20211694 Ver 3_04_21-1694 Junction Road and Ferrell Road_NBR_Durham_20240205

March 17, 2022
DWR # 20211694
DurhamCounty
Scannell Properties #515, LLC
Attn: Joel Scannell
1800 Diagonal Road, Suite 600
Alexandria, VA 22314
(via email [e-mail])
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
Junction Road and Ferrell Road
Dear Mr. Scannell:
You have our approval for the impacts listed below for the purpose described in your application dated
November 18, 2021, received by the Division of Water Resources (Division) November 18, 2021,with
payment received November 29, 2021, and additional information received January 18, 2022.These
impacts are covered by the Neuse River Buffer Rules andthe 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.
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. \[15A NCAC 02B Neuse .0611(b)(2)\]
Type of ImpactAmount Approved Amount Approved
(units)(units)
PermanentTemporary
Buffers –Zone 1
B1: Stormwater Outfall314(square feet)0 (square feet)
B2: Stormwater Outfall683(square feet)0 (square feet)
B3: Stormwater Outfall419(square feet)0 (square feet)
Buffers –Zone 2
B1: Stormwater Outfall221(square feet)0 (square feet)
B2: Stormwater Outfall371(square feet)0 (square feet)
B3: Stormwater Outfall427(square feet)0 (square feet)
This approval is for the purpose and design described in your application. The plans and specificationsfor
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. \[15A NCAC 02B .0611(b)(2)\]
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

JunctionRoad and Ferrell Road
DWR# 20211694
Buffer Authorization
Page 2of 3
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.
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 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#20221694expires.
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

JunctionRoad and Ferrell Road
DWR# 20211694
Buffer Authorization
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This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described
in 15A NCAC 02B .0714. Please contact Colleen Cohnat 919-791-4258or [e-mail]
you have any questions or concerns.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc:DWR 401 & Buffer Permitting via Laserfiche
William Sullivan, Kimley-Horn(via email)
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000