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Home My WebLink About20200024 Ver 2_Buffer Approval Letter_20220919DocuSign Envelope ID: 9BB8DEB5-9332-4E86-B906-A7BAA854A29A ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality September 19, 2022 DWR # 20200024 v2 Alamance County Desco GC Invest, LLC Attn: Mr. Eric Dischinger 600 Market Street, Suite 200 Chapel Hill, NC 27516 Delivered via email to: eric@descoinvest.com Subject: APPROVAL of JORDAN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Quarry Hills Subdivision — Phase 2 Dear Mr. Dischinger: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) April 21, 2022, and subsequent information on May 16, 2022, June 21, 2022 and September 1, 2022. These impacts are covered by the Jordan 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 Jordan Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0267(11) Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 Site 1 4454 (square feet) 0 (square feet) Buffers — Zone 2 Site 1 1700 (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 D_E NORTH CAROLINA napermrene m E,mimwren al gnaiiry North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105 336.776.9800 DocuSign Envelope ID: 9BB8DEB5-9332-4E86-B906-A7BAA854A29A Desco GC Invest LLC DWR# 20200024 v2 Buffer Authorization Certificate Page 2 of 3 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 .0267(11). If you are unable to comply with any of the conditions below, you must notify the Winston Salem 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 Winston Salem Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0267. 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. The Permittee shall comply with the NOV2020-BV-0003 - Notice of Violation — Buffer Restoration Plan Approval issued by the Division on April 8, 2020 and the with the NOV2020-BV-0003 - Notice of Violation — Buffer Restoration Acknowledgment issued by the Division on September 19, 2022. 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 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 NORTH raaoJNa Department at Environmental Puolity North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Raleigh, North Carolina 27105 336.776.9800 DocuSign Envelope ID: 9BB8DEB5-9332-4E86-B906-A7BAA854A29A Desco GC Invest LLC DWR# 20200024 v2 Buffer Authorization Certificate Page 3 of 3 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#20200024v2 expires. This letter completes the Division's review under the Jordan Riparian Buffer Rules as described in 15A NCAC 02B .0267. Please contact Sue Homewood at 336-776-9693 or Sue.Homewood@ncdenr.gov if you have any questions or concerns. Electronic cc: Sincerely, II DocuSigned by: ig Lily.. A;ICS- `— 145849E225C94EA... Lon T. Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Brad Luckey, Pilot Environmental Inc Chris Hopper, USACE Raleigh Regulatory Field Office Olivia Munzer, NCWRC DWR 401 & Buffer Permitting Branch Electronic file DEC) NORTH CAROLINA neperhrene m E,mimnmemel gearry North Carolina Department of Environmental Quality I Division of Water Resources Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 I Raleigh, North Carolina 27105 336.776.9800