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