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)
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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 �
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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
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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:
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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
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