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Home My WebLink About20221680 Ver 2_Approval Letter_20240307 (2)DocuSign Envelope ID: 1111 F767-334E-418F-8D8D-63C7E29B7AFF ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality March 7, 2024 DWR #20221680 v2 Granville County Beth Robinson Attn: Blue Ash, LLC 8705 Alden Ln Wake Forest, NC 27587 Delivered via email to: beth@greenpointelandcorp.com Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS McKinley Place Subdivision Beth Robinson: 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) January 8, 2024. These impacts are covered by the Neuse Buffer Rules and the conditions listed below. This Authorization Certificate replaces the Authorization issued on February 2, 2023. This Authorization Certificate is being issued pursuant to a modification request submitted on January 8, 2024, to update impacts related to the final design of the subdivision's roads. This Authorization Certificate 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 Buffer Rules are met. Impacts added or removed pursuant to this modification are shown in bold within the impact table. No other impacts are approved, including incidental impacts. [15A NCAC 02B Neuse .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 131— Road Crossing 5,451 (square feet) 0 (square feet) B2 — Road Crossing 6,306 (square feet) 0 (square feet) B3 — Road Crossing 6,854 (square feet) 0 (square feet) DRF Q �� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 9epanme fEn�i�omm�ntalqual� �� 919.707.9000 DocuSign Envelope ID: 1111 F767-334E-418F-8D8D-63C7E29B7AFF McKinley Place Subdivision DWR #20221680 v2 Neuse Buffer Authorization Certificate Page 2 of 3 Buffers — Zone 2 1131— Road Crossing 3,878 (square feet) 0 (square feet) B2 — Road Crossing 3,640 (square feet) 0 (square feet) B3 — Road Crossing 3,793 (square feet) 0 (square feet) B4 — Grading 194 (square feet) 0 (square feet) 1135 — Grading 816 (square feet) 0 (square feet) B6 — Grading 276 (square feet) 0 (square feet) B7 — Grading 485 (square feet) 0 (square feet) B8 — Grading 570 (square feet) 0 (square feet) B9 — Grading 631 (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. 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: 1. The plans provided along with the application depict grading activities within Zone 2 of the protected buffer. This activity is designated as "exempt" under the Buffer Rule provided that fill is not placed in Zone 1, diffuse flow is maintained as per the Buffer Rule, the disturbed areas are stabilized and revegetated, and the health of the existing vegetation in Zone 1 is not compromised. [15A NCAC 02B [Neuse] .0714(11) and (6)] 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: North Carolina Department ofEnvironmental Qualitc Division ofWater Resources 12 North Salisburc Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 kp—,t d E—,o�� mai 0-1 �� 919.707.9000 DocuSign Envelope ID: 1111 F767-334E-418F-8D8D-63C7E29B7AFF McKinley Place Subdivision DWR #20221680 v2 Neuse Buffer Authorization Certificate William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Page 3 of 3 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 five (5) years when the corresponding 401 Water Quality Certification Approval DWR #20221680 v2 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Samantha Wooten at (919) 707-3631 or samantha.wooten@deg.nc.gov if you have any questions or concerns. Sincerely, EDocuSigned by: Sf t p�f- &-OSs 755ABFOCDWB428... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Electronic cc: Nikki Thomson, Sage Ecological Services, Inc. (nthomson@sageecological.com) Sean Clark, Sage Ecological Services, Inc. (sclark@sageecological.com) James Goldston, Pine Tree Group, LLC (imgoldston@nc.rr.com) Dicky Harmon, USACE Granville Regulatory Field Office (Richard.G.Harmon@usace.army.mil) Gabriela Garrison, NCWRC (gabriela.garrison@ncwildlife.org) DWR 401 & Buffer Permitting Branch Electronic file Filename: 20221680 v2 McKinley Place Subdivision — Granville — Buffer Authorization.docx North Carolina Department of Environmental Quality I Division of Water Resources �NAI 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NoR'�+c919.707.9000 Din ..t m E� .n—m l D.ei�