Kalas Falls HarrisCreekOutfallReplacement_NBR_2023-07-21 - signed.pdf

a�t STATE
ti
ROY COOPER ,
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,A. NORTH CAROLINA
Director Environmental Quality
July 21,2023
DWR#20230403
Wake County
Tim Smith
Mitchell Mill Investors
105 Weston Estates Way
Cary,NC 27513
(via email: timAprestondev.com)
Subject: AUTHORIZATION OF NEUSE RIPARIAN BUFFER IMPACTS WITH
ADDITONAL CONDITIONS
City of Raleigh—Harris Creek Outfall Replacement
Dear Mr. Smith:
This Buffer Authorization Letter is meant to replace the approval letter for the subject project dated June
7,2023. You have our approval for the impacts listed below for the purpose described in your application
dated and received by the Division of Water Resources(Division) March 15,2023, and payment received
March 16,2023. These impacts are covered by the Neuse Buffer Rules and the conditions listed below.
Please note that this Buffer Authorization does not relieve the permittee/owner of the responsibility to
obtain all other required federal, state or local approvals before proceeding with your project,including
those required by,but not limited to, Sediment and Erosion Control, Stormwater,Non-Discharge,
Sanitary Sewer Collections,and/or 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)]
Type of Impact Amount Amount Mitigation
Approved(units) Approved(units) Amount
Permanent Temporary Required
Buffers—Zone 1 (square feet) (square feet)
B1: Utility Line- Sewer (Stream 3) 1,591 1,747 0 credits
B2: Utility Line—Sewer (Harris Creek) 0 0 0 credits
B3: Utility Line—Sewer (Stream 2) 1,404 1,553 0 credits
B4: Utility Line—Sewer (Harris Creek)Non- 1,112 0 3,336 credits
Perpendicular
Buffers—Zone 2
B 1: Utility Line- Sewer (Stream 3) 902 836 0 credits
B2: Utility Line—Sewer (Harris Creek) 61 0 0 credits
B3: Utility Line—Sewer (Stream 2) 2,192 868 0 credits
134: Utility Line—Sewer (Harris Creek)Non- 956 400 0 credits
Perpendicular
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA
919.791.4200

City of Raleigh—Harris Creek Outfall Replacement
DWR#20230403
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 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. [I 5A NCAC 02B .0611]
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 [I 5A NCAC
02B .0714&02B .0611]. 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:
1. 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 Required River and Sub-basin Number
Neuse River 3,336 square feet(credits) Neuse River/03020201
Riparian Buffer
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 hLtp://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
If the party filing the Petition is not the permittee,then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 15013-23(a).
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
gaparMeM of EmironmanW quay

City of Raleigh—Harris Creek Outfall Replacement
DWR#20230403
Buffer Authorization Certificate
Page 3 of 3
This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights,littoral rights, or water use rights of any other person,nor does
it create any prescriptive right or any right of priority regarding any usage of water. This Authorization
Certificate 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 Authorization
Certificate 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.
This Authorization Certificate shall expire when the corresponding 401 Water Quality Certification
Approval DWR#20230403 expires.
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in
15A NCAC 02B .0714 and 02B .0611.
Please contact Zach Thomas at zachary.thomaskncdenr. og_v or 919-791-4255 if you have any questions
or concerns.
Sincerely,
Es
DocuSigned by:
att uwsew For:
BCDA9D825D4A46D...
Richard E. Rogers,Jr.,Director
Division of Water Resources,NCDEQ
by:
Scott Vinson,Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
cc: Rick Trone,WithersRavenel(via email: rtronekwithersravenel.com)
DWR 401 &Buffer Permitting Files via Laserfiche
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA 919.791.4200
gaparMeM of EmironmanW quay

ROY COOPER
Governor
ELIZABETH S.BISER .�4° 4i "
Secretory
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
July 21,2023
Permittee: Tim Smith and Mitchell Mill Investors DWR Project#20230403
Project Name: City of Raleigh—Harris Creek Outfall County: Wake
Replacement
The Division has received a Statement of Availability(SOA)from Wildlands Holdings III, LLC &
Wildlands Holdings V, LLC [hereby known as Bank Sponsor(s)] for use of the following mitigation
banks: Anderson Farm, Black Dirt, Cox Pond, Falling Creek, Grantham Branch, Little River Weaver,
Long Pond, Moccasin Creek, O'Berry Road, Rosewood, Sassarixa Swamp 11, Thoroughfare Swamp,
Catfish Pond 11, Perry Hill 11, and Wolfe Mitigation Bank Parcels to satisfy the mitigation requirements
set forth in the Buffer Authorization issued to Tim Smith and Mitchell Mill Investors, dated July 21, 2023
as provided in the table below.
Compensatory Mitigation River and 8-digit HUC
Number
Neuse Buffer 3,336 square feet(credits) Neuse River/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): Ro b u`4—
Sep 8,2023
Signature: Date:
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609
NcxaTa^H� D 919.791,4200
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Kalas Falls HarrisCreekOutfal I Replacement_N B
R 2023-07-21
Final Audit Report 2023-09-08
Created: 2023-09-08
By: Camden Brunick([e-mail])
Status: Signed
Transaction ID: CBJCHBCAABAA a TDW4d2VFe6PGTSMCQNixmmEbTUXBc
"Kalas Falls HarrisCreekOutfallReplacement_NBR_2023-07-21 "
History
Document created by Camden Brunick([e-mail])
2023-09-08-6:21:52 PM GMT
Document emailed to Robert Bugg ([e-mail])for signature
2023-09-08-6:22:20 PM GMT
Email viewed by Robert Bugg ([e-mail])
2023-09-08-7:07:58 PM GMT
dp Document e-signed by Robert Bugg ([e-mail])
Signature Date:2023-09-08-7:08:15 PM GMT-Time Source:server
Agreement completed.
2023-09-08-7:08:15 PM GMT
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