HomeMy WebLinkAbout20231422 Ver 1_Approval Letter_20240112 (2)DocuSign Envelope ID: BOA1858D-DCC3-4B19-897E-0531 CECCEB47
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
January 12, 2024
DWR # 20231422
Wake County
Wilmington Industrial Partners LLC
Attn: John Core
500 East Morehead Street, Suite 200
Charlotte, NC 28202
Delivered via email to: Irobertson@atiasenvi.com
Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL
CONDITIONS
Project: Wilmington Road Industrial
Dear John Core:
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) on October 10, 2023 and subsequent
information on December 13, 2023 and January 9, 2024. These impacts are covered by the Neuse Buffer
Rules and the conditions listed below. This Buffer Authorization 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, 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 Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Mitigation
Amount
Required
Buffers —Zone 1
B1: Sewer - Parallel
894 (square feet)
0 (square feet)
2682 (credits)
B2: Sewer —
Perpendicular Crossing
2491 (square feet)
0 (square feet)
7473(credits)
B3: Road Crossing
4036 (square feet)
0 (square feet)
0 (credits)
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North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
DocuSign Envelope ID: BOA1858D-DCC3-4B19-897E-0531 CECCEB47
Wilmington Road Industrial
DWR# 20231422
Buffer Authorization Certificate
Page 2 of 4
139: Sewer —
Perpendicular Crossing
1915 (square feet)
0 (square feet)
5745 (credits)
B11: Sewer — Parallel
9019 (square feet)
0 (square feet)
27057 (credits)
B12: Sewer —
Perpendicular Crossing
3301 (square feet)
0 (square feet)
9903 (credits)
Buffers — Zone 2
132: Sewer —
Perpendicular Crossing
1551 (square feet)
0 (square feet)
0 (credits)
133: Road Crossing
3350 (square feet)
0 (square feet)
0 (credits)
139: Sewer —
Perpendicular Crossing
1252 (square feet)
0 (square feet)
0 (credits)
B12: Sewer —
Perpendicular Crossing
1224 (square feet)
0 (square feet)
0 (credits)
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 Forms 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. [15A NCAC 0213.0295; 15A NCAC
02B .0267(13) .0734(12)]
Compensatory Mitigation Required
River and Sub -basin Number
Neuse Buffer
52,860.00 square feet (credits)
Neuse River Basin / 3020201
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.
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORT CAROIINA 919.791.4200
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DocuSign Envelope ID: BOA1858D-DCC3-4B19-897E-05310ECCEB47 Wilmington Road Industrial
DWR# 20231422
Buffer Authorization Certificate
Page 3 of 4
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.
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 15013-23(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 when the corresponding 401 Water Quality Certification Approval
DWR#20231422 expires.
This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A
NCAC 02B.0714. Please contact Kristina Morales at 919-791-4200 or kristina.morales@deg.nc.gov if you
have any questions or concerns.
Sincerely,
DocuSigned by:
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62916E6AB32144F...
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Electronic cc: Jennifer Robertson, Atlas Environmental Inc. (jrobertson@atlasenvi.com)
Laserfiche
Filename: 20231422_Wilmington Road_NBR_Wake_MRT.docx
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NORT CAROIINA 919.791.4200
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DocuSign Envelope ID: BOA1858D-DCC3-4B19-897E-0531 CECCEB47
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
January 12, 2024
Permittee: John Core and Wilmington Industrial Partners LLC DWR Project # 20231422
Project Name: Wilmington Road Industrial
County: Wake
The Division has received a Statement of Availability (SOA) from EBX-Neuse 1, LLC and Environmental
Blanc & Exchange, LLC for EBX-Neuse 1 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, and RES 2022 Phase II Umbrella Mitigation Bank to satisfy the mitigation
requirements set forth in the Buffer Authorization Certificate issued to John Core, dated January 12,
2024 as provided in the table below. Specific bank sites that will be debited are as follows: Bucher,
Selma Mil, Hannah Bridge, Meadow Spring, Polecat, Stone Creek, Poplar Creek, Uzzle, Shady Grove, Wolf
King, Thunder Swamp II, and Caraway Bluff II.
Compensatory Mitigation Required
River and Sub -basin Number
Neuse Buffer
52,860 square feet (credits)
Neuse River Basin / 3020201
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. (15A
NCAC 02H. 0295).
Signature Authority Name (print):
Signature: Date:
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NDRTHcaaouNa 919.791.4200
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