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Home My WebLink About20041488 Ver 9_Buffer Approval Letter_20220421DocuSign Envelope ID: 94DD7660-E130-45B2-95F2-40C72976F3F8 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHAM E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality April 21, 2022 DWR # 20041488 v9 Johnston County DR Horton — Terramor LLC Attn: Jonathan Holtvedt 7208 Falls of Neuse Rd, Suite 201 Raleigh, NC 27615 (via email jholtvedt@terramorhomes. com) Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Winston Pointe Dear Mr. Holtvedt: You have our approval for the impacts listed below for the purpose described in your application dated December 22, 2021, received by the Division of Water Resources (Division) December 22, 2021 and with payment received January 4, 2022, and additional information received on the following dates: March 10, 2022; March 11, 2022; March 30, 2022; and March 31, 2022. These impacts are covered by the Neuse River Buffer Rules 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) 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 Buffer Rules are met. No other impacts are approved, including incidental impacts. [ 15A NCAC 02B Neuse .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 B1: Road Crossing A 5,846 (square feet 0 (square feet B2: Road Crossing — Non -Perpendicular 2,110 (square feet) 0 (square feet B3: Road Crossing 6,880 (square feet 0 (square feet Buffers — Zone 2 B 1: Road Crossing 3,270 (square feet 0 (square feet B2: Road Crossing — Non -Perpendicular 3,529 (square feet) 0 (square feet B3: Road Crossing 2,918 (square feet) 0 (square feet) North Carolina Department of Environmental Quality I Division of Water Resources 4NORT�HCv Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTHCAROUNA 919.791.4200 Department ofEnvlronmantal Duali� DocuSign Envelope ID: 94DD7660-E130-45B2-95F2-40C72976F3F8 Winston Pointe DWR# 20041488 v9 Buffer Authorization Certificate Page 2 of 3 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 the EBX-Neuse I, Neuse Riparian Buffer Umbrella Mitigation Bank (EBX-Neuse I, LLC) and the EBX Upper Neuse Riparian Buffer Umbrella Bank (EBX) to meet this mitigation requirement located in HUC 03 02020 1. Specific bank sites that will be debited will be from the following: Buffalo Branch, Bucher, Selma Mill, Cedar Grove, Polecat, Stone Creek, Hannah Bridge, Meadow Spring, Poplar Creek, Uzzle, and/or Hatley. Until EBX-Neuse I, LLC and/or EBX receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Certification shall occur. For accounting purposes, this Certification authorizes payment to EBX-Neuse I, LLC and/or EBX to meet the following compensatory mitigation requirement [ 15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Bank Sponsor River & Sub -basin Number Required Buffer -Zone 1 6,330 (square feet) EBX-Neuse I, LLC and/or Neuse: 0302020 1 -Outside EBX Falls Lake Watershed Buffer -Zone 2 4,526 (square feet) EBX-Neuse I, LLC and/or Neuse: 0302020 1 -Outside EBX Falls Lake Watershed Total: 1 10,856 (square feet Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. 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 D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 NoarHcnaouNn 919.791.4200 oepanmem or enrimnmenWl ouai� DocuSign Envelope ID: 94DD7660-E130-45B2-95F2-40C72976F3F8 Winston Pointe DWR# 20041488 v9 Buffer Authorization Certificate Page 3 of 3 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 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#20041488 v9 expires. This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Colleen Cohn at 919-791-4258 or Colleen.Cohngncdenr.gov if you have any questions or concerns. Sincerely, Docu Signed by: Sc a{t 1061-4 sin, BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: DWR 401 & Buffer Permitting via Laserfiche Camden Brunick, Soil & Environmental Consultants (via email) Deborah Shirley, Soil & Environmental Consultants (via email) D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 NoarHcnaouNn 919.791.4200 oepanmem or enrimnmenWl ouai�