HomeMy WebLinkAbout20221460 Ver 1_Approval Letter_20230424 (2)DocuSign Envelope ID: A3EC8996-4075-40F8-AB9B-693C13l l38E0
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 24, 2023
DWR # 20221460
Wake County
Vision Hospitality Group Inc
Attn: Mr. Brian Parker, Sr
411 Broad St, Suite 401
Chattanooga TN 37402
Delivered via email to: bparker@vhghotels.com
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Moxy Hotel
Dear Mr. Parker:
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) October 20, 2022 with subsequent information on
December 19, 2022 and March 15, 2023. These impacts are covered by the Neuse Buffer Rules and the
conditions listed below. This Buffer Authorization with Exception 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 Buffer Rules are met. No other impacts are approved, including incidental
impacts..0611(c)(2)
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers — Zone 1
Hotel
1172(square feet)
0 (square feet)
Street ROW Improvements
369(square feet)
0 (square feet)
Buffers — Zone 2
Hotel
150 (square feet)
0 (square feet)
Street ROW Improvements
240(square feet)
0 (square feet)
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
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
oaa..m.mof�runn,aM,lOual\ /� 919.707.9000
DocuSign Envelope ID: A3EC8996-4075-40F8-AB9B-693C131138E0
Vision Hospitality Group Inc
DWR# 20221460
Buffer Authorization Certificate with Exception
Page 2 of 4
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
with Exception and is responsible for complying with all conditions. [15A NCAC 02B .0611(c)(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.
Additional Conditions:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Transfer Form (Form) shall be completed and
provided to the Division prior to any impacts 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 Transfer Form
from the Division prior to conducting any impacts.
Compensatory Mitigation Required
River and Sub -basin Number
Neuse Buffer
5208 square feet (credits)
Neuse / 03020201
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).
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000
DocuSign Envelope ID: A3EC8996-4075-40F8-AB9B-693C131138E0
Vision Hospitality Group Inc
DWR# 20221460
Buffer Authorization Certificate with Exception
Page 3 of 4
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.
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A
NCAC 02B .0714. Please contact Sue Homewood at 336-813-1863 or sue.homewood@ncdenr.gov if you
have any questions or concerns.
Sincerely,
EsDocuSigned by:
ft p�G 1 16ss
755ABFOCD8OB428_.
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Bob Zarzecki, S&EC
DWR 401 & Buffer Permitting Branch electronic file
Filename: 20221460 Moxy Hotel — Wake — Neuse Exception.docx
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROL
04patneMbfE I,—U10-Ift /� 919.707.9000
DocuSign Envelope ID: A3EC8996-4075-40F8-AB9B-693C13l l38E0
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
April 24, 2023
Permittee: Vision Hospitality Group Inc DWR Project # 20221460
Project Name: Moxy Hotel
County: Wake
The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to
satisfy the mitigation requirements set forth in the Buffer Authorization with Exception issued to Vision
Hospitality Group Inc, dated April 24, 2023 as provided in the table below.
Compensatory Mitigation
River and 8-digit HUC Number
Neuse Buffer
5208 square feet (credits)
Neuse / 03020201
The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of
payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the
Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before
conducting any of the authorized impacts.
The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will
be debited using approved released or advance credits, and for all stream or wetland credits is in
accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below,
DMS is accepting full responsibility for the identified mitigation.
Signature Authority Name (print):
Signature:
Date:
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
oaa..m.mof�runn,aM,lOual\ /� 919.707.9000