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Home My WebLink About2021-0053 Foundation Drive Apartments_NBR_Wake.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 August 29, 2023 DWR # 20210053 Wake County Heritage RMX LLC Attn: Robert Defeo 1017 Exeter Field Circle Raleigh, NC 27614 (Delivered via email: raddevelopment@yahoo.com) Subject: APPROVAL of NEUSE BASIN RIPARIAN BUFFER IMPACTS Foundation Drive Apartments – Wake Forest Dear Mr. Defeo: You have our approval for the impacts listed below for the purpose described in your application dated August 15, 2023 and received by the Division of Water Resources (Division) August 15, 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: Grading, SCM 3,471 (square feet) 0 (square feet) Zone 2: Grading, Parking 1,520 (square feet) 0 (square feet) Zone 1: Sewer Line 1,590 (square feet) 0 (square feet) Zone 2: Sewer Line 755 (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 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. DocuSign Envelope ID: 687702F9-3CF2-48C7-86FE-39DBBBE56E59 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 Foundation Drive Apartments DWR# 20210053 Buffer Authorization Certificate Page 2 of 3 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. Sincerely, Vanessa E. Manuel Assistant Regional Supervisor Division of Water Resources – Raleigh Regional Office DocuSign Envelope ID: 687702F9-3CF2-48C7-86FE-39DBBBE56E59 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 Foundation Drive Apartments DWR# 20210053 Buffer Authorization Certificate Page 3 of 3 Department of Environmental Quality cc: DWR 401 & Buffer Permitting Branch electronic file sclark@sageecological.com DocuSign Envelope ID: 687702F9-3CF2-48C7-86FE-39DBBBE56E59