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HomeMy WebLinkAbout20-1613 v3 Revised Georgias Landing Subdivision and Offsite Sewer_NBR_Wake_EBX&Wildlands.pdfDocuSign Envelope ID: 57D24333-9AB9-4390-B71 F-13781361DD8=5 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHAM E. ROGERS, JR. Director November 15, 2022 Mungo Homes Attn: Brett Clark 2521 Schieffelin Road, Suite 116 Apex, NC 27502 (via email bclark@mungo.co@ NORTH CAROLINA Environmental Quality DWR # 20201613 v3 Revised Wake County Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Georgia's Landing Subdivision and Offsite Sewer Force Main Dear Mr. Clark: You have our approval for the impacts listed below for the purpose described in your application dated April 1, 2022, received by the Division of Water Resources (Division) June 11, 2021. These impacts are covered by the Neuse River 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. This Revised Authorization Certificate DWR #20201613 Version 3 replaces the Authorization Certificate DWR #20201613 Version 3 dated May 27, 2022. This Authorization Certificate shall expire when the corresponding 401 Water Quality Certification Approval DWR#20201613 v3 expires. The following impacts are hereby approved, provided that all of the Conditions listed below and all of the conditions of the Neuse River Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B Neuse .0611(b)(2)] NOR�JCAROL oepwhmmp Emlmnm uIQ-111y North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 57D24333-9AB9-4390-B71 F-13781361DD8=5 Georgia's Landing Subdivision and Offsite Sewer Force Main DWR# 20201613 v3 Revised Buffer Authorization Certificate Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 B1: Greenway Trail 1,822 (square feet) 0 (square feet) B2: Road Crossing 7,560 (square feet) 0 (square feet) B3: Walking Trail 1,514 (square feet) 0 (square feet B4: Greenway Trail 1,076 (s are feet) 0 (square feet B5: Sewer Crossing 2,204 (square feet) 0 (square feet) B6: Sewer Crossing 992 (square feet) 0 (square feet) B8: Road Crossing 7,752 (square feet) 0 (square feet) B9: Dam Rehab 14,807 (square feet) 0 (square feet B10: Road Crossing 13,611 (square feet) 0 (square feet) B11: Greenway Trail 1,578 (square feet) 0 (square feet) B12: Sewer Crossing 2,041 (square feet) 0 (square feet) B13: Sewer Crossing 1,232 (square feet) 0 (square feet) B14: Road Crossing 1,493 (square feet) 0 (square feet B 15: SCM Outfall 773 (square feet) 0 (square feet) B 16: Dam Breach 9,109 (square feet) 0 (square feet) Buffers — Zone 2 B1: Greenway Trail 1,265 (square feet) 0 (square feet B2: Road Crossing 6,468 (square feet) 0 (square feet) B3: Walking Trail 1,080 (square feet) 0 (square feet) B4: Greenway Trail 1,229 (square feet) 0 (square feet) B5: Sewer Crossing 1,850 s uare feet 0 (square feet BT Sewer Crossing 1,650 (square feet 0 (square feet B8: Road Crossing 5,613 (s are feet) 0 (square feet B9: Dam Rehab 10,112 (square feet) 0 (square feet B10: Road Crossing 8,249 (square feet) 0 (square feet) B11: Greenway Trail 1,059 s uare feet 0 (square feet B12: Sewer Crossing 1,346 (square feet) 0 (square feet B13: Sewer Crossing 673 (s uare feet) 0 (square feet B 14: Road Crossing 740 (square feet) 0 (square feet B 15: SCM Outfall 664 (square feet) 0 (square feet) B 16: Dam Breach 844 (square feet 0 (square feet B17: Road Crossing 366 (s uare feet) 0 (square feet Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the approved Bank Sponsor(s) [hereby known as Bank Sponsor(s)] for use of the following mitigation banks: Wildlands Holdings III, LLC and Wildlands Holdings V, LLC (Wildlands Engineering, Inc), EBX-Neuse 1, LLC Neuse Riparian Buffer Umbrella Mitigation Bank (EBX-Neuse I, LLC), RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, RES 2021 Neuse Umbrella Mitigation Bank, North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 woF caHo.. wn 919.791.4200 ornamma�<m �Wro���rmi n�an�r DocuSign Envelope ID: 57D24333-9AB9-4390-B71 F-13781361DD8=5 Georgia's Landing Subdivision and Offsite Sewer Force Main DWR# 20201613 v3 Revised Buffer Authorization Certificate Page 3 of 4 or RES 2022 Phase II Umbrella Mitigation Bank. Specific bank sites that may be debited are Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Bucher, Hannah Bridge, Stone Creek, Meadow Spring, Uzzle, Poplar Creek, Polecat, Thunder Swamp and Wolf King all located in HUC 03020201, to meet this mitigation requirement. Until the Bank Sponsor(s) receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Bank Sponsor(s) to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Bank Sponsor River & Sub -basin Required Number Riparian 36,871.5 (square feet) RES Neuse: 03020201 Buffer (paid March 5, 2021) Riparian 83,638.5 (square feet) EBX-Neuse I, LLC and EBX Neuse: 03020201 Buffer aid October 4, 2021 Riparian 5,589 (square feet) EBX-Neuse I, LLC, EBX, Neuse: 03020201 Buffer Wildlands Holdings III, LLC and Wildlands Holdings V, LLC Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state 's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. 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. [I 5A NCAC 02B .0611(b)(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. 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 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 htip://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 woF caHo.. wn 919.791.4200 ornamma�<m �Wro���rmi n�an�r DocuSign Envelope ID: 57D24333-9AB9-4390-B71 F-13781361DD8=5 Georgia's Landing Subdivision and Offsite Sewer Force Main DWR# 20201613 v3 Revised Buffer Authorization Certificate Page 4 of 4 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 letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Zach Thomas at 919-791-4255 or zachary.thomas cr,ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: SCb{f vivusbV, BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Rick Trone, WithersRavenel (via email) DWR 401 & Buffer Permitting Branch electronic file North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 woF caHo.. wn 919.791.4200 ornamma�<m �Wro���rmi n�an�r