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Home My WebLink About20240400 Ver 1_Approval Letter_20240520 (2)DocuSign Envelope ID: E1 FF0615-C4C0-4312-13864-E1 EA245ACA35 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality May 20, 2024 DWR #20240400 Wake County Trigate-Suncrest Brio West, LLC Attn: Sean Cooney 2701 East Camelback Road Phoenix, AZ 85016 Delivered via email to: scoonev@suncrestreal.com Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL CONDITIONS Project: Brio -1620 & 1700 Old Crews Road, Knightdale, INC 27545 Sean Cooney and Trigate-Suncrest Brio West, LLC, 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) March 12, 2024, with subsequent information on May 17, 2024. These impacts are covered by the Neuse 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 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 Buffers — Zone 1 Impact Area A: Greenway Crossing 3,151 (square feet) 0 (square feet) Impact Area B: Road Crossing 7,725 (square feet) 0 (square feet) Impact Area D1: Sanitary Sewer Crossing (RipRap Slopes) 584 (square feet) 0 (square feet) D � � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mad Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA 919.707.9000 DocuSign Envelope ID: E1 FF0615-C4C0-4312-B864-E1 EA245ACA35 Brio DWR #20240400 Buffer Authorization Certificate Page 2 of 4 Impact Area E1: Sanitary Sewer Crossing 2,430 (square feet) 0 (square feet) Impact Area E2: Greenway 948 (square feet) 0 (square feet) Impact Area G: Road Widening 1,989 (square feet) 0 (square feet) Impact Area H: Sanitary Sewer Crossing 113 (square feet) 0 (square feet) Buffers — Zone 2 0 (square feet) Impact Area A: Greenway Crossing 2,132 (square feet) 0 (square feet) Impact Area B: Road Crossing 4,377 (square feet) 0 (square feet) Impact Area D1: Sanitary Sewer Crossing (RipRap Slopes) 112 (square feet) 0 (square feet) Impact Area E1: Sanitary Sewer Crossing 1,151 (square feet) 0 (square feet) Impact Area E2: Greenway 6,203 (square feet) 0 (square feet) Impact Area G: Road Widening 1,314 (square feet) 0 (square feet) Impact Area H: Sanitary Sewer Crossing 4,030 (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 Neuse 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 Neuse 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: The transition between Zone 1 and Zone 2 of the Neuse Buffer shall be accurately located and clearly identified within the property limits (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. Citation: 15A NCAC 02B .0714(11) 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. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: E1 FF0615-C4C0-4312-B864-E1 EA245ACA35 Brio DWR #20240400 Buffer Authorization Certificate Page 3 of 4 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 #20240400 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B [Neuse] .0714. Please contact Samantha Wooten at (919) 707-3631 or samantha.wooten@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: Sf t plA,aa f- &-DSs 755ABFOCD8OB428... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: E1 FF0615-C4C0-4312-13864-E1 EA245ACA35 Brio DWR #20240400 Buffer Authorization Certificate Page 4 of 4 Electronic cc: Deborah Shirley, Soil & Environmental Consultants, Inc. (dshirlev@sandec.com) Matt Martin, USACE Wake (Knightdale) Regulatory Field Office (Matthew.K.Martin@usace.army.mil) Gabriela Garrison, NCWRC (gabriela.garrison@ncwildlife.org) DWR 401 & Buffer Permitting Branch electronic file Filename: 20240400 Brio — Wake — Buffer Authorization.docx D � � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NpR'VI CAROI\A ^' 919.707.9000 �epmhneM of EmlmnmenWl Oualn