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Home My WebLink About20220263 Ver 1_Revised Approval Letter_20220414 North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 April 14, 2022 DWR # 20220263 revised Wake County Anthony Thomas 9328 Tabriz Point Raleigh, NC 27614 (via email athomas90@gmail.com) Subject: AFTER-THE-FACT APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS EXCEPTION (MINOR VARIANCE) WITH ADDITIONAL CONDITIONS Thomas: 9328 Tabriz Point, Raleigh Dear Mr. Thomas: You have our approval for the impacts listed below for the purpose described in your application received by the N.C. Division of Water Resources (Division) on February 15, 2022 with additional information received on April 11, 2022. 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 revised Authorization Certificate DWR #20220263 replaces the Authorization Certificate DWR # 20220263 dated April 8, 2022. 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 2 B1: Structure 232 (square feet) 0 (square feet) DocuSign Envelope ID: 91FEC664-999F-48DA-B10C-4E24E69B533D North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 Thomas: 9328 Tabriz Point, Raleigh DWR# 20220263 revised Buffer Authorization Certificate Page 2 of 3 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 II, LLC, from the WEI-Neuse 01 Nutrient Offset & Buffer Bank to meet this mitigation requirement. The specific bank site to be debited will be the Buck Swamp Parcel located in HUC 03020201. Until Wildlands Holdings II, LLC receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Certification shall occur. For accounting purposes, this Certification authorizes payment to Wildlands Holdings II, LLC to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Required Bank Sponsor River & Sub-basin Number Buffer-Zone 2 348 (square feet) Wildlands Holdings, II, LLC 03020201-Outside Falls Lake Watershed Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state’s antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. 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 with Minor Exception 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. DocuSign Envelope ID: 91FEC664-999F-48DA-B10C-4E24E69B533D North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 Thomas: 9328 Tabriz Point, Raleigh DWR# 20220263 revised Buffer Authorization Certificate Page 3 of 3 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 stephanie.goss@ncdenr.gov or 919-791-4256 if you have any questions or concerns. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: DWR 401 & Buffer Permitting via Laserfiche DocuSign Envelope ID: 91FEC664-999F-48DA-B10C-4E24E69B533D