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Home My WebLink About20081031 Ver 2_Approval Letter (Buffer)_20240919Docusign Envelope ID: B806C5D1-0BF8-46A1-B888-89319A1D76A5 RUY COOPER Governor MARY PENNY KELLEY Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality September 19, 2024 DWR # 20081031v2 Durham County Eagle Land LLC Attn: Anderson Marlowe 3700 Computer Drive, Suite 280 Raleigh, NC 27609 Delivered via email to: Marlowebuildersl@gmail.com Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE Project: Goodwin Crossing, 36.093963, -78.881459 Dear Anderson Marlowe: 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) July 25, 2024 with subsequent information on September 17, 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 (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 B1: Utility Crossing — Sewer Line 6874 (square feet) 0 (square feet) B2: Utility Crossing - Sewer Line 1955(square feet) 0 (square feet) B3: Utility Crossing - Sewer Line 2630 (square feet) 0 (square feet) Totals 11459 (square feet) 0 (square feet) NORTH CAROLINA geparhneM of Emimnmenlel quay North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 Docusign Envelope ID: B806C5D1-0BF8-46A1-B888-89319A1D76A5 Goodwin Crossing DWR# 20081031v2 Buffer Authorization Certificate Page 2 of 3 Buffers — Zone 2 B1: Utility Crossing - Sewer Line 3959 (square feet) 0 (square feet) B2: Utility Crossing - Sewer Line 1228 (square feet) 0 (square feet) B3: Utility Crossing - Sewer Line 1452 (square feet) 0 (square feet) Totals 6639 (square feet) 0 (square feet) 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 (919) 431-3000. 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 150B-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 DE Veparlmenl of Enironmenlal Oual� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 Docusign Envelope ID: B806C5D1-0BF8-46A1-B888-89319A1D76A5 Goodwin Crossing DWR# 20081031v2 Buffer Authorization Certificate Page 3 of 3 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 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 when the corresponding 401 Water Quality Certification Approval DWR#20081031v2 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Kristina Morales at 919-791-4258 or kristina.morales@deq.nc.gov if you have any questions or concerns. Electronic cc: Sincerely, DocuSigned by: LItiCLIALLtk 372DCBCB61 EE4A8... Michael Hall Regional Supervisor Division of Water Resources, Raleigh Regional Office Department of Environmental Quality George Buchholz, Colliers Engineering & Design(george.buchholz@collierseng.com) Julia Tillery, USACE Raleigh Regulatory Field Office Gabriela Garrison, NCWRC DWR 401 & Buffer Permitting Branch Electronic file Filename: 20081031v2_GoodwinCrossing_Durham_BufferAuthorization NORT D^ o�..m�em of Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200