20221796 Ver 1_More Info Requested_20230217

DocuSign Envelope ID: E5B526C8-42C5-455A-B69A-ODEFE9A83AOC
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
February 17, 2023
DWR # 20221796
Wake County
Sound Timber Management LLC
Attn: Mr. Glenn Bagwell, Jr., Manager
333 Sherwee Dr
Raleigh NC 27603
Delivered via email to [e-mail]
Subject: REQUEST FOR ADDITIONAL INFORMATION for EXCEPTION TO NEUSE BUFFER RULES
Project Ocean — Commercial Warehouse Project
Dear Mr. Bagwell:
On December 22, 2022, the Division of Water Resources (Division) received an application from Sound
Timber Management LLC requesting a Buffer Authorization Certificate with Exception from the Division
for the subject project.
The Neuse River Buffer Rules lay out a rigorous criteria for obtaining an Authorization Certificate with
Exception to impact protected buffers from undesignated activities. The Division must find that the
applicant has met the hardship criteria, specified in 15A NCAC 02b .0611(c)(1), prior to putting the
application and preliminary Findings of Fact, out to Public Notice [NCAC 02b .0611(c)(3)]. Your
application is on -hold until all of the following information is received:
1. Per 15A NCAC 02B .0611(c)(1)(C), "If the applicant complies with the provisions of this Rule, he
or she can secure no reasonable return from, nor make reasonable use of, his or her property."
a. From the application materials, it appears that the only use being contemplated by the
prospective purchaser is construction of two distribution facilities of specific
sizes/designs. The specific use and design proposed by the applicant is inconsistent with
the spirit and intent of the rule and the Division's long-standing implementation of the
rule. Please address why construction of a these two specifically sized distribution
facilities is the only reasonable use of the property.
b. From the application materials, the warehouse distribution facilities is based on a
specific size, however no details are provided regarding the type of tenants, needs of
tenants or whether specific tenants have agreed to lease the proposed facilities. The
applicant indicates that occupant safety and movement of vehicular traffic is essential,
however, there is no explanation as to why the specifically sized distribution facilities
are the only point at which the applicant can secure a reasonable return from the
property. The applicant states that the project is "not financially viable due to land and
GDEQ�i
NORTH C OLI JA
oep.m.m oremrnment Want-
,
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: E5B526C8-42C5-455A-B69A-ODEFE9A83AOC
Project Ocean Warehouse Development
DWR# 20221796
Request for Additional Information
Page 2 of 3
infrastructure costs that are required to develop this site" Please provide more
detailed information supporting this statement and documenting that the current
design is the minimum possible deviation from the terms of this Rule that shall make
reasonable use of the property possible."
2. Per 15A NCAC 02B .0611(c)(1)(D), the applicant must demonstrate that they did not cause the
hardship.
a. As stated in the applicant, the applicant was aware of streams that were subject to the
Neuse Buffer rule prior to the development of a site plan. Under those circumstances,
please explain how the applicant can demonstrate that the applicant did not cause the
hardship when the site plan was developed after the knowledge of the buffer rule
limitations on the site.
Pursuant to 15A NCAC 02B .0611, the applicant shall furnish all of the above requested information for
the proper consideration of the application. Please respond in writing within 30 calendar days of receipt
of this letter by submitting all of the above requested information through this link:
https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the link
is referenced above). Please note that as a Major Exception request, this review will require a 30-day
public notice period upon receipt of the additional information (15a NCAC 02b .0611 (c)(3)).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package.
Please be aware that you have no authorization under the Buffer Rules for this activity and any work
done within waters of the state may be a violation of North Carolina General Statutes and
Administrative Code.
Please contact Sue Homewood at 336-813-1863 or [e-mail] if you have any
questions or concerns.
D_E
NORTH CAROLINA
gaparNrM of Environmental quay
Sincerely,
DocuSigned by:
"-A43C72700BD543E...
Katie Merritt, Acting Supervisor
401 & Buffer Permitting
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: E5B526C8-42C5-455A-B69A-ODEFE9A83AOC
Electronic cc: Jeff Harbor, Terracon
DWR 401 & Buffer Permitting Branch file
DE
NORTH CAROLINA
gaparhneM of Environment,/quay
Project Ocean Warehouse Development
DWR# 20221796
Request for Additional Information
Page 3of3
Filename: 20221796_Project Ocean_Wake_Addlnfo.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000