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Home My WebLink About2023-0789 Keener Screened Porch_NBR_Durham.docx North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 June 20, 2023 DWR # 20230789 Durham County Andrew Keener 1400 Glendale Ave. Durham, NC 27701 (Delivered via email: drew.keener@gmail.com) Subject: APPROVAL of NEUSE BASIN RIPARIAN BUFFER IMPACTS Keener Screened Porch – 1400 Glendale Ave. - Durham Dear Mr. Keener: You have our approval for the impacts listed below for the purpose described in your application dated June 6, 2023 and received by the Division of Water Resources (Division) June 6, 2023. These impacts are covered by the Neuse Buffer Rules. 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 if all the conditions of the Neuse Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B.0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Zone 2: Screened Porch 24 (square feet)* 0 (square feet) *Approximately 210 square feet of the existing 260 square foot deck is located within the 50-foot Neuse Riparian Buffer, and the footprint of this existing structure is grandfathered. Rebuilding within this existing footprint does not require authorization from the Division of Water Resources. Of the proposed 100 square foot expansion of the existing footprint to create a new screened porch, only 24 square feet is located within the outer 20 feet of the 50-foot Neuse Riparian Buffer. 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)] DocuSign Envelope ID: 774C9855-AE93-49E9-8AEE-8CD6CCCAB063 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Keener Screened Porch DWR# 20230789 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 02.0714]. 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 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. This Authorization shall expire five (5) years from the date of this letter. This letter completes the Division’s review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B.0714. Please contact Zachary Thomas or Cherri Smith at 919-791-4200 or zachary.thomas@ncdenr.gov or cherri.smith@ncdenr.gov if you have any questions or concerns. DocuSign Envelope ID: 774C9855-AE93-49E9-8AEE-8CD6CCCAB063 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Keener Screened Porch DWR# 20230789 Buffer Authorization Certificate Page 3 of 3 Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources cc: DWR 401 & Buffer Permitting Branch electronic file Thane Maxwell (thane3@gmail.com) DocuSign Envelope ID: 774C9855-AE93-49E9-8AEE-8CD6CCCAB063