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Home My WebLink About20180052 Ver 2_Kalas Falls Subdivision_NBR_Wake_20230615 DocuSign Envelope ID:262C15A8-DB1F-45DC-9D06-4F8D966792B3 f Mt�Oj� ROY COOPER �; = o Governor ELIZABETH S.BISER Secretary RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality June 15,2023 DWR#20180052 V2 Wake County Mitchell Mill Road Investors Attn: Karl D. Blackley 105 Weston Estates Way Cary,NC 27513 (via email karl@prestondev.com) Subject: APPROVAL of NEUSE RIVER RIPARIAN BUFFER IMPACTS WITH ADDDITIONAL CONDITIONS Kalas Falls Subdivision Dear Karl D. Blackley, 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)April 5, 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 0213.0611(b)(2)] Type of Impact Amount Approved Amount Mitigation (units) Approved (units) Amount Permanent Temporary Required Buffers—Zone 1 B2-Road Crossing 8,367 (square feet) 0 (square feet) 0 credits B3-Road Crossing 727 (square feet) 0 (square feet) 0 credits B7-Road Crossing 5,344 (square feet) 0 (square feet) 0 credits B8-BMP/Outfall 513 (square feet) 0 (square feet) 0 credits B9-BMP/Outfall 37 (square feet) 0 (square feet) 0 credits BI I-Road Crossing 4,059 (square feet) 0 (square feet) 0 credits B 12-Road Crossing 4,039 (square feet) 0 (square feet) 0 credits B 14A-Sewer Easement 2,413 (square feet) 0 (square feet) 0 credits B17B-Sewer Easement 1,471 (square feet) 0 (square feet) 0 credits B21A-Sewer Easement 2,095 (square feet) 0 (square feet) 0 credits B 14B-Sewer Construction Corridor 0 (square feet) 790 (square feet) 0 credits B 17C-Sewer Construction Corridor 0 (square feet) 719 (square feet) 0 credits 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 NoarH cnaouw. 919.791.4200 DocuSign Envelope ID:262C15A8-DB1F-45DC-9D06-4F8D966792B3 Kalas Falls Subdivision DWR#20180052 V2 Buffer Authorization Certificate Page 2 of 4 Type of Impact Amount Approved Amount Mitigation (units) Approved (units) Amount Permanent Temporary Required Buffers—Zone 1 Continued B 19B-Sewer Construction Corridor 0 (square feet) 8 (square feet) 0 credits B21B-Sewer Construction Corridor 0 (square feet) 636 (square feet) 0 credits B28-Gradingfor Auxiliary Spillway 3,266 (square feet) 0 (square feet) 0 credits B29-Grading for Dam Rehab 571 (square feet) 0 (square feet) 0 credits B32-Gradingfor Dam Rehab 78 (square feet) 0 (s are feet) 0 credits B31-Grading for Temp. Access 0 (square feet) 29 (square feet) 0 credits B33-Grading for Erosion Control 0 (square feet) 436 (square feet) 0 credits Buffers—Zone 2 B2-Road Crossing 4,819 (square feet) 0 (square feet) 0 credits 133-Road Crossing 2,241 (square feet) 0 (square feet) 0 credits B4-Stormwater Outfall 376 (square feet) 0 (square feet) 0 credits B5-Stormwater Outfall 285 (square feet) 0 (square feet 0 credits B7-Road Crossing 3,393 (square feet 0 (square feet) 0 credits B8-BMP/Outfall 1,484 (square feet) 0 (square feet) 0 credits B9-BMP/Outfall 1,911 (square feet 0 (square feet 0 credits B11-Road Crossing 2,656 (square feet) 0 (square feet) 0 credits B 12-Road Crossing 2,612 (square feet 0 (square feet 0 credits B 13-BMP/Outfall 96 (square feet) 0 (square feet) 0 credits B 14A-Sewer Easement 687 (square feet) 0 (square feet) 0 credits B15A-Sewer Easement 1,208 (square feet) 0 (square feet) 0 credits B16A-Sewer Easement 155 (square feet) 0 (square feet) 0 credits B 17B-Sewer Easement 2,663 (square feet) 0 (square feet) 0 credits B18A-Sewer Easement 1,863 (square feet) 0 (square feet) 0 credits B19A-Sewer Easement 1,905 (square feet) 0 (square feet) 0 credits B20A-Sewer Easement 612 (square feet) 0 (square feet) 0 credits B21A-Sewer Easement 2,067 (square feet) 0 (square feet) 0 credits B22A-Sewer Easement 270 (square feet) 0 (square feet) 0 credits B23A-Sewer Easement 3,335 (square feet) 0 (square feet) 0 credits B24A-Sewer Easement 10,472 (square feet) 0 (square feet) 0 credits B 14B-Sewer Construction Corridor 0 (square feet) 275 (square feet) 0 credits B 15B-Sewer Construction Corridor 0 (square feet) 932 (square feet) 0 credits B 17C-Sewer Construction Corridor 0 (square feet) 708 (square feet) 0 credits B18B-Sewer Construction Corridor 0 (square feet) 1,074 (square feet) 0 credits B 19B-Sewer Construction Corridor 0 (square feet) 1,167 (square feet) 0 credits B20A-Sewer Construction Corridor 0 (square feet) 370 (s uare feet) 0 credits B21B-Sewer Construction Corridor 0 (square feet) 598 (square feet) 0 credits B22B-Sewer Construction Corridor 0 (square feet) 666 (s are feet) 0 credits B23B-Sewer Construction Corridor 0 (square feet) 793 (s are feet) 0 credits B24B-Sewer Construction Corridor 0 (square feet) 240 (square feet) 0 credits B30-Gradingfor Temporary Access 0 (square feet) 1,300 (square feet) 0 credits D E Q om: North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 NoarH cnao wk o�u�nMy�--io-� �/ 919.791.4200 DocuSign Envelope ID:262C15A8-DB1F-45DC-9D06-4F8D966792B3 Kalas Falls Subdivision DWR#20180052 V2 Buffer Authorization Certificate Page 3 of 4 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.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. 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). 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#20180052 V2 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B.0611(b)(2). D E Q om: North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609 NoarH cnaour+n 919.791.4200 oprtuireM6W.Monmemai o�no� DocuSign Envelope ID:262C15A8-DB1F-45DC-9D06-4F8D966792B3 Kalas Falls Subdivision DWR#20180052 V2 Buffer Authorization Certificate Page 4 of 4 Please contact Zach Thomas at 919-791-4255 or zachary.thomas(&ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: VaW,SSa f. B2916E6AB32144F... Vanessa Manuel,Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources,NCDEQ cc: Rick Trone,WithersRavenel (via email: rtrone(d)withersravenel.com) DWR 401 &Buffer Permitting Branch electronic file e:!5fD E Q om: North Carolina Department of Environmental Quality I Division of Water Resources — Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTHcnRouNo. o�nll� 919.791.4200 G�prlmweM6Monmemai