The URL can be used to link to this page

Home My WebLink About20210371 Ver 2_Approval Letter_20230418 (2) April 17, 2023 DWR # 20210371 V2 Wake County Leoterra Wendell Development, LLC Attn: Christopher Lyons 110 Shields Park Drive, Suite A Kernersville, NC 27284 (via email kat.lyons@leoterradevelopment.com) Subject: APPROVAL of NEUSE RIVERRIPARIAN BUFFER IMPACTS WITH ADDDITIONAL CONDITIONS Jake May Drive Property (Fairway Crossing Subdivision) Dear Christopher Lyons, You have our approval for the impacts listed below for the purpose described in your application dated received by the Division of Water Resources (Division) December 21, 2022 and additional information received January 26, 2023, February 15, 2023,and April 14, 2023. These impacts are covered by the Neuse RiverRiparianBuffer Rules andthe conditions listed below. This Buffer Authorization does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and/or Stormwater regulations. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the Neuse RiverRiparianBuffer Rules are met. No other impacts are approved, including incidental impacts. \[15A NCAC 02B.0611(b)(2)\] Type of ImpactAmount Approved (units)Amount Approved Mitigation Permanent(units)Amount TemporaryRequired Buffers Zone 1 B1 (Impact 1): Road Crossing 3,286(square feet)0 (square feet)0 credits B2 (Impact 1): Greenway3,272(square feet)0 (square feet)0 credits B3(Impact 3): Greenway4,643(square feet)0 (square feet)0credits B5 (Impact 5): Road Crossing1,981(square feet)0 (square feet)0credits Buffers Zone 2 B1 (Impact 1): Road Crossing3,167(square feet)0 (square feet)0 credits B2 (Impact 1): Greenway 6,362(square feet)0 (square feet)0 credits B3 (Impact 3): Greenway 7,736(square feet)0 (square feet)0credits B4 (Impact 4): SCM/Greenway5,794(square feet)0 (square feet)0credits B5 (Impact 5): Road Crossing4,228(square feet)0 (square feet)0credits B6 (Impact 5): Road Fill 202 (square feet)0 (square feet)303credits North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 Jake May Drive DWR# 20210371V2 Buffer Authorization Certificate Page 2of 3 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 RaleighRegional 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 RaleighRegional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules \[15A NCAC 02B.0611(b)(2)\]. 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.Mitigation must be provided for the proposed impacts as specified in the table below. The attached Compensatory Mitigation Responsibility Acceptance Form shall be completed and provided to the Division prior to anyimpacts occurring. If the Mitigation Provider specified on the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then the Permittee shall request a revised Compensatory Mitigation Responsibility Acceptance Form from the Division prior to conducting any impacts. Compensatory Mitigation RequiredRiver and Sub-basin Number Neuse River 303square feet (credits)Neuse River / 03020201 Riparian Buffer This approval and its conditions are final and binding unless contested. \[G.S. 143-215.5\] Upon the presentationof 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/ 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, GeneralCounsel 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 150B-23(a). North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 Jake May Drive DWR# 20210371V2 Buffer Authorization Certificate Page 3of 3 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 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 Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20210371V2expires. NeuseRiparian Buffer Rules as described in 15A NCAC 02B.0611(b)(2). Please contact Zach Thomasat 919-791-4255or zachary.thomas@ncdenr.govif you have any questions or concerns. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc:Kim Hamlin, Sage Ecological(via email: khamlin@sageecological) DWR 401 & Buffer Permitting Branch electronic file North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200