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HomeMy WebLinkAbout20201653 Ver 1_Buffer Approval Letter_20210317DocuSign Envelope ID: 9C29E3F0-CFAC-4284-A525-3A706CE1AC6A ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director March 17, 2021 Clayton Properties Group, Inc. Attn: Chris Simmering 2521 Schieffelin Road, Suite 116 Apex, INC 27502 �ueo NORTH CAROLINA Environmental Quality DWR # 20201653 Wake County Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS 1001 Olive Branch Road Subdivision Dear Mr. Simmering: You have our approval for the impacts listed below for the purpose described in your application dated January 15, 2021 received by the Division of Water Resources (Division) January 15, 2021 and payment received January 20, 2021 with additional information received on February 21, 2021. 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 B18: Sewer Crossing 1,616 (square feet) 0 (square feet) B19: SCM Outfall 755 (square feet) 0 (square feet) B20: Sewer Crossing 4,277 (square feet) 0 (square feet) B21: Sewer Crossing 1,915 (square feet) 0 (square feet) B22: Road Crossing 8,838 (square feet) 0 (square feet) B23: SCM Outfall 268 (square feet) 0 (square feet) B24: Road Crossing 6,286 (square feet) 0 (square feet) B25: Road Crossing 11,460 (square feet) 0 (square feet) B26: Sewer Crossing 2,340 (square feet) 0 (square feet) B30: Utility Line -Water Main 1,017 (square feet) 0 (square feet) DE Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CARou NA - uePemeeec m ee�o-ee"'e J o.ari /� 919.791.4200 DocuSign Envelope ID: 9C29E3F0-CFAC-4284-A525-3A706CE1AC6A 1001 Olive Branch Road Subdivision DWR# 20201653 Buffer Authorization Certificate Page 2 of 3 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary B31: Utility Line -Water Main 1,013 (square feet) 0 (square feet) B35: SCM Outfall 523 (square feet) 0 (square feet) B36: SCM Outfall 672 (square feet) 0 (square feet) B39: SCM Outfall 897 (square feet) 0 (square feet) Buffers — Zone 2 B17: Sewer Crossing 2,560 (square feet) 0 (square feet) B18: Sewer Crossing 1,311 (square feet) 0 (square feet) B19: SCM Outfall 774 (square feet) 0 (square feet) B20: Sewer Crossing 3,450 (square feet) 0 (square feet) B21: Sewer Crossing 1,222 (square feet) 0 (square feet) B22: Road Crossing 5,598 (square feet) 0 (square feet) B23: SCM Outfall 466 (square feet) 0 (square feet) B24: Road Crossing 6,300 (square feet) 0 (square feet) B25: Road Crossing 7,358 (square feet) 0 (square feet) B26: Sewer Crossing 1,494 (square feet) 0 (square feet) B31: Utility Line -Water Main 4 (square feet) 0 (square feet) B35: SCM Outfall 425 (square feet) 0 (square feet) B36: SCM Outfall 495 (square feet) 0 (square feet) B37: SCM Outfall 178 (square feet) 0 (square feet) B38: Greenway 1,885 (square feet) 0 (square feet) B39: SCM Outfall 739 (square feet) 0 (square feet) B40: Walking Trail 527 (square feet) 0 (square feet) Additional Conditions: 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 Wildlands Holdings V, LLC-Catfish Pond II Mitigation Bank Instrument to meet this mitigation requirement. The specific bank site to be debited will be Catfish Pond II Bank Parcel located in HUC 03020201. Until Wildlands V, LLC 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 Wildlands Holding V, LLC to meet the following compensatory mitigation requirement [15A NCAC 02H Compensatory Mitigation Bank Sponsor River & Sub -basin Number Required Buffer- 47,211 (square feet) Wildlands Holding V, LLC Neuse: 03020201-In Falls Lake Zone 1 Watershed Buffer- 11,037 (square feet) Wildlands Holding V, LLC Neuse: 03020201-Not n Falls Zone 2 Lake Watershed Total: 58,248 (square feet) DocuSign Envelope ID: 9C29E3F0-CFAC-4284-A525-3A706CE1AC6A 1001 Olive Branch Road Subdivision DWR# 20201653 Buffer Authorization Certificate Page 3 of 3 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. 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 Stephanie Goss at 919-791-4256 or Stephanie.Goss@ncdenr.gov if you have any questions or concerns. Sincerely, Docu Signed by: Sett Ul�w 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 Troy Beasley, WithersRavenel (via email)