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Home My WebLink About20220419 Revised_Roleville Crossing_NBR_Wake_MRT North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 April 19, 2024 DWR # 20220419 Revised Wake County Lennar Corporation – Raleigh Division Attn: Eric Blocher 1100 Perimeter Park Drive, Suite 112 Morrisville, NC 27560 Delivered via email to: eric.blocher@lennar.com Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL CONDITIONS Project: Rolesville Crossing Dear Eric Blocher: 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) April 19, 2024. This Certification is being issued pursuant to a modification request submitted on April 18, 2024 to update the mitigation provider and permittee contact information. 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 Buffers – Zone 1 B1: Road Crossing – Non- Perpendicular 2155 (square feet) 0 (square feet) B2: Road Crossing 7607 (square feet) 0 (square feet) B3: Greenway Crossing 1634 (square feet) 0 (square feet) B4: Utility Crossing 16 (square feet) 0 (square feet) DocuSign Envelope ID: D82DD112-E35D-4524-8921-A052E5EABD23 North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 Rolesville Crossing Revision DWR# 20220419 Buffer Authorization Certificate Page 2 of 5 B5: Utility Crossing 6328 (square feet) 0 (square feet) Totals 17, 740 (square feet) 0 (square feet) Buffers – Zone 2 B1: Road Crossing – Non- Perpendicular 3245 (square feet) 0 (square feet) B2: Road Crossing 4468 (square feet) 0 (square feet) B3: Greenway Crossing 1165 (square feet) 0 (square feet) B4: Utility Crossing 3325 (square feet) 0 (square feet) B5: Utility Crossing 2521 (square feet) 0 (square feet) Totals 14, 724 (square feet) 0 (square feet) 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 19, 275 square feet (credits) Neuse / 03020201 DocuSign Envelope ID: D82DD112-E35D-4524-8921-A052E5EABD23 North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 Rolesville Crossing Revision DWR# 20220419 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 150B-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#20220419 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 919-791-4258 or kristina.morales@deq.nc.gov if you have any questions or concerns. Sincerely, Michael Hall Regional Supervisor Division of Water Resources, Raleigh Regional Office Department of Environmental Quality DocuSign Envelope ID: D82DD112-E35D-4524-8921-A052E5EABD23 North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 Rolesville Crossing Revision DWR# 20220419 Buffer Authorization Certificate Page 4 of 5 Electronic cc: Deborah Shirley Bill Harrell (bharrell@hoppercommunities.com) Richard G. Harmon, USACE Raleigh Regulatory Field Office Gabriela Garrison, NCWRC DWR 401 & Buffer Permitting Branch Electronic file Filename: 20220419 Revised_Rolesville Crossing_NBR_Wake_MRT.docx DocuSign Envelope ID: D82DD112-E35D-4524-8921-A052E5EABD23 North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM April 19, 2024 Permittee: Eric Blocher and Lennar Corporation – Raleigh Division DWR Project # 20220419 Project Name: Rolesville Crossing County: Wake The Division has received a Statement of Availability (SOA) from EBX-Neuse I, LLC and Environmental Banc & 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 Mil, Hanah 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 Certificate issued to Eric Blocher, dated April 19, 2024 as provided in the table below. Compensatory Mitigation Required River and Sub-basin Number Neuse Buffer 19, 275 square feet (credits) Neuse / 03020201 (Outside of 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. (15A NCAC 02H. 0295). Signature Authority Name (print): ________________________________________________________ Signature: ____________________________________________ Date: ________________________ DocuSign Envelope ID: D82DD112-E35D-4524-8921-A052E5EABD23