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HomeMy WebLinkAbout20221796 Ver 1_Updated Mitigation Information_20231026 (10)ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 30, 2023 Sound Timber Management LLC Attn: Mr. Glenn Bagwell, Jr., Manager 333 Sherwee Dr Raleigh NC 27603 Delivered via email to hgbjr@ix.netcom.com DWR # 20221796 Wake County Subject: Buffer Authorization with Major Exception for Neuse River Riparian Buffer Impacts with Additional Conditions (15A NCAC 02B .0714) Project Ocean — Commercial Warehouse Project in Eagle Crest Industrial Park Dear Mr. Bagwell: 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) December 22, 2022, and subsequent information on March 15, 2023 and April 26, 2023. This letter shall serve as your Authorization Certificate with Minor Exception approval with conditions as authorized in 15A NCAC 02B .0611. This letter only addresses impacts to the regulated riparian buffer and does not approve any activity within Waters of the United States or Waters of the State, and 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/or Stormwater regulations. The following impacts are hereby approved, provided that all of the Conditions listed below. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers —Zone 1 14,770 (square feet) 0 (square feet) Buffers — Zone 2 11,332 (square feet) 0 (square feet) � 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 Project Ocean — Eagle Crest Industrial Park DWR# 20221796 Buffer Authorization Certificate with Major Exception Page 2 of 4 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 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 .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. Additional Conditions: Mitigation must be provided for the proposed impacts as specified in the table below. The attached Compensatory Mitigation Responsibility Transfer Form (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 Transfer Form from the Division prior to conducting any impacts. Compensatory Mitigation Required River and Sub -basin Number Neuse Buffer 61,308 square feet (credits) Neuse / 03020201 2. No additional impacts, other than exempt uses as identified within 15A NCAC 02B .0714 or impacts approved by a Buffer Authorization issued separately from this approval by the Division, shall occur within the protected riparian buffer unless approved. 3. The Permittee shall secure an approved stormwater management plan (SMP) from the City of Raleigh before any impacts authorized in this certificate with exception 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. 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 D � ��� 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 CAROLINq Dw.b.d. €mlm.m wowll /"S 919.7�7.9�0� Project Ocean — Eagle Crest Industrial Park DWR# 20221796 Buffer Authorization Certificate with Major Exception Page 3 of 4 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 Authorization Certificate in accordance with N.C.G.S 1506-23(a). 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. This Authorization shall expire 5 years from the date of issuance. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Sue Homewood at 336-813-1863 or sue.homewood@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: E410" OB428 Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Electronic cc: Jeff Harbor, Terracon DWR RRO DWR 401 & Buffer Permitting Branch electronic file Filename: 20221796 Project Ocean - Wake - Neuse Exception.docx REQNorth yy 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 cc.aot.iw. 919.707.9000 OgNAMeaI M EmlrunmuMal Quality ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM June 30, 2023 Permittee: Sound Timber Management LLC DWR Project # 20221796 Project Name: Project Ocean — Eagle Crest Industrial Park County: Wake The Division has received a Statement of Availability (SOA) from EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank, RES 2021 Neuse Umbrella Mitigation Bank, or RES 2022 Phase II Umbrella Mitigation Bank. Specific bank sites that may be debited are Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Bucher, Hannah Bridge, Stone Creek, Meadow Spring, Uzzle, Poplar Creek, Polecat, Wolf King and Thunder Swamp Phase II Bank (Mitigation Provider) to satisfy the mitigation requirements set forth in the Buffer Authorization with Exception issued to Sound Timber Management LLC, dated June 30, 2023 as provided in the table below. Compensatory Mitigation River and 8-digit HUC Number Neuse Buffer 61,308 square feet (credits) Neuse / 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: D � � � 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 NOR��I t.E i`A oe�ro�,emare- 919.707.9000