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