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HomeMy WebLinkAbout20161251 Ver 1_More Info Received - Email_20170427Burdette, Jennifer a From: jason.hartshorn@kimley-horn.com Sent: Thursday, April 27, 2017 8:50 AM To: Burdette, Jennifer a Subject: FW: Mitigation Credit Transfer Certificate Buffer - Parkstone Attachments: Transfer Certificate Selma Mill DWR (Parkstone) 043017.pdf; Neuse Bank Credit Ledger (Selma Buffer) 042617.pdf, Parkstone_401_Approval_20170112.pdf Hey Jennifer - We recently permitted the Parkstone Site in Knightdale for Knightdale Development Ownership, LLC under the 2012 Nationwide Permits (401 issued January 12, 2017, and attached for convenience). The developer does not anticipate construction being completed before March 2018 when the 2012 grandfathering provision expires, so we submitted new permit applications under the 2017 Nationwide Permits on April 19, 2017. As noted in the permit reapplication, mitigation credits were already in process of being purchased based on the January 12, 2017 authorizations, scheduled to be completed by the end of April. As shown on the attached documentation from RES, the mitigation purchase has been completed. I am not sure how you need to sort out all of that documentation between the old permit, new application, and credit purchase, so feel free to give me a call if you need to talk through any of this or if you need any additional documentation. Thanks! -Jason Jason Hartshorn, PWS Faietteville Street From: Cara Conder [mailto:cconder@res.us] Sent: Wednesday, April 26, 2017 5:00 PM To: Hartshorn, Jason <jason.hartshorn@kimley-horn.com> Cc: Long, Brian <blong@Widewaters.com>, Crombie, Melinda <mcrombie@Widewaters.com> Subject: Mitigation Credit Transfer Certificate Buffer - Parkstone Jason, Please find attached the Mitigation Credit Transfer Certificate and corresponding buffer credit ledger showing the offset for the Parkstone project. I wasn't sure who at DWR to send this to, so can you please forward along? If you have any questions please let me know. Thanks, Ca ra Cara Conder I NC Project Manager I Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 1 Raleigh, NC 27605 Direct: 919.209.1052 1 Cell: 843. 6.2312 e pres Mitigation Credit Transfer Certificate Prepared by EBX-NEUSEI, LLC April 26, 2017 Joseph R.Scuderi The Widewaters Group, Inc. 5786 Widewaters Parkway Dewitt, NY 13214-0003 Selma Mill Bank Parcel ID: DWR Project 4 2014-0704v2 Riparian Buffer Credits Purchased: 58,452.00 (ft') 8 digit-HUC — 03020201 Neuse River Basin Project Name: Parkstone Site (DWR Project #16-1251) You have elected to fulfill your permitted buffer mitigation requirements for the Parkstone Site project by paying into the Neuse Riparian Buffer and Nutrient Bank (Selma Mill Site). The Bank has received full payment for buffer mitigation for the above referenced project for a total of 58,452.00 buffer credits. Riparian buffer impacts occurred in the Neuse River Basin. The amount of buffer mitigation required is specified and verified by DWR in project 416-1251 and is 58,452.00 ft'. You must also comply with any other state, federal or local government permits or authorization associated with this activity including SL 2009-337, An Act to Promote Compensatory Mitigation Banks. This payment into the Bank is not transferable. If you have any questions or need additional information, please contact Cara Conder at 919-209-1052 or cconder@res.us. Sincerely, 0, o I Cara S. Conder NC Project Manager Resource Environmental Solutions, LLC cc: DWR - Katie Merritt, Nutrient Offset Bank Coordinator Kimley-Horn — Jason Hartshorn Resource Environmental Solutions, LLC . 302 Jefferson Street, Suite 110 . Raleigh, NC 27605 Water Resources ENVIRONMENTAL QUALITY January 12, 2017 Knightdale Development Ownership, LLC c/o The Widewaters Group Attn: Joseph Souderi, Manager P.O. Box 3 Dewitt, NY 13214-0003 ROY COOPER Governor S. JAY ZIMMERMAN Director DWR #16-1251 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE .PER THE NEUSE RIVER BASIN RIPARIAN BUFFER . PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Parkstone Site Dear Mr. Souderi: You have our approval for the impacts listed below for the purpose described in your application dated December 16, 2016 and received by the Division of Water Resources (Division) on December 19, 2016. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233(8)] Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wqlaps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Parkstone Site DWR #16-1251 401 AND BUFFER APPROVAL Page 2of5 Type of impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream 185 (linear feet) 61 (linear feet) S1 Stream 114 (linear feet) 0 (linear feet) S2 Buffers — Zone 1 14,257 (square feet) 0 (square feet) Road Crossing Buffers — Zone 2 9,087 (square feet) 0 (square feet) Road Crossing Buffers —Zone 1 0 (square feet) 0 (square feet) Stormwater Pond Buffers — Zone 2 1,367 (square feet) 0 (square feet) Stormwater Pond lPlan (SMP) Approval copy qty Required You are required to provide one copy (hard o di digital) of he approved SMP, including plan details on full-sized plan sheets, with proof of the Town of Knightdale's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After it approved and submitted to the Division, the.SMP may not be modified without prior written authorization from the Town of Knightdale. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)) 3. CompensatorV Mitigation Usin a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received a Statement of Availability letter from EBX-Neuse 1, LLC to meet the buffer mitigation requirement. Specific Dank sites that will be debited will either be Arrington Bridge I, Arrington Bridge II, Buffalo Branch, Selma Mill, Cedar Grove, Ezell, and/or Hatley, all located in HUC 03020201, The Division has received a Statement of Availability from the EBX-Neuse sponsored Neu - Con Wetland & Stream Umbrella Mitigation Bank, specifically the Selma Mill Site in Neuse H.UC 03020201 to the meet the stream mitigation requirement. Until the EBX-Neuse I, LLC and EBX receive and clear your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Parkstone Site DWR #16-1251 401 AND BUFFER APPROVAL Page 3 of 5 EBX-Neuse I, LLC and EBX to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)1: Compensatory Mitigation River & Sub - Required basin Number Buffer 58,452 (square feet) 03020201. Stream 185 (linear feet) 03020201 4. No Waste S oil Solids or Fill of Ay kind p an areas No waste, spoil, solids, or fill of an kind shall occur �n wetlands, waters, i c io beyond the footprint of the impacts depicted in the Pre -Construction Notification. A I construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502] 5. Proms Fencin The outside buffer, wetland or water boundary and along. the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)j 6. 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 the Certification and Buffer Authorization. if you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and Genera! Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)1 7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Parkstone Site DWR #16-1251 401 AND BUFFER APPROVAL Page 4 of 5 Administrative Hearings (hereby known as OAH), A petition form may be obtained from the OAH at http:/Zwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission, Mailing address for the OAH: If sending by Frrst Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road. Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR-DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR-DWR-401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 Parkstone Site DWR #16-5251 401 AND BUFFER APPROVAL Page 5 of 5 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri Smith at 919-791-4251 or cherri.smitb@ncdenr.gov if you have any questions or concerns. Si cer ly, Danny Smith Supervisor, Water Quality Regional Operations Section Enclosure: GC 3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste, 105; Ware Forest, NC 27597 ,Eason Hartshorn; Kimley-born; 421 Fayetteville St., Ste. 600; Raleigh, NC 27601 DWR RRO 401/R parian Buffer file DWR 401 & Buffer Permitting Unit