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Home My WebLink About20221617 Ver 2_Buffer Approval Letter_20240131DocuSign Envelope ID: C6CF37B6-6BE8-4DB9-8316-EC43CD302C01 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality January 31, 2024 DWR # 20221617 v2 Johnston County Eastfield Associates LLC Attn: Mr. Kevin Dougherty 101 S. Raiford St, Suite 200 Selma NC 27576 Delivered via email to: kmd@adventuredev.com Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL CONDITIONS Project: Eastfield Development Dear Mr. Dougherty: 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) August 16, 2023 and subsequent information on October 31, 2023, November 11, 2023, December 20, 2023 and January 24, 2024. These impacts are covered by this Neuse BUFFER AUTHORIZATION CERTIFICATE which includes 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. Please be aware that impacting waters without first applying for and securing the issuance of a Neuse Buffer Authorization Certificate violates Title 15A of the North Carolina Administrative Code (NCAC) 2B .0714. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation 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. Impacts for SCM outlets are "Deemed Allowable" activities in accordance with the Neuse Buffer Rules and are not shown in the table below. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)] � 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 oaa..m.mof�runn,aM,lOual\ /� 919.707.9000 DocuSign Envelope ID: C6CF37B6-6BE8-4DB9-8316-EC43CD302C01 Eastfield Development DWR# 20221617 v2 Buffer Authorization Certificate Page 2 of 6 Type of Impact Amount Approved Amount Approved Mitigation Required (units) (units) Permanent Temporary Buffers —Zone 1 Impact F — road crossing 3744 (square feet) 0 (square feet) 0 credits Impact G* — road 5590 (square feet) 0 (square feet) 0 credits crossing Impact G* — parallel 7700 (square feet) 0 (square feet) 23,100 credits road fill Buffers — Zone 2 Impact F— road crossing 2513 (square feet) 0 (square feet) 0 credits Impact G* — road 1229 (square feet) 0 (square feet) 0 credits crossing Impact G* — parallel 8883 (square feet) 0 (square feet) 13,325credits road fill *After the Fact authorization 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: 1. 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. [15A NCAC 02B .0295; 15A NCAC 02B .0714(12)] Compensatory Mitigation Required River and Sub -basin Number Neuse Buffer 1 36,425 square feet (credits) Neuse / 03020201 D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources NORTH CAROL NA ��` !!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 oeprUm tofEmlmMIB�IOwI 919.707.9000 DocuSign Envelope ID: C6CF37B6-6BE8-4DB9-8316-EC43CD302C01 Eastfield Development DWR# 20221617 v2 Buffer Authorization Certificate Page 3 of 6 2. The Permittee shall restore the Neuse Buffer within Block E as indicated in the Buffer Restoration Plan submitted on January 24, 2024. The buffer restoration activities shall be completed prior to December 31, 2024. DWR shall be notified within 15 days of the completion of the restoration planting. The restoration area shall be monitored for success criteria and monitoring reports shall be submitted to the Division by December 31st of each monitoring year. Monitoring shall be conducted until the Division has conducted an inspection and determined that the buffer restoration activities are successful. [15A NCAC 02B .0295; 15A NCAC 02B .0714(12)] Eastfield Associates LLC shall record deed notifications of the Neuse Buffers on all applicable lots within Block E. Eastfield Associates LLC shall remain the responsible party for the Buffer Restoration Plan regardless of future ownership of the lots where restoration activities are conducted. [15A NCAC 0213.0295; 15A NCAC 02B .0714(12)] 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. 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#20221617v2 expires. D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources NORTH CAROL NA ��` !!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 oeprU—t of E"-"OwI 919.707.9000 DocuSign Envelope ID: C6CF37B6-6BE8-4DB9-8316-EC43CD302C01 Eastfield Development DWR# 20221617 v2 Buffer Authorization Certificate Page 4 of 6 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, Dfocnu'S.ig-ned ,by: �A 980C5097D80E4E9... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Electronic cc: Jeff Harbour, Terracon Matt Martin, USACE Raleigh Regulatory Field Office Gabriela Garrison, NCWRC Kelly Williams, DMS DWR 401 & Buffer Permitting Branch Electronic file Filename: 20221617v2 - Eastfield Dev - Johnston - Neuse BA.docx 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 CAROL 04patneMbfE I,—UI0-Ift /� 919.707.9000 DocuSign Envelope ID: C6CF37B6-6BE8-4DB9-8316-EC43CD302C01 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM January 31, 2024 Permittee: Eastfield Associates LLC DWR Project # 20221617 v2 Project Name: Eastfield Development County: Johnston The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to satisfy the mitigation requirements set forth in the Buffer Authorization issued to Eastfield Associates LLC, dated January 31, 2024 as provided in the table below. Compensatory Mitigation River and 8-digit HUC Number Neuse Buffer 36,425 square feet (credits) Neuse / 03020201 The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once DMS 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. The Division of Mitigation Services 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, DMS 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 02B .0295). Signature Authority Name (print): Signature: Date: � 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 oaa..m.mof�runn,aM,lOual\ /� 919.707.9000