Loading...
HomeMy WebLinkAbout20240269_Weldon Subdivision_NBR_Wake_MRT.docx.pdf DocuSign Envelope ID: E8ACOCBA-C99B-454D-9E9E-273BO5A157DA o�t STATE y ROY COOPER Governor _ �2 ELIZABETH S.BISER s n% Secretary RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality April 12, 2024 DWR#20240269 Wake County DRB Group North Carolina, LLC Attn: Ric Rojas 3000 RDU Center Drive, Suite 202 Raleigh, NC 27560 Delivered via email to: rrolas@dbrgroup.com Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL CONDITIONS Project: Weldon Subdivision Dear Ric Rojas: 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) February 13, 2024,fee received February 15, 2024, and subsequent information on March 20, 2024, and March 22, 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 Amount Approved Mitigation (units) (units) Amount Permanent Temporary Required Buffers—Zone 1 131 (Impact 1): Road Crossing 7,503 (square feet) 0 (square feet) 0 (credits) B2 (Impact 2): Road Crossing 8,219 (square feet) 0 (square feet) 0 (credits) B4 (Impact 4A): Stormwater Bypass 1,352 (square feet) 0 (square feet) 0 (credits) B4 (Impact 413): Sewerline Easement 293 (square feet) 0 (square feet) 879 (credits) B9 (Impact 913): Sewerline Easement 120 (square feet) 0 (square feet) 0 (credits) 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 CAROLINA, 919.791.4200 DocuSign Envelope ID: E8ACOCBA-C99B-454D-9E9E-273BO5A157DA Weldon Subdivision DWR#20240269 Buffer Authorization Certificate Page 2 of 5 139 (Impact 9C): Greenway 521 (square feet) 0(square feet) 0(credits) Totals: 18,008(square feet) 0(square feet) 879(credits) Buffers—Zone 2 131 (Impact 1): Road Crossing 5,067 (square feet) 0 (square feet) 0(credits) B2 (Impact 2): Road Crossing 4,453 (square feet) 0(square feet) 0(credits) B3 (Impact 3): Grading-SCM 6,536 (square feet) 0(square feet) 0(credits) B4(Impact 4A): Stormwater Bypass 303 (square feet) 0(square feet) 0(credits) B5 (Impact 5): Road Retaining Wall & 854(square feet) 0(square feet) 1,281 (credits) Grading B7 (Impact 7C): Grading-SCM 1,630(square feet) 0(square feet) 0(credits) B8 (Impact 8Q Greenway 2,770(square feet) 0 (square feet) 0 (credits) B9 (Impact 913): Sewerline Easement 1,069 (square feet) 0 (square feet) 0 (credits) B9 (Impact 9Q Greenway 6,499 (square feet) 0 (square feet) 0 (credits) Totals: 29,181 (square feet) 0(square feet) 1,281 (credits) *Buffer impacts 4B(Zone 2),6,7A,78,8A,88,and 9A included on the impact maps are not included in this table as they are considered deemed allowable impacts under 15A NCAC 02B.0714(10)(a)(i). 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 .07141. 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 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 02B .0295; 15A NCAC 02B .0714(12)] Compensatory Mitigation Required River and Sub-basin Number Neuse Buffer 2,160 square feet(credits) Neuse Basin/03020201 (Outside Falls Lake) D ��� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CAROL ��iosi� �f 919.791.4200 DocuSign Envelope ID: E8ACOCBA-C99B-454D-9E9E-273BO5A157DA Weldon Subdivision DWR#20240269 Buffer Authorization Certificate Page 3 of 5 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#20240269 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Zach Thomas at 919-791-4255 or zachary.thomas@deg.nc.gov if you have any questions or concerns. Sincerely, E Doc'u,SiAgne'd by: UI�(�C�l� fka 372DCBCB61EE4A8— Michael Hall Regional Supervisor Division of Water Resources, Raleigh Regional Office Department of Environmental Quality 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 CAROL MbfEM,��io�si� �f 919.791.4200 DocuSign Envelope ID: E8ACOCBA-C99B-454D-9E9E-273BO5A157DA Weldon Subdivision DWR#20240269 Buffer Authorization Certificate Page 4 of 5 Electronic cc: Deborah Shirley (Soil & Environmental Consultants, Inc.) Matthew K. Martin, USACE Raleigh Regulatory Field Office Gabriela Garrison, NCWRC DWR 401 & Buffer Permitting Branch Electronic file Filename: 20240269 Weldon Subdivision NBR Wake MRT.docx 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 CAROLINA MbfEM,��iosi� �f 919.791.4200 DocuSign Envelope ID: E8ACOCBA-C99B-454D-9E9E-273BO5A157DA o�t STATE y ROY COOPER Governor _ �2 ELIZABETH S.BISER s n% Secretary RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM April 12, 2024 Permittee: Ric Rojas and DRB Group North Carolina, LLC DWR Project#20240269 Project Name: Weldon Subdivision County:Wake The Division has received a Statement of Availability(SOA)from EBX Neuse I, LLC and Environmental Banc and Exchange, LLC for 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, and RES 2022 Phase II Umbrella Mitigation Bank(Mitigation Provider)for the use of Bucher, Selma Mill, Hannah Bridge, Meadow Spring, Polecat, Stone Creek, Poplar Creek, Uzzle, Shady Grove, Wolf King,Thunder Swamp II, and Caraway Bluff II Bank site(s)to satisfy the mitigation requirements set forth in the Buffer Authorization issued to Ric Rojas and DRB Group North Carolina, LLC, dated April 12, 2024, as provided in the table below. Compensatory Mitigation River and 8-digit HUC Number Neuse Buffer 2,160 square feet (credits) Neuse River/03020201 (Outside Falls Lake) 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 Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CAROLINA, 919.791.4200