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
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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