HomeMy WebLinkAbout20230756 Ver 1_Approval Letter_20230718ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 18, 2023
DWR # 20230756
Wake County
LIV Development
Attn: Andrew Murray
2204 Lakeshore Drive Suite 450
Birmingham, AL 35209
Delivered via email to: andrew@livdev.com
Subject: Approval of Individual 401 Water Quality Certification
The Livano Cary
USACE Action ID. No. SAW-2019-00071
Dear Mr. Murray:
Attached hereto is a copy of Certification No. WQC006074 issued to Mr. Murray and LIV Development,
dated July 11, 2023. 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 Water Quality Certification.
If you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which
the withdrawal was initiated or expanded.
Upon the presentation of proper credentials, the Division may inspect the property.
North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
uenenmem or emo-oomeow aoei\ /� 919.707.9000
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 2 of 16
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification 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, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification 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.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Samantha Wooten at (919) 707-3631 or samantha.wooten@deg.nc.gov if you
have any questions or concerns.
Sincerely,
IS
DocuSigned by:
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755ABFOCD8OB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 3 of 16
Electronic cc: Rick Trone, WithersRavenel; via email (rtrone@withersravenel.com
Jean Gibby, USACE Raleigh Regulatory Field Office; via email
(Jean.B.Gibby@usace.army.mil)
Todd Bowers, EPA; via email (Bowers.todd@Epa.gov)
DWR 401 & Buffer Permitting Branch Electronic file
D E Q�JJ 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
NORTH CAROLINA 919.707.9000
DWP em of envimnmenmi auai�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 4 of 16
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006074 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 0213.0200, to Mr. Murray and LIV Development, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on May 25, 2023 and by Public Notice issued by the U. S. Army Corps of Engineers on June 1,
2023.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Amount Approved
Mitigation Amount
(units) Permanent
(units) Temporary
Required
Wetland
W1— Road
0.317 (acres)
0 (acres)
0.317 (acres)
Crossing
W2 — Stream
0.018 (acres)
0 (acres)
0.018 (acres)
Realignment
W3 — Retaining
0 (acres)
0.010 (acres)
0 (acres)
Wall #1
Installation
W4— Retaining
0 (acres)
0.037 (acres)
0 (acres)
Wall #2
Installation
W5 — Riprap
0.055 (acres)
0 (acres)
0.055 (acres)
Install
W6 — Boardwalk
0 (acres)
0.044 (acres)
0 (acres)
Construction
Access
Stream
S1— Road Crossing
135 (linear feet)
0 (linear feet)
0 (linear feet)
S2 — Riprap
59 (linear feet)
0 (linear feet)
0 (linear feet)
Installation
S3 — Construction
0 (linear feet)
25 (linear feet)
0 (linear feet)
S4 — Stream
10 (linear feet)
0 (linear feet)
0 (linear feet)
Realignment
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 5 of 16
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Mitigation must be provided for the proposed impacts as specified in the table below. Mitigation is
proposed to be phased according to the table below. The Division has received an acceptance letter
from the Neu -Con Wetland & Stream Umbrella Mitigation Bank to meet this mitigation requirement.
Until the Neu -Con Wetland & Stream Umbrella Mitigation Bank 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 Neu -Con Wetland & Stream Umbrella Mitigation Bank to meet the following compensatory
mitigation requirement.
Phase /
Compensatory Mitigation Required
River and Sub -basin
Impact areas
Number
Wetland
Phase 1
0.317 (acres)
Neuse
W1
03020201
Wetland
Phase 1
0.018 (acres)
Neuse
W2
03020201
Wetland
Phase 1
0.055 (acres)
Neuse
W5
03020201
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
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.
2. When final design plans are completed for Roadway Crossing R3 the Permittee shall submit a copy
to the Division for review. Final designs shall reflect all appropriate avoidance, minimization, and
mitigation for impacts to wetlands, streams, and other surface waters. The Permittee shall submit a
permit modification request if the impacts from the final design of R3 are different than those
identified in this approval. No construction activities (including temporary impacts) shall begin at
impact area R3 until after a permit modification has been secured, or the Division has acknowledged
review of the final design drawings.
Citation: 15A NCAC 02H .0506(b)(2) and (3), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 6 of 16
3. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways,
utility lines or other development related activities within the Ammons Development may be
considered cumulative to impacts approved in this Certification and may require a modification of
this 401 Water Quality Certification approval.
Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
4. The Permittee shall secure an approved stormwater management plan (SMP) from Wake County
before any impacts authorized in this certification occur. The applicable portion of the approved
SMP shall be constructed and operational before any permanent building or other permanent
structure is occupied at the site. If any of the SCMs are used as an Erosion and Sediment Control
device, it must be restored to the approved stormwater design condition within 30 days of close-out
of the Erosion and Sediment Control Plan.
The Permittee shall ensure that all final construction plans for the development comply with the
commitments ensure that downstream hydrology is provided to all jurisdictional features within the
project limits made within the 401 application and supplemental documents. If any additional direct,
or indirect, stream, wetland, or open water impacts result from final SMP design and/or review or
approval then Permittee shall submit an application to modify the 401 certification to account for
the additional impacts. Any such impact will be considered cumulative to the project.
Citation: 15A NCAC 02H .0506(b)(2) and (3), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
5. All wetlands, streams, and surface waters located within 50 feet of the construction area on the
project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities and must be maintained on the property until the project phase is completed.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c)
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 Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards or would
result in secondary or cumulative impacts.
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 7 of 16
6. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A
NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design
Criteria.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure
that conditions of waters be suitable for all best uses provided for in state rule (including, at
minimum: aquatic life propagation, survival, and maintenance of biological integrity,
wildlife: secondary contact recreation: agriculture), and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
7. Any utility construction corridor that is parallel to a stream or open water shall not be closer
than 10 feet to the top of bank or ordinary high-water mark.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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 states antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
8. Where there are temporary or permanent impacts from stream crossings, utility lines shall
cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105
degrees to the stream bank).
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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 states antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
9. Construction corridors in wetlands and/or across stream channels shall be minimized to the
maximum extent practicable and shall not exceed 40 feet wide except at impact location S5
where utilities are co -located.
For construction corridors in wetlands and across stream channels, stumps shall be grubbed
only as needed to install the utility, and remaining stumps shall be cut off at grade level.
The general stripping of topsoil within wetlands along the construction corridor is
prohibited.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 8 of 16
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the states antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
10. Permanent maintained access corridors in wetlands and across stream channels shall be
restricted to the minimum width practicable and shall not exceed 30 feet wide.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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 states antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
11. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the
downstream (utility line gradient) wetland boundary and every 150 feet up the gradient
until the utility exits the wetland. Anti -seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet long do not require anti -seep collars. The compacted clay shall have a specific
infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the
anti -seep collars.
The following specifications shall apply to class B concrete:
i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0
ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5
iii. Maximum water -cement ratio gallons per sack 6.8
iv. Slump range 2" to 4"
V. Minimum strength - 28-day psi 2,500
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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 states antidegradation policy), the Division must evaluate
if the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
12. Within all utility corridors, the permittee shall restore wetland contours to pre -construction
conditions. Any excess material will be removed to a high ground disposal area.
The mixing of topsoil and subsoils within the wetlands along utility corridors shall be
minimized to the greatest extent practical. During excavation, the soils shall be placed on
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 9 of 16
fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will
be piled separately from subsoils and will be backfilled into the trench only after the
subsoils have been placed and compacted.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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 states antidegradation policy), the Division must evaluate
if the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
13. The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-
compliance circumstances.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any
best use on a short-term or long-term basis.
14. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of
the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
15. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
16. All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the
Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management
Practices for the control of sediment and erosion so that no violations of state water quality
standards, statutes, or rules occur.
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 10 of 16
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
17. Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas, then placement of such measures shall not be conducted in a
manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence
installed within wetlands shall be removed from wetlands and the natural grade restored within two
(2) months of the date that DEMLR or locally delegated program has released the specific area
within the project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
18. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 11 of 16
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
19. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring,
record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity
in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not
designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;
for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if
turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall
not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse impacts
on existing wetland uses.
20. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and
other diversion structures shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability
offish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the
receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated
as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, -for lakes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be increased.
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 12 of 16
21. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile
of the stream above and below a pipe or culvert shall not be modified by widening the stream
channel or by reducing the depth of the stream in connection with the construction activity. The
width, height, and gradient of a proposed culvert shall be such as to pass the average historical low
flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than
the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to
maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low
flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed
such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the streambed
by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter
for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water
and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to
provide for aquatic passage, then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes
of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening
the slope have been investigated and aquatic life movement/connectivity has been provided when
possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting
documentation to include a location map of the culvert, culvert profile drawings, and slope
calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there is
sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall
be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If
bedrock is discovered during construction, then DWR shall be notified by phone or email within 24
hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts
or bridges shall be provided to maintain the natural hydrology of the system as well as prevent
constriction of the floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis. Ensuring that structures are installed properly in
waters will ensure that surface water quality standards are met and conditions of waters are
suitable for all best uses.
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 13 of 16
22. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes
the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
23. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
24. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall
be returned to natural conditions within 60 calendar days after the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's original
cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted
sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any remaining
surface waters or wetlands, and any surface waters or wetlands downstream, continue to support
existing uses after project completion.
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 14 of 16
25. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall
be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North
Carolina Department of Transportation Best Management Practices for Construction and
Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this
Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters
will ensure that surface water quality standards are met and conditions of waters are suitable for all
best uses.
26. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction
activity. All rip -rap shall be placed such that the original streambed elevation and streambank
contours are restored and maintained and shall consist of clean rock or masonry material free of
debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de-
stabilization of the stream bed or banks upstream or downstream of the area or be installed in a
manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
27. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
28. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other
toxic materials. Construction shall be staged in order to minimize the exposure of equipment to
surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 15 of 16
maintenance shall be performed in a manner to prevent, to the maximum extent practicable,
contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 .0200, 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in
Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing
color or odor shall not be present in amounts that may cause adverse impacts on existing wetland
uses.
29. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical characteristics
are protected; populations of wetland flora and fauna are maintained to protect biological integrity
of the wetland; and materials or substances are not present in amounts that may cause adverse
impact on existing wetland uses.
30. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the nature,
location, and time of the discharge and of the measures which are being taken or are proposed to be
taken to contain and remove the discharge. This action is required in order to contain or divert the
substances to prevent entry into the surface waters. Surface water quality standards require that
conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:
aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary
contact recreation; agriculture); and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis.
31. The permittee and their authorized agents shall conduct all activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with §303(d)
of the Clean Water Act), and any other appropriate requirements of State and Federal Law.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
The Livano Cary
DWR# 20230756
Individual Certification #WQC006074
Page 16 of 16
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided
and minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
32. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this certification in the construction and maintenance of this project and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a
copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available
at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 181" day of July 2023
DocuSigned by:
Steph'�M 89� $Supervisor
401 & Buffer Permitting Branch
D E Q�JJ North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DeparlmeM of Envlranmental Uuali�
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
July 18, 2023
LIV Development
Attn: Andrew Murray
2204 Lakeshore Drive Suite 450
Birmingham, AL 35209
(via email andrew�livdev.com)
NORTH CAROLINA
Environmental Quality
DWR 420230756
Wake County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
The Livano Cary
Dear Mr. Murray:
You have our approval for the impacts listed below for the purpose described in your application dated
May 25, 2023, received by the N.C. Division of Water Resources (Division) on May 25, 2023, with
payment received June 1, 2023. 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.
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 Neuse .0611(b)(2)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved
(units)
Temporary
Mitigation
Amount
Required
Buffers — Zone 1
B2 (Impact 1): Boardwalk
Construction
1,919 (square feet)
0 (square feet)
0 credits
B4 (Impact 1): Road Crossing
12,362 (square feet)
0 (square feet)
37,086 credits
Buffers — Zone 2
B1 (Impact 1): Greenway
Grading
233 (square feet)
0 (square feet)
0 credits
B2 (Impact 1): Boardwalk
Construction
1,049 (square feet)
0 (square feet)
0 credits
B3 (Impact 1): Greenway
Grading
1,851 (square feet)
0 (square feet)
0 credits
B4 (Impact 1): Road Crossing
6,798 (square feet)
0 (square feet)
10,197 credits
B5 (Impact 1): SCM 2 Outfall
272 (square feet)
0 (square feet)
0 credits
NORTHCAROLINAD_E Q I
Depa"mem of Environmental Uuali�
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
The Livano Cary
DWR# 20230756
Buffer Authorization Certificate
Page 2 of 3
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 anew 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 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 .0734]. 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.
Additional Conditions:
Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Acceptance Form shall be completed and
provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on
the attached Form(s) 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
River and Sub -basin Number
Required
Neuse River
47,283 square feet (credits)
Neuse/03020201/Outside Falls
Riparian Buffer
Lake Watershed
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the
presentation of proper credentials, the Division may inspect the property.
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
D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA 919.791.4200
Depa"mem of Environmental Duality
The Livano Cary
DWR# 20230756
Buffer Authorization Certificate
Page 3 of 3
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This Authorization shall expire when the corresponding 401 Water Quality Certification Approval
DWR #20230756 expires.
This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described
in 15A NCAC 02B .0734. Please contact Samantha Wooten at samantha.wootenkdeq.nc.gov or 919-
707-3631 if you have any questions or concerns.
Sincerely,
E DocuSigned by-
6mit, C 6ss
755ABFOCD80B428...
Stephanie Goss, Supervisor
401& Buffer Permitting Branch
Division of Water Resources, NCDEQ
cc: Rick Trone, WithersRavenel, Inc; via email (rtronekwithersravenel.com)
DWR 401 & Buffer Permitting via Laserfiche
NORTH CAROLMAD_ E Q l
Depanmem of Enelmnmeetal Duality
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
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
July 18, 2023
Permittee: LIV Development DWR Project #20230756
Project Name: The Livano Cary
County: Wake
The Division has received an acceptance letter from RES (Bank Sponsor EBX-Neuse I, LLC and/or EBX) to
satisfy the mitigation requirements set forth in the Buffer Authorization issued to LIV Development,
dated July 18, 2023, as provided in the table below.
Compensatory Mitigation
River and 8-digit HUC Number
Neuse Buffer
47,283 square feet (credits)
Neuse /03020201/Outside Falls
Lake Watershed
The Permittee must provide a copy of this form to RES: EBX-Neuse I, LLC and/or EBX who will then sign
the form to verify receipt of payment and the transfer of the mitigation responsibility. Once RES: EBX-
Neuse I, LLC and/or EBX has signed this form, it is the Permittee's responsibility to ensure that a signed
copy of this form is submitted to the Division before conducting any of the authorized impacts.
RES: EBX-Neuse I, LLC and/or EBX verifies that the mitigation requirements (credits) shown above will be
debited using approved released or advance credits, and for all stream or wetland credits is in
accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below,
EBX-Neuse I, LLC and/or EBX is accepting full responsibility for the identified mitigation.
Signature Authority Name (print):
Signature:
Date:
D E Q�JJ 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
NORTH CAROLINA
Department of Envira meetel aeeNatt"I'�0 919.707.9000