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HomeMy WebLinkAbout20200981ver2-BufferDocuSign Envelope ID: A8E60153-ED51-4F6D-A7BD-336B39B8B5A3 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Mr. Christopher L. Woody II Abode Communities, LLC 3105 Glenwood Avenue Suite 105 Raleigh, NC 27612 epandullo@edgewater-ventures.com NORTH CAROLINA Environmental Quality June 1, 2023 DWR # 20200981 ver 2 Wake County Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Friendship Chapel Road Extenion for Reserve at Dunn Creek, Wake County Dear Mr. Woody: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) April 25, 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)] North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CARCLINA 919.707.9000 DocuSign Envelope ID: A8E60153-ED51-4F6D-A7BD-336B39B8B5A3 Neuse Riparian Buffer Impacts Site 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) 2.1_IA 10458 31374 7439 11159 2.1_1B 3779 11337 0 0 2.1_1C 677 N/A 414 N/A 232E 0 N/A 260 N/A 2.3_2F 0 N/A 394 N/A 2.4_3 0 N/A 511 N/A 2.5_4 480 N/A 1301 N/A 2.7_5 1473 N/A 1213 N/A 2.9_6 & 6A 531 N/A 180 N/A 2.9_6B 0 N/A 1881 N/A 2.10_7 1589 N/A 1222 N/A 8 & 8A 596 N/A 143 N/A 2.11_811 0 N/A 1127 N/A Totals 19598 42711 16085 11159 * n/a = Impact Type Allowable, no mitigation required Total Buffer Impact for Project: 35683 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 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 NCDWR Transportation Permitting Branch 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 NCDWR 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. REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID: A8E60153-ED51-4F6D-A7BD-336B39B8B5A3 Conditions of Approval: 1. Mitigation must be provided for the proposed impacts to a total of 53870 square feet (credits) in the Neuse River Basin, HUC #03020201. As stated in your application, these credits have been purchased in advance of your application. Resource Environmental Solutions, LLC provided Mitigation Credit Transfer Certificates dated March 28, 2022 acknowledging receipt of payment for the mitigation credits for this project. 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 Department of Transportation 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 02B.0714]. 3. Pursuant to 15A NCAC 02B.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. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities, unless otherwise approved by this certification. [15A NCAC 02B.0714] 5.Native riparian vegetation 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 02B.0714] & [15A NCAC 02B.0506(b)(2)] 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 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. REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 onparhnem of EmironmanW 9uallly DocuSign Envelope ID: A8E60153-ED51-4F6D-A7BD-336B39B8B5A3 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 919-707-8786 or rob.ridings@deq.nc.gov if you have any questions or concerns. Sincerely, E DocuSign(e�d by: 1.�,(,L�PY1(A i�. 9C9886312DCD474_. Richard E. Rogers, Jr., Director Division of Water Resources Cc: Lyle Phillips, US Corps of Engineers Raleigh Regulatory Office Bob Zarzecki, Soil & Environmental Consultants (bzarzecki@sandec.com) Amy Staley, Resource Environmental Solutions LLC (astaley@res.us) Katie Merritt, NCDWR Banking Coordinator File Copy REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 naparMeM of EmironmanW 9uallly