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Home My WebLink About20231454 Ver 1_Approval Letter_20240111 (2)DocuSign Envelope ID: 0880D976-67A74C54-BA48-1 EFEE8C968BA ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality January 11, 2024 DWR # 20231454 Wake County Meritage Homes Attn: Scott Roylance 3300 Paramount Parkway Morrisville, NC 27609 Delivered via email to: scott.roylance@meritagehomes.com Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL CONDITIONS Dear Scott Roylance: 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) October 24, 2023. These impacts are covered by the Neuse River 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 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: Road Crossing 8,984 (square feet) 0 (square feet) 26,952 (credits) B2: Road Crossing 7,582 (square feet) 0 (square feet) 0 (credits) B3: Road Crossing 5,988 (square feet) 0 (square feet) 0 (credits) Buffers — Zone 2 B1: Road Crossing 7,547 (square feet) 0 (square feet) 11,320 (credits) B2: Road Crossing 4,674 (square feet) 0 (square feet) 0 (credits) B3: Road Crossing 4,376 (square feet) 0 (square feet) 0 (credits) B4: Stormwater Management 938 (square feet) 0 (square feet) 0 (credits) CAROL I �AD�E .inme�rt etEmimnmenfal qual\ r North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 0880D976-67A7-4C54-BA48-1 EFEE8C968BA Marshburn Manor DWR# 20231454 Buffer Authorization Certificate Page 2 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 [15A 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. Additional Conditions: Mitigation must be provided for the proposed impacts as specified in the table below. The attached Compensatory Mitigation Responsibility Transfer Form (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 Transfer Form from the Division prior to conducting any impacts. [15A NCAC 0213.0295; 15A NCAC 02B .0714(12)] Compensatory Mitigation RequiredtRr and Sub -basin Number Neuse Buffer 38,272 square feet (credits) se River Basin / 03020201 ide Falls Lake Watershed) 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 North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORT CAROIINA 919.791.4200 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: 0880D976-67A7-4C54-BA48-1 EFEE8C968BA Marshburn Manor DWR# 20231454 Buffer Authorization Certificate Page 3 of 4 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. This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20231454 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Joe Myers at 919-791-4256 or loseph.myers@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: Ua�n c ssa -E. 62916E6AB32144F... Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Electronic cc: Joshua Riding, Geo-Technology Associates (jriding@gtaeng.com) Laserfiche Filename: 20231454 Marshburn Manor NBR Wake MRT.docx North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORT CAROIINA 919.791.4200 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: 0880D976-67A74C54-BA48-1 EFEE8C968BA ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM January 11, 2024 Permittee: Scott Roylance & Meritage Homes DWR Project # 20231454 Project Name: Marshburn Manor County: Wake The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to satisfy the mitigation requirements set forth in the Buffer Authorization Certificate issued to Scott Roylance and Meritage Homes, dated December 27, 2023, as provided in the table below. Compensatory Mitigation RequiredtRr and Sub -basin Number Neuse Buffer 38,272 square feet (credits) se River Basin / 03020201 ide Falls Lake Watershed) The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before conducting any of the authorized impacts. The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will be debited using approved released or advance credits, and for all stream or wetland credits is in accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below, DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be met through preservation. (15A NCAC 02B .0295). Signature Authority Name (print): Signature: NORTH CAROL NA ��v n.q..m�..e Me ....� bl n..'\ /� Date: North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200