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Home My WebLink About20230174 Ver 1_Approval Letter_20230526 (2) e,,,STATE aFA' ROY COOPER Governor ELIZABETH S.BISER Secretary *�`QUAM N°`�'* RICHAM E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality May 26, 2023 DWR#20230174 Wake County Ashton Raleigh Residential, LLC Attn: Raymond Rinker 4025 Lake Boone Trail, Suite 200 Raleigh,NC 27607 (via email raymond.rinker&ashtonwoods.com) Subject: APPROVAL of NEUSE RIVER RIPARIAN BUFFER IMPACTS WITH ADDDITIONAL CONDITIONS The Point North Dear Raymond Rinker, You have our approval for the impacts listed below for the purpose described in your application dated received by the Division of Water Resources (Division)January 30, 2023, and additional information received April 18, 2023. These impacts are covered by the Neuse River Riparian 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 Neuse River Riparian Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B.0611(b)(2)] Type of Impact Amount Approved(units) Amount Approved Mitigation Permanent (units) Amount Temporary Required Buffers—Zone 1 B 1 IA 1): Culvert 8,006 (square feet 0 (square feet 0 credits B2 (IA 2): Greenwa 4,651 (square feet) 0 (square feet) 0 credits B3 IA 3 : Pedestrian Brid e/Greenwa 119 (square feet 0 (square feet 0 credits B4 IA 4 : Greenwa /Culvert Extension 8,440 (square feet 0 (square feet 0 credits BS IA 1): Road(Non-Perpendicular) 254 (square feet 0 (square feet 762 credits Buffers—Zone 2 B1 (IA 1): Culvert 5,912 (square feet) 0 (square feet) 0 credits B2 IA 2): Greenwa 7,857 (square feet 0 (square feet 0 credits B3 (IA 3): Pedestrian Brid e/Greenwa 1,779 (square feet) 0 (square feet) 0 credits B4 (IA 4): Greenwa /Culvert Extension 10,164(square feet) 0 (square feet) 0 credits BS IA 1): Road(Non-Perpendicular) 913 (square feet 0 (square feet 1,370 credits North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CAROLINA - 919.791.4200 Department of EnWmnmental Due\ /� The Point North DWR#20230174 Buffer Authorization Certificate Page 2 of 3 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 0213.0611(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.0611(b)(2)]. 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. Mitigation must be provided for the proposed impacts as specified in the table below. The attached Compensatory Mitigation Responsibility Acceptance Form shall be completed and provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on the attached Form(s) for the proposed impacts changes after issuance of this Certificate,then the Permittee shall request a revised Compensatory Mitigation Responsibility Acceptance Form from the Division prior to conducting any impacts. Compensatory Mitigation Required River and Sub-basin Number Neuse River 2,132 square feet(credits) Neuse River/03020201 Riparian Buffer 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 15013-23(a). E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CAROLINA - 919.791.4200 OWMem of enrimnmenmi auai� The Point North DWR#20230174 Buffer Authorization Certificate Page 3 of 3 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#20230174 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B.0611(b)(2). Please contact Zach Thomas at 919-791-4255 or zachary.thomaskncdenr.gov if you have any questions or concerns. Sincerely, &V1 Cha�G U. Richard E. Rogers,Jr. Director Division of Water Resources,NCDEQ cc: Jennifer Burdette,NRC, LLC (via email:burdetteknrconsultnc.com) DWR 401 &Buffer Permitting Branch electronic file E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CAROLINA - 919.791.4200 OWMem of envimnmenmi auai�