HomeMy WebLinkAbout20221672_Arvin Subdivision_NBR_Durham_DMS.docx.pdf DocuSign Envelope ID:9249E637-3227-4093-913F-4AF9671 F87EE
a�t STATE
ROY COOPER = . o
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
February 16, 2023
DWR#20221672
Durham County
KL Arvin,LLC
Attn: David Goracke
9121 Anson Way, Suite 220
Raleigh,NC 27612
(via email dgorackekkolter.com)
Laverne B. Parrish
3132 Cheek Road
Durham,NC 27704
(via email dkoracke@kolter.com)
Subject: APPROVAL of NEUSE RIVER RIPARIAN BUFFER IMPACTS
Arvin Subdivision
Dear David Goracke and Laverne Parrish:
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)December 1,2022. 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.061 I(b)(2)]
Type of Impact Amount Approved(units) Amount Approved
Permanent (units)
Temporary
Buffers—Zone 1
B 1 (Impact A): Road Crossing 4,282 (square feet) 0(square feet)
B2 (Impact B): Utility Line 1,958 (square feet) 0(square feet)
B3 (Impact C): Utility Line 2,466 (square feet) 0(square feet)
B4 (Impact D): Utility Line 1,687 (square feet) 0(square feet)
B5 (Impact G): Road Crossing 7,805 (square feet) 0(square feet)
B6 (Impact J):Utility Line 1,020 (square feet) 0(square feet)
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA
oaa..m.mof�runn,aM,lOual\ /� 919.707.9000
DocuSign Envelope ID:9249E637-3227-4093-913F-4AF9671 F87EE Arvin Subdivision
DWR#20221672
Buffer Authorization Certificate
Page 2 of 3
Buffers—Zone 2
B 1 (Impact A): Road Crossing 3,482 (square feet) 0 (square feet)
B2 (Impact B): Utility Line 716 (square feet) 0 (square feet)
B3 (Impact C): Utility Line 1,402 (square feet) 0(square feet)
B4 (Impact D : Utility Line 612 (square feet 0(square feet
B5 (Impact G): Road Crossing 4,655 (square feet) 0(square feet)
B6 (Impact J): Utility Line 614(square feet) 0(square feet)
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.
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
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,—U10-Ift /� 919.707.9000
DocuSign Envelope ID:9249E637-3227-4093-913F-4AF9671 F87EE Arvin Subdivision
DWR#20221672
Buffer Authorization Certificate
Page 3 of 3
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#20221672 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 zachM.thomaskncdenr.gov if you have any questions
or concerns.
Sincerely,
ocu Signed by:
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2916E6AB32144F...
Scott Vinson,Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
Electronic cc: Nikki Thomson, Sage Ecological(via email: nthomson@sageecological.com)
DWR 401 &Buffer Permitting Branch electronic file
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLNA
Oapa*NaMbfE.I,—UI0-Ift /� 919.707.9000