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HomeMy WebLinkAbout20170557 Ver 1_Approval Letter - MOD_20190612ROY COOPER Governor MICHAEL S. REGAN Serrerory LINDA CULPEPPER Director Lennar Carolinas, LLC 909 Aviation Parkway Suite 700 Morrisville, NC 27560 NORTH CAROLINA Environmental Quality June 12, 2019 DWR # 17-0557 - MOD 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 Grigsby To Whom It May Concern: The 401 Water Quality Certification and Neuse Riparian Buffer Authorization for the Grigsby project was issued July 20, 2017. On May 31, 2019, the Division of Water Resources (Division) received a modification request from Jim Spangler, Spangler Environmental, Inc. In the modification request, Mr. Spangler asked "Wildlands Holdings 11, LLC" to be replaced by "Wildlands Holdings 111, LLC' for the buffer mitigation. By copy of this letter, Condition #3 of the 401 Water Quality Certification and Neuse Riparian Buffer Authorization for the Grigsby project is revised as follows: 3. Compensatory mitigation Using the Division of Mitigation Services DMS Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the DMS to meet this mitigation requirement. Until the DMS 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 the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Required River & Sub -basin Number Stream 1 216 (linear feet) 03020201 North Carolina I?cportment of Fnvlrunm(!rwj1 Quality I Division ul'VYatcr Resources S1Z Nur1h SAishtsry Strc•ct IbG h1a11 Scrvii c Gcntcr R.dciyl�. North Carolina lih't'1 Ihll u"""""'"'io"'a"""ro "e �� 914,7074()()0 Lennar Carolinas, LLC DWR# 17-0557 - MOD June 12, 2019 Page 2 of 3 Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from Wildlands Engineering to meet this mitigation requirement. Until Wildlands Engineering 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 Wildlands Engineering to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Required Bank Sponsor River & Sub -basin Number Wetland 0.2244 (acres) Wildlands Holdings II, LLC 03020201 Buffer 31,138.5 (square feet) Wildlands Holdings III, LLC 03020201 All other conditions in the July 20, 2017 401 Water Quality Certification and Neuse Riparian Buffer Authorization for the Grigsby project remain unchanged and are in effect. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification/Buffer Approval can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. 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. 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 via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 if sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 Lennar Carolinas, LLC DWR# 17-0557 - MOD June 12, 2019 Page 3 of 3 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 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 0213 .0233. Please contact me at 919-707-3630 or karen.higgins@ncdenr.gov if you have any questions or concerns. Sincerely, 11�J1_l�� r f Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc; Jim Spangler, Spangler Environmental, Inc., (via email) DWR 401 & Buffer Permitting Branch file Filename: 170557Grigsby(Wa ke)_401_GC_NRB_MOD