20221105 Ver 1_Buffer Approval Letter_20221010

DocuSign Envelope ID: E39CDFE4-5446-4586-A769-69284D3FE103
o�t STATE
ti
ROY COOPER
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
October 10,2022
DWR#20221105
Wake County
Town of Cary
Attn: Eric Kulz
P.O. Box 8005
Cary,NC 27512-8005
(via email: [e-mail])
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
103 Birklands—Sanitary Sewer Service Repair/Streambank Stabilization
Dear Eric Kulz:
You have our approval for the impacts listed below for the purpose described in your application dated
August 16,2022,received by the Division of Water Resources(Division)August 16,2022,and with
payment received August 18, 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#20221105 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 Amount Approved
(units) (units)
Permanent Temporary
Buffers—Zone 1
B1: Stabilization/Rip Rap 230 (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)]
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
D���� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINq
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DocuSign Envelope ID: E39CDFE4-5446-4586-A769-69284D3FE103_ ands—Sanitary Sewer Service Repair/Streambank Stabilization
DWR#20221105
Buffer Authorization Certificate
Page 2 of 2
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
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
If the parry 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 Zach Thomas at 919-791-4255 or [e-mail]
if you have any questions or concerns.
Sincerely,
DocuSigned by:
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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
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NoarH cnaouNn 919.791.4200
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