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HomeMy WebLinkAbout20220212 Ver 1_Buffer Approval Letter_20220603DocuSign Envelope ID: D7DECB74-F4A6-4FDF-931F-C65C7F7E4915 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director June 3, 2022 Pulte Home Company, LLC ATTN: Chris Raughley 1225 Crescent Green Square, Suite 250 Cary, NC 27518 (via email Robert. rudloff@pultegroup.com) \f QaAri Na j NORTH CAROLINA Environmental Quality DWR # 20220212 Durham County Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Solana Dear Mr. Raughley: You have our approval for the impacts listed below for the purpose described in your application dated February 4, 2022, received by the Division of Water Resources (Division) February 4, 2022 with payment received February 9, 2022, and additional information received on the following dates: March 15, 2022; March 16, 2022; April 8, 2022; and 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 Authorization Certificate shall expire when the corresponding 401 Water Quality Certification Approval DWR#20220212 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 B 1: Utility Crossing 448 (square feet 0 (square feet 132: Road Crossing 6,929 (square feet 0 (square feet 133: Road Crossing 11,521 (square feet 0 (square feet 134: Road Crossing 6,978 s uare feet 0 (square feet 135: Utility Crossing 7,142 (square feet) 0 (square feet) Buffers — Zone 2 132: Road Crossing 4,424 (square feet 0 (square feet 133: Road Crossing 6,165 (square feet 0 (square feet 134: Road Crossing 4,462 s uare feet 0 (square feet 135: Utility Crossing 2,807 (square feet) 0 (square feet) NORTHCAROLINAD_E Q � oeiunmem a �.iromm�nmi ouaN.O.- � /� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: D7DECB74-F4A6-4FDF-931F-C65C7F7E4915 Solana DWR# 20220212 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 an acceptance letter from the approved Bank Sponsor Wildlands Holdings V, LLC and the North Fork Little River Nutrient Offset & Buffer Bank, located in HUC 03020201. Until the Bank Sponsor 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 Bank Sponsor to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Bank Sponsor River & Sub -basin Number Required Buffer -Zone 1 17,826 (square feet) Wildlands Holdings V, LLC Neuse: 0302020 1 -Upper Falls Lake Watershed Buffer -Zone 2 9,248 (square feet) Wildlands Holdings V, LLC Neuse: 0302020 1 -Upper Falls Lake Watershed Total: 27,074 s uare 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 [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. North Carolina Department of Environmental Quality I Division of Water Resources D E Q Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA oeprnmam or En.imnm Wl aum;\� 919.791.4200 DocuSign Envelope ID: D7DECB74-F4A6-4FDF-931F-C65C7F7E4915 Solana DWR# 20220212 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 Colleen Cohn at 919-791-4258 or Colleen. Cohnkncdenr. gov if you have any questions or concerns. Sincerely, EsDocuSigned by: off UIVUS61& BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Camden Brunick, Soil & Environmental Consultants (via email) Deborah Shirley, Soil & Environmental Consultants (via email) DWR 401 & Buffer Permitting Branch electronic file D E Q North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLINA 919.791.4200 oeprnmam or En.imn—Wl aum;\�