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Home My WebLink About20191710 Ver 2_Buffer Approval Letter_20220527DocuSign Envelope ID: 8CB7BB73-C351-4492-955E-7719F97147AA ROY COOPER Governor ELIZABETH S. BISER Secretary RICHAM E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality May 27, 2022 DWR # 20191710 v2 Wake County Southern Purchasing Group, LLC Attn: Nathan Becker 3209 Poole Road Raleigh, NC 27610 (via email nathan@bigrealthy.com) Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Poole Road Townhomes Dear Mr. Becker: You have our approval for the impacts listed below for the purpose described in your application dated January 27, 2022, received by the Division of Water Resources (Division) January 27, 2022, with payment received February 1, 2022, and additional information received March 9, 2022 and March 29, 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. This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20191710 v2 expires. 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 12,042 (square feet 0 (square feet Buffers — Zone 2 B 1: Road Crossing 6,271 (square feet 0 (square feet Compensatory Mitigation Using the Division of Mitigation Services (DMS) 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: 8CB7BB73-C351-4492-955E-7719F97147AA Poole Road Townhomes DWR# 20191710 v2 Buffer Authorization Certificate Page 2 of 3 Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS 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 the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(c)]: Compensatory Mitigation Bank Sponsor River & Sub -basin Required Number Buffer -Zone 1 12,042 (square feet) NC DEQ DMS Neuse: 03020201 Zone 1 @ 3:1) Buffer -Zone 2 6,271 (square feet) NC DEQ DMS Neuse: 03020201 Zone 2 1.5:1 Total: 1 45,533 (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 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 D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 Depanmem of Envlmnmenml Dual DocuSign Envelope ID: 8CB7BB73-C351-4492-955E-7719F97147AA Poole Road Townhomes DWR# 20191710 v2 Buffer Authorization Certificate Page 3 of 3 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 15013-23(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 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.Cohnkncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: SCbf v%ivusm, 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 Sean Clark, Sage Ecological Services (via email) D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CAROLINA 919.707.9000 Depanmem of Envlmnmenml Dual