HomeMy WebLinkAbout20230656 Ver 1_Approval Letter_20230629 (2)DocuSign Envelope ID: E857A991-3F4B-4135-9D48-85B8C7A4B165
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARI) E. ROGERS, JR.
Director
June 29, 2023
NORTH CAROLINA
Environmental Quality
DWR # 20230656
Durham County
Pulte Home Company, LLC
Attn: Rob Rudloff
1225 Crescent Green Drive, Suite 250
Cary, NC 27518
(via email: robert.rudloa pultegroyp.com)
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
Everton
Dear Rob Rudloff,
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) May 3, 2023. These impacts are
covered by the Neuse 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 Buffer Rules are met. No other impacts are approved,
including incidental impacts. [I 5A NCAC 02B .0611(b)(2)
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Mitigation
Amount
Required
Buffers — Zone 1
B1 —Road Crossing
7,652 (square feet
0 (square feet
0 credits
Buffers — Zone 2
B1 —Road Crossing
5,026 (square feet
0 (square feet
0 credits
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
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NOR1H cAROLNa 919.791.4200
DocuSign Envelope ID: E857A991-3F4B-4135-9D48-85B8C7A4B165
Everton
DWR# 20230656
Buffer Authorization Certificate
Page 2 of 3
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 .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 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.
This Authorization shall expire when the corresponding 401 Water Quality Certification
Approval DWR#20230656 expires.
NORTH CAROLINAD � lv
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: E857A991-3F4B-4135-9D48-85B8C7A4B165
Everton
DWR# 20230656
Buffer Authorization Certificate
Page 3 of 3
This letter completes the Division's review under the Neuse Riparian Buffer Rules as described
in 15A NCAC 02B .0714. Please contact Zach Thomas at 919-791-4255 or
zachary.thomas(cr�,deq.nc.gov if you have any questions or concerns.
Sincerely,
DocuSigned by:
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Debbie Shirley, S&EC (via email: dshirleyksandec.com)
DWR 401 & Buffer Permitting Branch Electronic file
NORTH CAROLINAD � Iv
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