The URL can be used to link to this page

Home My WebLink About20051985 Ver 3_Undeliverable Mail_20140130AVA 43 SIR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary January 30, 2014 DWR # 05 -1985 v3 Wake County Standard Pacific of the Carolinas LLC Attn: Mr. Grey Methven 1600 Perimeter Park•Drive Ste 125 Morrisville, NC 27560 Subject: Buffer Mitigation Revision Request Seagrove's Farm Dear Mr. Methven: This Office is in receipt of your request to change the mitigation provider for your riparian buffer mitigation from the N.C. Ecosystem Enhancement Program to EBX Neuse 1, LLC. Based on the information provided on January 21, 2014, your request is hereby granted. Condition #4 is modified as follows: 4. Compensatory Mitigation Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Rudolph Mitigation Bank to meet this mitigation requirement. Until the Rudolph Mitigation Bank 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 the Rudolph Mitigation Bank to meet the following compensatory mitigation requirement: 4018 Buffer Permitting Unit 1650 Mail Service Center, Raleigh, North Carohna 27699 -1650 Location* 512 N Salisbury St Raleigh, North Carolina 27604 Phone 919. 807 -63001 FAX. 919807 -64941 Customer Service 1. 877 -623 -6748 Internet www nwaterquality org te Car olil��d "l,J Compensatory Mitigation Required River and Sub -basin Number Buffers 29,529 (square feet) I 03020201 4018 Buffer Permitting Unit 1650 Mail Service Center, Raleigh, North Carohna 27699 -1650 Location* 512 N Salisbury St Raleigh, North Carolina 27604 Phone 919. 807 -63001 FAX. 919807 -64941 Customer Service 1. 877 -623 -6748 Internet www nwaterquality org te Car olil��d "l,J DWR # 05 -1985 v3 1 -30 -14 Please be advised that all other conditions listed in the 401 Water Quality Certification Approval and Neuse Riparian Buffer Rule Authorization Certificate with Additional Conditions dated December 21, 2005 remain valid and are still applicable to this approval. Further, the Neuse Riparian Buffer Rule Authorization Certificate with Additional Conditions issued on February 16, 2013 remains valid. Contact me at 919- 807 -6364 or karen.higgins@ncdenr.gov if you have any questions or concerns. cc: Bob Zarzecki, S &EC (via email) USACE Raleigh Regulatory Field Office DWR RRO 401 files DWR 401 & Buffer Permitting Unit Sincerely, 4&VU 44PO4— Karen Higgins, Supervisor 401 & Buffer Permitting Unit Filename: 051985v35eagrovesFarm (Wake) 401_NRB_MOD STANDARD PACIFIC HOMES January 17, 2014 To: N.C. Division of Water Resources 401 & Buffer Permitting Unit Attn: Ms Karen Higgins 512 N. Salisbury Street Raleigh, NC 27604 Archdale Building - 9th floor FILE COPY Re: SEAGROVE'S FARM, Wake County, NC December 21, 2005 Approval — Request for 401 WQC Modification of Condition No. 4 S &EC 7416 / DWR ti 2005 -1985 Mrs. Merritt: On December 21, 2005, the N.C. Division of Water Quality (DWQ), now Division of Water Resources (DWR) issued an "Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 02B.0233) with Additional Conditions" for the Seagrove's Farms Subdivision development. The subdivision is now fully developed and neither Westfield Homes of the Carolinas, LLC nor Standard Pacific Homes of the Carolinas, LLC owns the property. One of the conditions of the December 21, 2005 approval was Condition No. 4 Compensatory Mitigation Using Ecosystem Enhancement Program (EEP) which required the purchase of buffer mitigation credits from EEP. Standard Pacific Homes satisfied this condition by purchasing the required credits from EBX Neuse 1, LLC, a private mitigation banker. This was done because at the time the credits were purchased the State policy gave priority to private bankers over EEP. We understand now that we should have first requested a change to Condition No. 4 of our DWR approval to satisfy this buffer mitigation requirement by using a private mitigation bank instead of EEP, prior to making this payment. As such, we are now requesting, after the fact, that Condition No. 4 be modified to allow for the purchase of these credits from EBX Neuse 1, LLC and not from EEP. Attached, Is a letter from EBX Neuse I, LLC stating they have the available riparian buffer credits needed to satisfy the buffer mitigation requirement of the subject 401 Water Quality Certification. Please don't hesitate to let me know if you need anything else. Sincerely, J .- Gray B. ethven Carolinas Division • Raleigh / Durham 1100 Perimeter Park Drive, Suite 112, Morrisville, NC 27560 I TEL 919.4655900 1 FAX 919.465.5901 1 wuw standardpaditchomes.com EBX Neuse Riparian Buffer Umbrella Mitigation Bank Rudolph Bank Site Statement of Availability January 16, 2014 NC Division of Water Resources U.S. Army Corps of Engineers Ms. Katie Merritt Mr. James Lastinger 401 Oversight /Express Permitting Unit Raleigh Regulatory Field Office 1650 Mail Service Center 3331 Heritage Trade Center, Suite 105 Raleigh, NC 27699 -1650 Wake Forest, NC 27587 Re Project: Seagrove's Farm Project This document confirms that Standard Pacific Homes of the Carolinas. LLC (Applicant) for the Seagrove's Farm Project has expressed an interest to utilize 29.529 Square Feet of Riparian Buffer Mitigation Credits from the EBX Neuse Riparian Buffer Umbrella Mitigation Bank /Rudolph Site, located in and approved to serve the Neuse HUC 03020201. As the Bank Sponsor for the Site, EBX attests to the fact that mitigation is available for transfer upon permit issuance at this time. Banker will notify applicant if the 29,529 Square Feet of Buffer Mitigation become considered "At Risk" of not being available prior to permit issuance. Credits are not considered secured until payment in full is received from the applicant resulting in the issuance of an Affidavit of Sale by the bank acknowledging that the applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits /units. The Banker will issue the Affidavit of Sale within three (3) days of receipt of the balance of the Purchase Price. Banker shall provide to Applicant with a copy of the Affidavit of Sale and a documented copy of the debit of credits from the Bank Official Credit Ledger(s) showing the permit number and the resource type secured by the applicant. A copy of the Affidavit of Sale, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 239 - 872 -1678 Best Regards ^44 k _ Matthew R. Fisher EBX -Neuse I, LLC 909 Capability Drive, Suite 3100, Raleigh, NC 27606 DEVR/Division of Water Quality US POSTAGE $ 0o . 480 1650 Mail Service Center `; JM 31 2014 Raleigh, NC 27699 -1650 `a k� 0801 1052791 FEB - 3 2014 STANDARD PACIFIC OF THE CAROLINAS LLC MR GREY METHVEN I 1600 PERIMFTF.R PARK-PR, MORRISVILLP OR.W -ARID TT IAS S XP RTN 78 • SEND ' : STANDARD -PACIFIC HOMES 1188 PERIMETER PARK DR STE 112 -MORRISVILLE NC 27SSB -9115 RETURN TO SENDER -27699#11:58