HomeMy WebLinkAbout20230948-BufferDocuSign Envelope ID: 96466lA8-80DF-4193-A827-33BD14A787EF
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Scott Weathers
Advenir Oakley Capital, LLC
17501 Biscayne Boulevard
Suite 300
Aventura, FL 33160
seathers@leoliving.com
NORTH CAROLINA
Environmental Quality
August 7, 2023
DWR # 20230948
Wake County
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
LEO at Wendell Project, Wake County
Dear Mr. Weathers:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) July 7, 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
Permanent Zone 1
Impact (sq ft)
Temporary Zone 1
Impact (sq ft)
Permanent Zone 2
Impact (sq ft)
Temporary Zone 2
Impact (sq ft)
1
5841
6055
5526
3014
2
3719
3728
2158
1347
3
4779
0
2978
0
Totals
14339
9783
10662
4361
Total Buffer Impact for Project: 39145 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: 964661A8-80DF-4193-A827-33BD14A787EF
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 NC Division of Water
Resources 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.
Conditions of Approval:
1. All riparian buffers impacted by the placement of Temporary fill or clearing activities shall be restored
to the preconstruction contours and revegetated. As stated in your application, impact areas permitted
as Temporary Impacts will be revegetated upon completion of construction with native riparian species,
including native hardwood species in Zone 1 and native riparian herbaceous vegetation in both Zone 1
and Zone 2. In accordance with 15A NCAC 213.0295, the Zone 1 hardwood riparian vegetation
reestablishment shall include a minimum of at least 2 native hardwood tree species planted at a Density
sufficient to provide 320 trees Per Acre.
2. Pursuant to 15A NCAC 213.0714, 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.
3. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities,
unless otherwise approved by this certification. [15A NCAC 213.0714]
4. Native riparian vegetation must be reestablished in all 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.
��� 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
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DocuSign Envelope ID: 964661A8-80DF-4193-A827-33BD14A787EF
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,
Ea
DocuSigned by:
14A� r,L"MAI
4F4DD2F21EA846E...
Richard E. Rogers, Jr., Director
Division of Water Resources
Cc:
Mackenzie Richards, PWS, Kimley-Horn & Associates Inc (mackenzie.richards@kimley-horn.com)
Matt Martin, US Corps of Engineers Raleigh Office(matthew.k.martin@usace.army.mil)
Amy Staley, RES (astaley@res.us)
Katie Merritt, NCDWR Mitigation 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
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