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Home My WebLink About20200504 Ver 2_Revised Approval Letter_20220527DocuSign Envelope ID: 6FE3BBBC-1914-46E7-8947-FA12A7AO8E5E ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director May 27, 2022 NORTH CAROLINA Environmental Quality DWR # 20200504 v2 - revised Wake County Triangle Town Center Holding, LLC Attn: Mark Tipton 2013 Rolling Rock Road Wake Forest, NC 27587 (via email mark.tipton@whistleinvestmentgroup.com) Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS The Pointe at Town Center Dear Mr. Tipton: You have our approval for the impacts listed below for the purpose described in your application dated November 17, 2021, received by the Division of Water Resources (Division) November 17, 2021, and payment received November 29, 2021, with additional information received on January 16, 2022. This Certification replaces the Certification issued on February 18, 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 Authorization shall expire when the corresponding Water Quality Certification Approval DWR #20200504 v2 expires. 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 B1: Crossing/Culvert/ Bride 9,550 s are feet 0 (square feet 132: Crossing/Culvert/ Bride 7,400 (square feet 0 (square feet 133: Utility Lines 1,250 (square feet 0 (square feet Buffers — Zone 2 B1: Crossing/Culvert/ Bride 6,350 s are feet 0 (square feet 132: Crossing/Culvert/ Bride 5,400 (square feet 0 (square feet 133: Utility Lines 950 (square feet 0 (square feet D - E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA o.Pemm.ntoiemlroameowlaual,ty4% /`� 919.791.4200 DocuSign Envelope ID: 6FE3BBBC-1914-46E7-8947-FA12A7AO8E5E The Pointe at Town Center DWR# 20200504 v2 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 V, LLC and the North Fork Little River Nutrient Offset & Buffer Bank, the Catfish Pond II Mitigation Bank, and the Perry Hill II Mitigation Bank to meet this mitigation requirement located in HUC 03020201. Until Wildlands Holdings V, 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 V, LLC to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Bank Sponsor River & Sub -basin Required Number Buffer -Zone 1 28,650 (square feet) Wildlands Holding V, LLC Neuse: 03020201-Upper Falls Watershed Buffer -Zone 2 9,525 (square feet) Wildlands Holding V, LLC Neuse: 03020201-Upper Falls Watershed Total: 38,175 (square feet) 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 [I 5A 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] Upon the presentation of proper credentials, the Division may inspect the property. 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 htlp://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. DocuSign Envelope ID: 6FE3BBBC-1914-46E7-8947-FA12A7AO8E5E The Pointe at Town Center DWR# 20200504 v2 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 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 150B-23(a). This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Authorization Certificate shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user. This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Colleen Cohn at Colleen.CohnAncdenr.gov or 919-791-4258 if you have any questions or concerns. Sincerely, EDocu Signed by: suwsm To' D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Kevin Martin, Soil & Environmental Consultants, PA (via email) Lyle Phillips, USACE Raleigh Regulatory Field Office (via email) DWR 401 & Buffer Permitting via Laserfiche