20210252 Ver 1_Buffer Approval Letter_20211110

November 10, 2021

DWR # 20210252
Durham County

Beazer Homes, LLC
Attn: Mike Snoberger
801 Corporate Center Drive
Raleigh, NC 27607
(delivered via email to [e-mail])

Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Shoccoree

Mr. Snoberger,
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 February 2, 2021, and subsequent information
on September 7, 2021, and November 5. This Authorization replaces the Authorization issued on
November 5, 2021. These impacts are covered by the Neuse Buffer Rules and the conditions listed
below. 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: Road access 5,390 (square feet) 0 (square feet)
Buffers – Zone 2
B1: Road access 4,039 (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)]
DocuSign Envelope ID: 4CDEA3CD-2C82-4124-8AFF-E4CCBD53310B

Beazer Homes, LLC
DWR# 20210252
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 .0734]. 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.
Additional Conditions:

1. Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received a Statement of Availability letter from Wildlands Holdings and the Catfish
Pond II Mitigation Bank Instrument. The specific bank to be debited is the Catfish Pond II Bank
Parcel to meet this mitigation requirement in HUC 03020201. Until Wildlands Holdings 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 Holdings to meet the following
compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation
Required
Bank Sponsor River & Sub-basin
Number
Buffer-
Zone 1 16,170 (square feet) Wildlands Holdings Neuse: 03020201-Upper
Falls Lake Watershed
Buffer-
Zone 2 6,058.5 (square feet) Wildlands Holdings Neuse: 03020201-Upper
Falls Lake Watershed
Total: 22,228.5 (square feet)

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:

DocuSign Envelope ID: 4CDEA3CD-2C82-4124-8AFF-E4CCBD53310B

Beazer Homes, LLC
DWR# 20210252
Buffer Authorization Certificate
Page 3 of 3

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#20210252 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 [e-mail] if you have any questions or
concerns.

Sincerely,

Paul Wojoski, Supervisor
401 & Buffer Permitting Branch

cc: Lisa Long, Spangler Environmental (via email)
April Norton, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch electronic file

Filename: 20210252 Ver 1_Shoccoree_Durham_NBA

DocuSign Envelope ID: 4CDEA3CD-2C82-4124-8AFF-E4CCBD53310B