20191700 V3_Fenton (Streambank Stabilization)_NBR_Wake.docx.pdf

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
a STATE w
ROY COOPER = o
Governor
ELIZABETH S.BISER ` ,
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
February 1, 2024
DWR# 20191700 V3
Wake County
USEF HCG Fenton, LLC
Attn: Kurt Hartman
5 Ravinia Drive
Atlanta, GA 30346
Delivered via email to: [e-mail]
Subject: AFTER-THE-FACT APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION
CERTIFICATE
Project: Fenton (Streambank Stabilization)
Dear Kurt Hartman:
You have our approval for the impacts listed below for the purpose described in your
application dated and received by the Division of Water Resources (Division) December 1, 2023,
and subsequent information received January 16, 2024. These impacts are covered by the
Neuse Buffer Rules. This Buffer Authorization does not relieve the permittee of the
responsibility to obtain all other required Federal, State, or Local approvals before proceeding
with the project, including those required by, but not limited to, Sediment and Erosion Control,
Non-Discharge, Water Supply Watershed, and/or Stormwater regulations.
The following impacts are hereby approved, provided that all of the Conditions listed below,
and all of the conditions of the Neuse Buffer Rules are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B.0611(b)(2)]
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Buffers—Zone 1
B1: Existing Scour Hole Stabilization 220 (square feet) 0 (square feet)
� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR# 20191700 V3
After-The-Fact Buffer Authorization Certificate
Page 2 of 3
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 this Authorization
Certificate. If you change your project, you must notify the Division and you may be required to
submit a new application package. If the property is sold, the new owner must be given a copy
of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC
02B.0611(b)(2)]
If you are unable to comply with any of the conditions below, you must notify the Raleigh
Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time
the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with the
conditions of this Authorization Certificate and/or any violation of state regulated riparian
buffer rules [15A NCAC 02B .0714 Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday)from the time the applicant became aware of the
circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon
the presentation of proper credentials, the Division may inspect the property.
This Authorization Certificate can be contested as provided in Chapter 150B of the North
Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the
North Carolina Office of Administrative Hearings (OAH) within sixty(60) calendar days.
Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General
Statutes and Title 26 of the North Carolina Administrative Code. Additional information
regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient
of the Authorization Certificate in accordance with N.C.G.S 15013-23(a).
This Authorization Certificate neither grants nor affirms any property right, license, or privilege
in any lands or waters, or any right of use in any waters. This Authorization Certificate does not
authorize any person to interfere with the riparian rights, littoral rights, or water use rights of
any other person, nor does it create any prescriptive right or any right of priority regarding any
usage of water. This Authorization Certificate shall not be interposed as a defense in any action
D � � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
MbfEM,��io�a� �f 919.791.4200

DocuSign Envelope ID:92BDOB47-3084-489C-A8D3-9DA8372006B9
Fenton (Streambank Stabilization)
DWR# 20191700 V3
After-The-Fact Buffer Authorization Certificate
Page 3 of 3
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Authorization Certificate to possess any prescriptive
or other right of priority with respect to any other consumptive user.
This Authorization shall expire five (5)years from the date of this letter/when the
corresponding 401 Water Quality Certification Approval DWR#20191700 V3 expires.
This letter completes the Division's review under the Neuse Riparian Buffer Rules as described
in 15A NCAC 02B .0714. Please contact Zach Thomas at 919-791-4255 or
[e-mail] if you have any questions or concerns.
Sincerely,
E
DocuSigned by:
U&Ad (�A
372DCBCB61EE4A6...
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
cc: Jennifer Burdette, NRC, LLC ([e-mail])
Tim Warton, State of NC Property Office ([e-mail])
Gabriela Garrison, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file/Laserfiche
Filename: 20191700 V3_Fenton (Streambank Stabilization)_NBR_Wake.docx
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
MbfEM,��iosi� �f 919.791.4200