2 0 (square feet) 0 (square feet)
Stormwater Outfall
2. Mitigation Using Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from Wildland Holdings' WEI — Neuse 01 Nutrient
Offset and Buffer Umbrella Bank — Buck Swamp Parcel and /or Caraway Creek to meet this
mitigation requirement. Until Wildland Holdings 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 Wildland Holdings to meet the following compensatory mitigation
requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation River and Sub-
Required basin Number
Riparian Buffer 1,032 (square feet) Neuse 03020201
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre- Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0501
and .0502].
4. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
Corners at Brier Creek — Ph. 1
DWR# 15 -0739
BUFFER APPROVAL
Page 3 of 4
the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H
0507 (c)]
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 the Buffer
Authorization. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this approval letter and is responsible for
complying with all conditions.
6. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWR -401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
Corners at Brier Creek.— Ph. 1
DWR# 15 -0739
BUFFER APPROVAL
Page 4 of 4
If sending via delivery service
e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B .0233. Please contact Cherri Smith at 919 - 791 -4251 or
Cherri.Smith @ncdenr.gov if you have any questions or concerns.
Si rely,
Danny Smith G
Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401 /Buffer Authorization file
Deborah Shirley; Soil & Environmental Consultants, PA; 8412 Falls of Neuse Rd., Ste.
104; Raleigh, NC 27615