HomeMy WebLinkAbout20081063 Ver 2_Approval Letter_20230201 (2)DocuSign Envelope ID: CB4CF32D-CAr)r A )rA-Qrrr, 10F97AE08CB6
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARI) E. ROGERS, JR.
Director
February 1, 2023
Landeavor, LLC
Attn: David Mason
105 E. Waxhaw Professional Park Dr.
Waxhaw, NC 28273
(via email: masonglandeavor.com)
NORTH CAROLINA
Environmental Quality
DWR # 20081063 V2
Wake County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS
WITH ADDITIONAL CONDITIONS
River Towne
Dear David Mason:
You have our approval for the impacts listed below for the purpose described in your application
dated November 22, 2022, received by the Division of Water Resources (Division) November
22, 2022, and with payment received November 23, 2022, and additional information received
January 20, 2023. 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 401 Water Quality Certification Approval
DWR#20081063 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
B3: Utility Line - Sewer
746 (square feet)*
0 (square feet)
B4: Greenway Crossing
1,210 (square feet
0 (square feet
B5: Road Crossing
10,149 (square feet)*
0 (square feet)
B5A: Road Crossing - Construction
0 (square feet)
600 (square feet)
B8: Utility Line - Sewer
495 (square feet)*
0 (square feet
B10: Utility Crossing - Construction
0 (square feet)
866 (square feet)
B 12: Utility Line - Sewer
3,414 (square feet)*
0 (square feet
D � � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NOa'n C,aR 4i 91^ 919.791.4200
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DocuSign Envelope ID: CB4CF32D-CA06-42FA-BF55-10F97AE08CB6 River Towne
DWR# 20081063 V2
Buffer Authorization Certificate
Page 2 of 4
B14: Utility Line - Sewer
697 (square feet)*
0 (square feet)
B 15: Utility Line - Sewer
854 (square feet)*
0 (square feet
B14: Utility Line - Sewer
978 (square feet)*
0 (square feet)
B 18: Road Crossing
12,739 (square feet)*
0 (square feet
B 19: Road Widening
473 (square feet)
0 (square feet)
Buffers — Zone 2
B4: Greenway Crossing
807 (square feet)
0 (square feet)
B5: Road Crossing
6,047 (square feet)*
0 (square feet)
B5A: Road Crossing - Construction
0 (square feet
41 (square feet
B8: Utility Crossing
5,404 (square feet)
0 (square feet)
B10: Utility Crossing - Construction
0 (square feet
419 (square feet
B18: Road Crossing
5,461 (square feet)*
0 (square feet)
B19: Road Widening
535 (square feet)
0 (square feet)
*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(s) Wildlands
Holdings III, LLC & Wildlands Holdings V, LLC [hereby known as Bank Sponsor(s)] for use of
the following mitigation banks: Anderson Farm, Black Dirt, Cox Pond, Falling Creek, Grantham
Branch, Little River Weaver, Long Pond, Moccasin Creek, O'Berry Road, Rosewood, Sassarixa
Swamp II, Thoroughfare Swamp, Catfish Pond II, Perry Hill II, and Wolfe Mitigation Bank
Parcels. Until the Bank Sponsor(s) 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 the Bank Sponsor(s) to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (c)]:
Compensatory
Bank Sponsor
River & Sub -basin Number
Mitigation Required
Buffer -Zone 1
90,216 (square feet)
Wildlands Holdings III,
Neuse: 03020201
(3:1 ratio)
[30,072 sgftx 31
LLC & Wildlands
Holdings V, LLC
Buffer -Zone 2
17,262 (square feet)
Wildlands Holdings III,
Neuse: 03020201
(1.5:1 ratio)
[11,508sgftx 1.51
LLC & Wildlands
Holdings V, LLC
Total:
107,478.00 (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.
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH cARO. iI 4 ^ 919.791.4200
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DocuSign Envelope ID: CB4CF32D-CA06-42FA-BF55-10F97AE08CB6 River Towne
DWR# 20081063 V2
Buffer Authorization Certificate
Page 3 of 4
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] 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
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
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 15013-23(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
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CARP, iI.A
o�.m.MmE— sift. \ �/ 919.791.4200
DocuSign Envelope ID: CB4CF32D-CA06-42FA-BF55-10F97AE08CB6 River Towne
DWR# 20081063 V2
Buffer Authorization Certificate
Page 4 of 4
prescriptive or other right of priority with respect to any other consumptive user regardless of the
quantity of the withdrawal or the date on which the withdrawal was initiated or expanded.
This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as
described in 15A NCAC 02B .0714. Please contact Zach Thomas at 919-791-4255 or
zachary.thomas(cr�,ncdenr.gov if you have any questions or concerns.
Sincerely,
DocuSigned by:
Uaan t,ssa f. Nt aan ut 1, Fov
82916E6A632144F...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Rick Trone, WithersRavenel (via email: rtronckwithersravenel.com)
DWR 401 & Buffer Permitting via Laserfiche
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH cARO. iI 4 ^ 919.791.4200
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