HomeMy WebLinkAbout20221022 Ver 1_Buffer Approval Letter_20221026DocuSign Envelope ID: 8F9FE59B-8472-4212-939B-0EF3704C54EB
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
October 26, 2022
Pool or Pond Partners, LLC
Attn: George DeLoache
4001 Barrett Drive, Suite 104
Raleigh, NC 27609
(via email deloache@churchstreetco.com)
NORTH CAROLINA
Environmental Quality
DWR # 20221022
Durham County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
Hillandale Townhomes
Dear George DeLoache:
You have our approval for the impacts listed below for the purpose described in your application dated
July 27, 2022, received by the Division of Water Resources (Division) July 27, 2022, and with payment
received July 29, 2022, and additional information received on the following dates: August 2, 2022;
September 24, 2022; September 27, 2022; and October 26, 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#20221022 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
B 1: Rip Rap Dissipator
964 (square feet)
0 (square feet)
Buffers — Zone 2
B 1: Rip Rap Dissipator
336 (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. 115A NCAC 02B .0611(b)(2)]
£ D_E
NORTH CAROLINA
Department of Environmental Duality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office
919.791.4200
3800 Barrett Drive I Raleigh, North Carolina 27609
DocuSign Envelope ID: 8F9FE59B-8472-4212-939B-0EF3704C54EB
Welcome Venture Park
DWR# 20221128
Buffer Authorization Certificate
Page 2 of 3
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
Depaitinent 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.
NORTH nAROLMA
Department of Environmental Duality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200
DocuSign Envelope ID: 8F9FE59B-8472-4212-939B-0EF3704C54EB
Welcome Venture Park
DWR# 20221128
Buffer Authorization Certificate
Page 3 of 3
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.Cohn@ncdenr.gov if
you have any questions or concerns.
Sincerely,
DocuSigned by:
Scoff Vlbl,satA,
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
Kevin Martin, Soil & Environmental Consultants (via email)
NORTH nAROLMA
Department of Environmental Duality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200