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
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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)