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Home My WebLink About20210224 Ver 1_Buffer Approval Letter_20220415DocuSign Envelope ID: 61 E0193E-8716-4AFF-B77E-E4DA939D9F7A ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 15, 2022 DWR # 20210224 Durham County Terramor Homes Attn: Jonathan Holtvedt 7208 Falls of Neuse Road Raleigh, NC 27615 ( Delivered via email to: jholtvedt@terramorhomes.com ) Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS Westpoint Residential Development Dear Mr. Holtvedt: You have our approval for the impacts listed below for the purpose described in your application dated September 16, 2021 and fee received September 17, 2021 and subsequent information on December 16, 2021 and March 28, 2022 and by public notice issued by the Division on September 27, 2021 and public hearing held by the Division on January 20, 2022. These impacts are covered by the Neuse River Basin Riparian Buffer Rules (15A NCAC 02B .0714 and .0611) and the conditions listed below. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Clean Water Act Section 404 and/or 401 Authorizations, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The following impacts are hereby approved, provided that all of the Conditions listed below and all of the conditions of the Neuse River Basin Riparian 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 Al - Road Crossing 8,316 (square feet) 0 (square feet) B1 — Utility Crossing 460 (square feet) 0 (square feet) Buffers — Zone 2 Al - Road Crossing 4,833 (square feet) 0 (square feet) B1 — Utility Crossing 1,388 (square feet) 0 (square feet) A2 — Utility Crossing/Sewer Replacement 764 (square feet) 0 (square feet) GDE NORTH C OLI JA ' omm mr� ep..of o�.i North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: 61 E0193E-8716-4AFF-B77E-E4DA939D9F7A This approval requires you to follow the following additional conditions: Westpoint Residential DWR# 20210224 Buffer Authorization Page 2 of 3 1. Dispersed Flow All stormwater must be directed and maintained meet dispersed flow as defined in 15A NCAC 02H .1002. Any stormwater release must at non -erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream. [15A NCAC 02B .0714(9)] 2. 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 the Authorization. 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 approval letter and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)] 3. The permittee shall report to the Raleigh Regional Office any noncompliance with this Authorization Certificate, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. 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. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 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 D_E NORTH CAROLINA gaparhneM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DocuSign Envelope ID: 61 E0193E-8716-4AFF-B77E-E4DA939D9F7A Westpoint Residential DWR# 20210224 Buffer Authorization Page 3of3 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization 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 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 number WQC004796 (DWR # 20210224) expires. This letter completes the review of the Division under the Neuse River Basin Riparian Buffer Rules. Please contact Paul Wojoski at 919-707-9015 or Paul.Wojoski@ncdenr.gov if you have any questions or concerns. Electronic cc: Camden Brunick, S&EC DWR RRO DWR 401 & Buffer Permitting Branch file D_E NORTH CAROLINA gaparhneM of Environment,/quay Sincerely, (---DocuSigned by: Rt4t 0 .0 `— 949D91BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Filename: 20210224_Westpoint_(Durham)_N RB North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000