HomeMy WebLinkAbout20230093 Ver 1_Buffer Approval Letter_20230220DocuSign Envelope ID: 044DA2BA-234D-462B-90DA-B160C485AFB0
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Jeff Grote
Green Property Investments, LLC
7201 Creedmoor Road
Suite 140
Raleigh, NC 27613
(greenpointe84@gmail.com)
NORTH CAROLINA
Environmental Quality
February 20, 2023
DWR #20230093
Franklin County
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Project: Greenbrook Subdivision, Franklin County
Dear Mr. Grote:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) on January 18, 2023. These impacts are covered
by the Neuse 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.
The following impacts are hereby approved, provided that all of the Conditions listed below and all of
the conditions of the Neuse Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B.0611(b)(2)]
Neuse Riparian Buffer Impacts
Stream
Zone 1 Impact
(sq ft)
Zone 1 Buffer Mitigation
Required (using 3:1 ratio)
Zone 2 Impact
(sq ft)
Zone 2 Buffer Mitigation
Required (using 1.5:1 ratio)
SD
8610
N/A
4406
N/A
SA
1383
N/A
875
N/A
SC
0
N/A
813
N/A
Totals
9996
0
6094
0
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 16090 square feet.
GDE
NORTH C OLI JA '
omm mr� ep..of o�.i
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: 044DA2BA-234D-462B-90DA-B160C485AFB0
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 DWR 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 DWR 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.
Additional Conditions:
1. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities,
unless otherwise approved by this certification. [15A NCAC 023.0714].
2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated
with non -woody species by the end of the growing season following completion of construction. For the
purpose of this condition, maintained buffer areas are defined as areas within the transportation
corridor that will be subject to regular Transportation corridor maintenance activities including mowing.
The area with non -maintained buffers shall be permanently revegetated with native woody species
before the next growing season following completion of construction. [15A NCAC 023.0714].
3. Pursuant to 15A NCAC 26.0714, sediment and erosion control devices shall not be placed in Zone 1 of
any Neuse Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no
sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on
this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers
provided that Zone 1 is not compromised and that discharge is released as diffuse flow.
4. Native riparian vegetation (i.e., trees and shrubs native to your geographic region) must be
reestablished in the riparian areas within the construction limits of the project by the end of the growing
season following completion of construction. [15A NCAC 026.0714] & [15A NCAC 02B.0506(b)(2)]
5. As stated in your application, the permittee shall receive approval of the Stormwater Management
Plan by the appropriate locally delegated authority, prior to initiating any of the approved impacts in this
Approval. Permittee shall forward a copy of that approval to NCDWR to affirm this condition has been
met.
D_E
NORTH CARCLINA
gaparNrM of Environmental quay
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: 044DA2BA-234D-462B-90DA-B160C485AFB0
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 150E 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.
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 Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in
15A NCAC 02B.0714. Please contact Rob Ridings at rob.ridings@ncdenr.gov or 919-707-8786 if you have
any questions or concerns.
Sincerely,
1-DocuSigned by:
"- 9C9886312DCD474_.
Richard E. Rogers, Jr., Director
Division of Water Resources
Cc: Sean Clark, Sage Ecological Services (sclark@sageecological.com)
Jean Gibby, US Corps of Engineers, Raleigh Field Office (Jean.B.Gibby@usace.army.mil)
File Copy
D_E
NORTH CAROLINA
gaparhneM of Environment,/quay
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