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Home My WebLink About20201461 Ver 1_Buffer Approval Letter_20210830DocuSign Envelope ID: 354B4389-42EF-45EE-A73F-2B8A3331 D94F ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality August 30, 2021 DWR # 20201461 Wake County City of Raleigh -Public Utilities Department Attn: Matthew Cotton 1 Exchange Plaza Raleigh, NC 27601 (delivered via email to Matthew.Cotton@roleighnc.gov) Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS Rocky Branch Sewer Upgrade Mr. Cotton, You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on July 28, 2021 (fee receipt date). 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 SB (Site 5): Sewer Line 120 (square feet) 0 (square feet) Rocky Branch (Site 1): Sewer Line 1, 150 (square feet) 0 (square feet) Buffers — Zone 2 SB (Site 5): Sewer Line 1,420 (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)] D �� North Carolina Department of Environmental Quality f Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center Raleigh, North Carolina 27699-1650 NORIN GAHOLINA + "M e�tm��i mmema oueu\ r 919.707.9000 DocuSign Envelope ID: 354B4389-42EF-45EE-A73F-2B8A3331 D94F City of Raleigh DWR# 20201461 Buffer Authorization Certificate Page 2 of 3 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. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 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 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 regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR # 20201461 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Rick Trone at rick.trone@ncdenr.gov if you have any questions or concerns. North Carolina Department of Environmental Quality 1 Division of Water Resources 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650 NIJ�T� rAPGL:N4 � aeo•n,�m or �,vo-�mema auauh 919.707,9000 DocuSign Envelope ID: 354B4389-42EF-45EE-A73F-2B8A3331 D94F City of Raleigh DWR# 20201461 Buffer Authorization Certificate Sincerely, DOCUSSiigned by: �GwtG �O L� 949D91 BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch cc: Heather Smith, VHB (via email) Lyle Phillips, USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch electronic file Page 3 of 3 Filename: 20201461 Ver 1—Rocky Branch Sewer Upgrade —Wake —NBA North Carolina Department of Environmental Quality 1 Division of Water Resources Noar� CAROLINA 512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650 ne rtwtm�.+mnm"+n uh 919.707,9000