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HomeMy WebLinkAbout20230573-Buffer-CORRECTIONDocuSign Envelope ID: 35041E22-2130C-41DF8-A31E-990139D770A11 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Mr. Brian Ketchem Stanley Martin Companies, LLC 11710 Plaza America Drive Suite 1100 Reston, VA 20190 ketchembk@stanleymartin.com NORTH CAROLINA Environmental Quality June 5, 2023 DWR # 20230573 Wake County Subject: Correction of APPROVAL of NEUSE BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Haddonstone Project, Wake County Dear Mr. Ketchem: 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)] 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) 1 10345 31035 4974 7461 2 10421 31263 4463 6695 3 6531 N/A 2011 N/A 4 643 N/A 428 N/A 5 442 N/A 420 N/A 6 2112 N/A 1211 N/A 7 2442 7326 1694 2541 Totals 32936 69624 15201 16697 * n/a = Site Impact Allowable, No mitigation required Total Buffer Impact for Project: 48137 square feet. 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: 35041E22-2130C-41DF&A31E-990139D770A11 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 DWR 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. This corrected approval replaces the one issued on June 1, 2023. The permittee shall report to the DWR 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. Conditions of Approval: 1. Mitigation must be provided for the proposed impacts as specified in the table below. The attached Compensatory Mitigation Responsibility Acceptance Form (Form) shall be completed and provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on the attached Form 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 Required River Basin and HUC Number Buffer 86321 square feet (credits) Neuse River Basin H U C 03020201 [15A NCAC 28.0714J 2. 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] 3. 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 Transportation facility 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] 4. Pursuant to 15A NCAC 0213.0714 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. 5. Native riparian vegetation (i.e, trees and shrubs native to your geographic region) 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)] ��� 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 CAROLINA 919.707.9000 0_p Mo Emimnmen quay DocuSign Envelope ID: 35041E22-2130C-41DF&A31E-990139D770A11 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 150E 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. This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 0213.0714. Please contact Rob Ridings at 919-707-8786 or rob.ridings@deq.nc.gov if you have any questions or concerns. Sincerely, E DOCUSigned by: � / �W1(A i�. 9C9886312DCD474... Richard E. Rogers, Jr., Director Division of Water Resources Cc: Deborah Shirley, Soil & Environmental Consultants PA (dshirley@sandec.com) Lyle Phillips, US Corps of Engineers, Raleigh Regulatory Office Amy Staley, RES (astaley@res.us) Camden M. Brunick, Wildlands Engineering Inc (cbrunick@wildlands.com) 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 DocuSign Envelope ID: 35041E22-2130C-41DF&A31E-990139D770A11 COMPENSATORY MITIGATION RESPONSIBILITY ACCEPTANCE FORM #1 June 5, 2023 Permittee: Stanley Martin Companies LLC DWR Project # 20230573 Project Name: Haddonstone County: Wake The Division has received a Statement of Availability (SOA) from RES for the EBX Neuse I Umbrella Mitigation Bank to partially satisfy the mitigation requirements set forth in the Neuse Buffer Authorization issued to Stanley Martin Companies LLC, dated June 5, 2023 as provided in the table below. Compensatory Mitigation River Basin & HUC Number Neuse Buffer 66725 square feet (credits) Neuse River Basin HUC 03020201 The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form and the mitigation transfer certificate is submitted to the Division before conducting any of the authorized impacts. The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been released and are available at the identified bank site(s). By signing below, the Mitigation Provider is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be met through preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)). Signature Authority Name (print): Signature: Date: 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: 35041E22-2130C-41DF&A31E-990139D770A11 COMPENSATORY MITIGATION RESPONSIBILITY ACCEPTANCE FORM #2 June 5, 2023 Permittee: Stanley Martin Companies LLC DWR Project # 20230573 Project Name: Haddonstone County: Wake The Division has received a Statement of Availability (SOA) from Wildlands Engineering for their various Mitigation Banks to partially satisfy the mitigation requirements set forth in the Neuse Buffer Authorization issued to Stanley Martin Companies LLC, dated June 5, 2023 as provided in the table below. Compensatory Mitigation River Basin & HUC Number Neuse Buffer 19596 square feet (credits) Neuse River Basin HUC 03020201 The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form and the mitigation transfer certificate is submitted to the Division before conducting any of the authorized impacts. The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been released and are available at the identified bank site(s). By signing below, the Mitigation Provider is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be met through preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)). Signature Authority Name (print): Signature: Date: 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