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Home My WebLink About20160495 Ver 1_Approval Letter_20170815Water Resources ENVIRONMENTAL QUALITY June 29, 2016 Mungo Homes Attn: Geoff Shiley 2514 Reliance Ave. Apex, NC 27539 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWR #16-0495 Wake County Subject: GENERAL PERMIT FOR ISOLATED WATERS IMPACTS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (1SA NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Poplar Creek Subdivision Dear Mr. Shiley: You have our approval for the impacts listed below for the purpose described in your application dated May 10, 2016 and received by the Division of Water Resources (Division) on May 13, 2016 with additional information received on June 14, 2016. Non-404/Isolated Waters impacts are covered by State General Permit Number IWGP100000 and the conditions listed below. 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)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Stream 81 (linear feet) j 0 (linear feet) Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.nedenr.org/web/wq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Poplar Creek Subdivision DWR #16-0495 ISOLATED WATERS AND BUFFER APPROVAL Page 2 of 4 Stormwater Pond Compensatory Mitigation Required River and Sub - basin Number Buffers — Zone 1 6,165 (square feet) 0 (square feet) Stormwater Pond Buffers —Zone 2 5,420 (square feet) 0 (square feet) Stormwater Pond 2. Diffuse Flow Plan: Submittal of a Local Government Approval Required Because the stormwater management plan (SMP) approved by the.Town of Knightdale is being used to meet diffuse flow requirements on this project, you are required to submit one copy of the approved SMP, including plan details on full-sized plan sheets, with proof of the Town of Knightdales'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. 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 0213 .0233 (5)] 3. Compensatory Mitigation Using a Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from Wildland Holdings' North Fork Little River Nutrient and Buffer Bank to meet this mitigation requirement. Until Wildland Holdings receives and clears 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 Wildland Holdings to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: 4. . No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All 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] Compensatory Mitigation Required River and Sub - basin Number Buffers 26,625 (square feet) Neuse/03020201 4. . No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All 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] Poplar Creek Subdivision DWR #16-0495 ISOLATED WATERS AND BUFFER APPROVAL Page 3 of 4 5. Protective Fend 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)] 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 General Certification and is responsible,for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.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 First 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: Poplar Creek Subdivision DWR #16-0495 ISOLATED WATERS AND BUFFER APPROVAL Page 4 of 4 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 DEN R-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 DEN R-DWR —401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division for impacts to isolated and other non - jurisdictional waters and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri Smith at 919-791-4251 or cherri.smith@ncdenr.gov if you have any questions or concerns. Sin erely, Danny Smith Supervisor, Water Quality Regional Operations Section Enclosure: IWGP100000 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste. 105; Wake Forest, NC 27597 Jay Keller; Keller Environmental; 7921 Haymarket Ln.; Raleigh, NC 27615 DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit HWILDoiNGs � Mitigation Credit Transfer Certificate August 11, 2017 Mungo Homes Mr. Geoff Shiley, CEO 2514 Reliance Avenue Apex, NC 27539 c/o: Jay Keller, Keller Environmental RE: Bank Name: Old Savannah Nutrient Offset & Buffer Bank Bank Sponsor: Wildlands Holdings II, LLC (wholly owned by Wildlands Engineering, Inc.) DWR Project #: 2016-0611 Riparian Buffer Credits Purchased: 26,625 sq. ft. Neuse 03020201 River Basin Project name: Poplar Creek Subdivision Applicable Local Government/Municipality jurisdiction: NCDWR Dear Mr. Shiley: You have elected to fulfill your permitted nutrient offset mitigation requirements for the above mentioned project by paying into the Old Savannah Nutrient Offset & Buffer Bank sponsored by Wildlands Holdings II, LLC, wholly owned by Wildlands Engineering, Inc. ("The Bank"). The Bank has received full payment towards the nutrient offset requirements for the above referenced project. The project is located in the above mentioned jurisdiction which, as the governing municipality, is required to implement stormwater management requirements as part of the Neuse River Nutrient Strategy. The governing municipality must review and approve developer's stormwater management plans which are to include options to offset nutrients loads occurring at the development site. Payment into a private mitigation bank is acceptable per this nutrient strategy rule. The governing municipality specified and verified the amount of the nutrient offset necessary for approval of the stormwater permit as 26,625 sq. ft. of Riparian Buffer credits. The Bank has received full payment for mitigation for the above referenced project. You must also comply with any other state, federal or local government permits or authorization associated with this activity including SL 2009-337, and Act to Promote Compensatory Mitigation Banks. This payment into the Bank is not transferable. If you have any questions regarding the purchase of these credits, please contact me at (704) 332-7754 ex. 120 or ihazel hoff@wild landseng.com. Wildlands Holding II, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609 Sincerely, Ian M. Hazelhoff Wildlands Engineering, Inc. Land Acquisition iazelhoff@wildlandseng.com 0: (704) 332-7754 ex. 120 M: (205 807-0800 Cc: Ms. Katie Merritt, NC Division of Water Resources (bi-annually) Jay Keller, Keller Environmental Wildlands Holding II, LLC • Wildlands Engineering, Inc • 312 West Millbrook Road, Suite 225, Raleigh, NC 27609 Strickland, Bev From: Jay Keller <jay@kellerenvironmental.com> Sent: Tuesday, August 15, 2017 1:27 PM To: Higgins, Karen Subject: Poplar Creek; DWR 16-0945 Attachments: Poplar Creek Subdivision - BMU Transfer Certificate 08-11-17.pdf, Poplar Creek DWR Permit 6-29-16.pdf Hope you're doing well Karen. Please find attached the Transfer Certificate from Wildlands along with the DWR Permit. The riparian buffers have been removed from the site and the site is in good condition. Please let me know if you need anything else or have any questions. Thanks, Jay Jay Keller Principal Keller Environmental (919) 749-8259 (984) 242-4416 fax 1