20200624 Ver 1_Approval Letter_20200909

September 9, 2020
DWR # 20200624 v1
Wake County
Atlas Stark Holdings, LLC
Attn: Mr. Robert S. Adams, III
911 N. West Street
STE 201
Raleigh, NC 27603

Subject: Buffer Authorization with Major Exception for Neuse River Riparian Buffer Impacts
with Additional Conditions (15A NCAC 02B .0714)
Galahad Drive Medical Office Building

Dear Mr. Adams:

You have our approval for the impacts listed below for the purpose described in your application dated
May 9, 2020, received by the Division of Water Resources (Division) May 9, 2020, with subsequent
information received on June 22, 2020. This request was Public Noticed on August 5, 2020 pursuant to
15A NCAC 02B .0611. This letter shall serve as your Authorization Certificate with Major 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. 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 approval requires you to follow the conditions listed below:

1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Neuse River Riparian Buffer Rules are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B .0611, 15A NCAC 02B .0714]

Type of Impact

Amount Approved (units)
Permanent
Amount Approved (units)
Temporary

Buffers – Zone 1 17,174 (square feet) 0 (square feet)
Buffers – Zone 2 9,389 (square feet) 0 (square feet)

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.

Galahad Drive MOB – Major Exception
DWR # 2020-0624v1
Wake County
Page 2 of 3

3. Compensatory Mitigation Plan
Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the Resource Environmental Solutions (RES) dated May
21, 2020 to meet the buffer mitigation requirement. Until RES 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 these entities to meet the following compensatory mitigation requirement [15A NCAC
02B .0611(b)(1)(i), 15A NCAC 02B .0714(12)]:

Compensatory Mitigation Required River and Sub-basin Number
Riparian Buffer 65,605.05 (square feet) Neuse
03020201

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 the Authorization with
Exception. 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 approval letter and is responsible for complying with all conditions. [15A NCAC 02B
.0714(b)(2)]

5. This approval grants permission to the director, an authorized representative of the Director, or
DEQ staff, upon the presentation of proper credentials, to enter the property during normal
business hours. [15A NCAC 02B .0611]

This approval and its conditions are final and binding unless contested.

This Authorization Certificate with Major Exception can be contested as provided in General Statute 150B
by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH) within sixty (60).

A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk’s
Office at [phone] for information. 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 [phone], 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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc):

Galahad Drive MOB – Major Exception
DWR # 2020-0624v1
Wake County
Page 3 of 3

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

One (1) copy of the petition must also be served to 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 for the Neuse River Riparian Buffer Rules as described in
15A NCAC .0714 and 15A NCAC 02B .0611. Please contact me at [e-mail] if you have
any questions or concerns.

Sincerely,

Paul Wojoski, Supervisor
401 & Buffer Permitting Branch

cc: Bob Zarzecki, Soil and Environmental Consultants (via email)
W. Dwight Graham, Property Owners’ Agent (via email)
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File Name: 20200624v1GalahadDriveMOB(Wake)_NRB_EXCEPTION