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Home My WebLink About20230403 Ver 1_Revised Approval Letter_20230721 (2)ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARI) E. ROGERS, JR. Director July 21, 2023 Tim Smith Mitchell Mill Investors 105 Weston Estates Way Cary, NC 27513 (via email: tim&prestondev.com ) Subject: Dear Mr. Smith: NORTH CAROLINA Environmental Quality DWR # 20230403 Wake County AUTHORIZATION OF NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITONAL CONDITIONS City of Raleigh — Harris Creek Outfall Replacement This Buffer Authorization Letter is meant to replace the approval letter for the subject project dated June 7, 2023. You have our approval for the impacts listed below for the purpose described in your application dated and received by the Division of Water Resources (Division) March 15, 2023, and payment received March 16, 2023. These impacts are covered by the Neuse Buffer Rules and the conditions listed below. Please note that this Buffer Authorization does not relieve the permittee/owner of the responsibility to obtain all other required federal, state or local approvals before proceeding with your project, including those required by, but not limited to, Sediment and Erosion Control, Stormwater, Non -Discharge, Sanitary Sewer Collections, and/or Water Supply Watershed 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. [15A NCAC 02B .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Mitigation Amount Required Buffers — Zone 1 (square feet) (square feet) B1: Utility Line - Sewer (Stream 3) 1,591 1,747 0 credits B2: Utility Line — Sewer (Harris Creek) 0 0 0 credits B3: Utility Line — Sewer (Stream 2) 1,404 1,553 0 credits B4: Utility Line — Perpendicular Sewer (Harris Creek) Non- 1,112 0 3,336 credits Buffers — Zone 2 B1: Utility Line - Sewer (Stream 3) 902 836 0 credits B2: Utility Line — Sewer (Harris Creek) 61 0 0 credits B3: Utility Line — Sewer (Stream 2) 2,192 868 0 credits B4: Perpendicular Utility Line — Sewer (Harris Creek) Non- 956 400 0 credits 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 City of Raleigh — Harris Creek Outfall Replacement DWR# 20230403 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 02B .0611] 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 & 02B .06111. 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: 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 Riparian Buffer 3,336 square feet (credits) Neuse River / 03020201 This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 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. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: 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). NORTH CAROLINAD � lv North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 City of Raleigh — Harris Creek Outfall Replacement DWR# 20230403 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 Certificate shall expire when the corresponding 401 Water Quality Certification Approval DWR #20230403 expires. This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714 and 02B .0611. Please contact Zach Thomas at zachary.thomaskncdenr.gov or 919-791-4255 if you have any questions or concerns. Sincerely, IS DocuSigned by: (h1UU&SN, For: BCDA9D825D4A46D... Richard E. Rogers, Jr., Director Division of Water Resources, NCDEQ by: Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Rick Trone, WithersRavenel (via email: rtronckwithersravenel.com ) DWR 401 & Buffer Permitting Files via Laserfiche NORTH CAROLINAD � Iv North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200