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Home My WebLink About22-0830 Revised_Fowler Tract_NBR_Durham_DMS 10-23-2023.docx.pdf DocuSign Envelope ID:637E6391-B4A8-404A-90D0-lA7BA6D732DE o�t STATE ti ROY COOPER = . o Governor ELIZABETH S.BISER ` Secretary RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality October 23,2023 DWR#20220830 Revised Durham County Clayton Properties Group,LLC Attn: Ed Lynch 2521 Schieffelin Road, Suite 116 Apex,NC 27502 (via email elynch@mungo.com) Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Fowler Tract Dear Ed Lynch: You have our approval for the impacts listed below for the purpose described in your application dated June 17,2022,received by the Division of Water Resources(Division)June 17,2022, and with payment received June 21,2022, and additional information received on the following dates: July 22, 2022; August 17,2022; and September 12, 2022. This Revised Authorization Certificate to update the mitigation bank provider replaces the original Authorization Certificate dated October 11,2022, and revised certificate June 27,2023.These impacts are covered by the Neuse River Buffer Rules and the conditions listed below. Please note that you should get any other federal, state or local permits before proceeding with your project,including those required by(but not limited to) Sediment and Erosion Control,Non-Discharge, and Water Supply Watershed regulations. This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20220830 expires. The following impacts are hereby approved,provided that all of the Conditions listed below,and all of the conditions of the Neuse River Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B Neuse .0611(b)(2)] D�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH CAROLINq ow.m.m of EnWmnmental oa� /" 919.791.4200 DocuSign Envelope ID:637E6391-B4A8-404A-90D0-1A7BA6D732DE Fowler Tract DWR#20220830 Revised Buffer Authorization Certificate Page 2 of 4 Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Buffers—Zone 1 B2: Road Crossing 12,084(square feet) 0 (square feet) B7: Sewer Crossing 1,966 (square feet) 0(square feet) B9: Sewer Crossing 2,064 (square feet 0(square feet B 10: SCM Outlet 904 (square feet 0(square feet B11: Sewer Crossing 1,740 (square feet) 0(square feet) B12: SCM Outlet 1,674 (square feet) 0(square feet) B13: SCM Outlet 1,082 (square feet) 0 (square feet) B 14: Storm Outlet 708 (square feet 0(square feet Buffers—Zone 2 B 1: Sewer Crossing 2,901 (square feet) 0(square feet) B2: Road Crossing 7,124 (square feet) 0 (square feet) B3: SCM Outlet 699 (square feet) 0 (square feet) B4: Sewer Crossing 1,024 (square feet 0(square feet B5: Sewer Crossing 2,603 (square feet) 0(square feet) B6: Sewer Crossing 860 (square feet) 0(square feet) B7: Sewer Crossing 4,373 (square feet) 0(square feet) B9: Sewer Crossing 1,613 (square feet 0(square feet B 10: SCM Outlet 617 (square feet 0(square feet B 11: Sewer Crossing 1,109 (square feet) 0(square feet) B12: SCM Outlet 1,048 (square feet) 0(square feet) B13: SCM Outlet 716 (square feet) 0(square feet) B14: Storm Outlet 477 (square feet) 0(square feet) Compensatory Mitigation Using the NCDEQ Division of Mitigation Services Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the NCDEQ Division of Mitigation Services(DMS) in HUC 03020201 (Falls Lake Watershed).Until the DMS receives and clears your payment, and proof of payment has been provided to this Office,no impacts specified in this Authorization Certificate shall occur. For accounting purposes,this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02B .0295 (f) &(g)]: Compensatory Mitigation Bank Sponsor River& Sub-basin Number Required Buffer-Zone 1 47,232 (square feet) NCDEQ Division of Neuse: 03020201- (15,744 @ 3:1 ratio) Mitigation Services Falls Lake Watershed Buffer-Zone 2 14,258 (square feet) NCDEQ Division of Neuse: 03020201- (9,505 @ 1.5:1 ratio) Mitigation Services Falls Lake Watershed Total: 61,490 (square feet) Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. 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 NORTH cnaoun�n DocuSign Envelope ID:637E6391-B4A8-404A-90D0-1A7BA6D732DE Fowler Tract DWR#20220830 Revised Buffer Authorization Certificate Page 3 of 4 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. 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 [I 5A 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 hlW://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 regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609 NORTH cnaouNn 919.791.4200 nw.�mm�.n—w usi� DocuSign Envelope ID:637E6391-B4A8-404A-90D0-1A7BA6D732DE Fowler Tract DWR#20220830 Revised Buffer Authorization Certificate Page 4 of 4 This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Zach Thomas at 919-791-4255 or zachau.thomas(c-r�,deq.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: Ua ,ssa f. B2916E6AB32144F... Vanessa Manuel,Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources,NCDEQ cc: DWR 401 &Buffer Permitting via Laserfiche Rick Trone,Withers-Ravenel(via email) 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 NORTH cnaoun�n