20231228 Ver 1_Approval Letter_20231115 (2)

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

November 15, 2023

DWR # 20231228
Wake County

Town of Fuquay-Varina
Attn: Michael Wagner
1415 Holland Road
Fuquay-Varina, NC 27526
(via email: [e-mail])

Subject: APPROVAL of NEUSE RIVER RIPARIAN BUFFER IMPACTS WITH
ADDDITIONAL CONDITIONS
Kennebec and Maude Stewart Waterline Extension

Dear Mr. Wagner,
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) September 6, 2023. 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.0611(b)(2)]

Type of Impact Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Mitigation
Amount
Required
Buffers – Zone 1
B1: Pipe Crossing 0 (square feet) 811 (square feet) 0 credits
B2: Pipe Crossing 0 (square feet) 933 (square feet) 0 credits
B3: Tree Clearing 249 (square feet) 0 (square feet) 0 credits
B4: Pipe Crossing 0 (square feet) 1,191 (square feet) 0 credits
B5: Pipe Crossing 0 (square feet) 1,837 (square feet) 0 credits
Buffers – Zone 2
B1: Pipe Crossing 0 (square feet) 1,664 (square feet) 0 credits
B2: Pipe Crossing 0 (square feet) 623 (square feet) 0 credits
B3: Tree Clearing 185 (square feet) 0 (square feet) 0 credits
B4: Pipe Crossing 0 (square feet) 782 (square feet) 0 credits
B5: Pipe Crossing 0 (square feet) 1,364 (square feet) 0 credits
DocuSign Envelope ID: 41F8FF11-C5CA-43F8-AD6C-12A0B250B051

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Kennebec and Maude Stewart Waterline Extension
DWR# 20231228
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(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 [phone].
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
DocuSign Envelope ID: 41F8FF11-C5CA-43F8-AD6C-12A0B250B051

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

Kennebec and Maude Stewart Waterline Extension
DWR# 20231228
Buffer Authorization Certificate
Page 3 of 3

or other right of priority with respect to any other consumptive user regardless of the quant ity 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#20231228 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 Joe Myers at 919-791-4256 or [e-mail] if you have any
questions or concerns.

Sincerely,

Vanessa Manuel, Assistant Regional Supervisor
Division of Water Resources - Raleigh Regional Office
Department of Environmental Quality

cc: Kayla Bivens, Hazen and Sawyer (via email: [e-mail])
Keven Duerr, Hazen and Sawyer (via email: [e-mail])
DWR 401 & Buffer Permitting Branch Electronic file/Laserfiche

DocuSign Envelope ID: 41F8FF11-C5CA-43F8-AD6C-12A0B250B051