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Home My WebLink About20240051 Ver 1_Approval Letter_20240417DocuSign Envelope ID: C296CD68-BF33-433C-828D-A6F802DDF3A5 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 17, 2024 DWR # 20240051 Wake County The City of Raleigh Attn: Richard Kelly 222 West Hargett Street Raleigh, NC 27601 Delivered via email to: Richard.Kelly@raleighnc.gov Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE Project: Spottswood Street Stormwater Control Measure Retrofit & Durant Nature Preserve Stream Restoration Dear Richard Kelly: 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) January 1, 2024 with subsequent information on April 2, 2024. These impacts are covered by the Neuse Buffer Rules. 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 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: New Channel Construction - Clearing 3,522 (square feet) 7,403 (square feet) 0 credits Totals 3,522 (square feet) 7,403 (square feet) 0 credits Buffers — Zone 2 B1: New Channel Construction - Clearing 1,671 (square feet) 5,455 (square feet) 0 credits Totals 1 1,671 (square feet) 1 5,455 (square feet) 1 0 credits NORTH CAROHNAD � ' n.o. .mmem...m..�.iu..i� � 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: C296CD68-BF33-433C-828D-A6F802DDF3A5 JNtJ«UowUUu JIICCI JIVI IIIWdICI %,VIIIIVI IvICci lodre Retrofit & Durant Nature Preserve Stream Restoration DWR# 20240051 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 .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 (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. This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20240051 expires. North Carolina Department of Environmental Quality I Division of Water Resources ! Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 VOF.'i I GARni I\A D,pd tdE.0,.w-wio�ei� /'"� 919.791.4200 DocuSign Envelope ID: C296CD68-BF33-433C-828D-A6F802DDF3A5 JPL)L awUUu JII CCI JIVI IIIWdICI %,VI IIIVI IvICci lodre Retrofit & Durant Nature Preserve Stream Restoration DWR# 20240051 Buffer Authorization Certificate Page 3 of 3 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, IA tt& gDocuSigned by: a W 372DCBCB61 EE4A8... Michael Hall Regional Supervisor Division of Water Resources, Raleigh Regional Office Department of Environmental Quality Electronic cc: Ron Johnson, AECOM Richard Kelly, The City of Raleigh Laura Meyer, USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch electronic File Filename: 20240051_ Spottswood Street Stormwater Control Measure Retrofit & Durant Nature Preserve Stream Restoration NBR Wake.docx NORTH CAROL INAD^� ��l' 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