20221796 Ver 1_Findings of Fact Public Notice_20230522

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
TO
FROM
RE
NORTH CAROLINA
Environmental Quality
May 22, 2023
DEQ-DWR-Wetlands-Public Listsery
Sue Homewood, 401 & Buffer Permitting Branch15-W
5/22/2023
Notice of Complete Application and Finding of Fact for Authorization Certificate with
Major Exception pursuant to Neuse River Riparian Area Protection Rules - 15A NCAC
02B .0714 and 15A NCAC 02B .0611
PUBLIC NOTICE is hereby given that on December 29, 2022, a request was received by the Division of
Water Resources to grant a Major Exception from the Neuse Riparian Area Protection Rules (15A NCAC
02B .0714 and 15A NCAC 02B .0611) to Sound Timber Management LLC, (333 Sherwee Drive, Raleigh,
NC) for a commercial warehouse facility to serve a specific end user (tenant) within the Eagle Crest
Industrial Park. The proposed project would permanently impact 14,770 square feet of Zone 1 of the
buffer and 11,332 square feet of Zone 2 of the buffer. To mitigate the buffer impact in accordance with
15A NCAC 02B .0611 (b)(1)(1), the applicant proposes to purchase riparian buffer credits from a private
mitigation bank.
Based on the information submitted, the Division of Water Resources provides the below preliminary
findings pursuant to 15A NCAC 02B .0611 (c)(3)(C). DWR proposes to take final action on the application
June 23, 2023.
Preliminary findings pursuant to 15A NCAC 02B .0611 (b)(2) and (c)(1)
The applicant has demonstrated to the Division's satisfaction that the project meets all the criteria
specified in 15A NCAC 02B .0611 (b)(2).
The Division finds the following pursuant to 15A NCAC 02B .0611 (c)(1).
(A) There are practical difficulties or unnecessary hardships that prevent compliance with the
riparian buffer protection requirements.
The Division believes that the proposed facility is not possible without impacting the riparian
buffer. The property is bounded by additional jurisdictional streams and ponds which are
also subject to the Neuse Riparian Area Protection Rules.
(B) 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. Merely proving that the
Authorization Certificate with Exception would allow a greater profit from the property shall
not be considered adequate justification for an Authorization Certificate with Exception.
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
919.707.9000

The Division believes that adherence to the rule would prevent the site from use by the
proposed project. Reduction of the building configuration and/or site components would
create hardships that would not be acceptable by the identified end user.
Moreover, the Authority shall consider whether the Authorization Certificate with Exception
is the minimum possible deviation from the terms of this Rule that shall make reasonable
use of the property possible;
The Division believes the proposal is the minimum deviation from the rule to meet the
project needs.
(C) The hardship is due to the physical nature of the applicant's property, such as its size, shape
or topography;
The hardship is due to physical nature of property, specifically the site is bound on three sides
by jurisdictional streams and ponds also subject to the Neuse Riparian Area Protection Rules.
(D) The applicant did not cause the hardship;
The applicant did not cause the hardship.
(E) The requested Authorization Certificate with Exception is in harmony with the general spirit
purpose and intent of the State's riparian buffer protection requirements, will protect water
quality, will secure public safety and welfare, and will preserve substantial justice.
Mitigation for buffer impacts will be satisfied through the purchase of credit from a private
mitigation bank in compliance with 15A NCAC 028 .0714(12) and 15A NCAC 028 .0295.
Stormwater management will be addressed in compliance with the City of Raleigh's
delegated program. Due to these factors the Division believes that the proposal is in
harmony with the general spirit and intent of the State's riparian buffer protection
requirements, will protect water quality, will secure public safety and welfare, and will
preserve substantial justice.
The application is online at:
https://edocs.deg.nc.gov/WaterResources/Browse.aspx?id=2624489&dbid=0&repo=WaterResources
The application is also on file at the DWR Central Office and may be inspected with an appointment
between 8 a.m. & 5 p.m. at 512 N. Salisbury St., Raleigh, NC, 27604. For questions or to schedule an
appointment, contact Sue Homewood at [e-mail].
This notice is available electronically at: https://deg.nc.gov/about/divisions/water-resources/water-
guality-permitting/401-buffer-permitting-branch/public-notices
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTI{ CAROL INA