20221672 V2_Arvin Subdivision_NBR_Durham.docx.pdf

DocuSign Envelope ID: E09E765A-4945-41 FD-9946-26AEK51`6206
a STATE w
ROY COOPER = o
Governor
ELIZABETH S.BISER ` ,
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
May 29, 2024
DWR#20221672 V2
Durham County
Meritage Homes of the Carolinas, Inc.
Attn: Scott Roylance
3300 Paramount Pkwy, Suite 120
Morrisville, NC 27560
Delivered via email to: [e-mail]
Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL
CONDITIONS
Project: Arvin Subdivision
Dear Mr. 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) March 18, 2024, with subsequent
information on May 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 16, 2023.
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. The items below in bold are changes from Version 1.
No other impacts are approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)]
Type of Impact Amount Approved (units) Amount Approved
Permanent (units)
Temporary
Buffers—Zone 1
B1 (Impact A): Road Crossing 4,282 (square feet) 0 (square feet)
B2 (Impact B): Utility Line 1,958 (square feet) 0 (square feet)
B3 (Impact Q Utility Line 2,466 (square feet) 0 (square feet)
B4(Impact D): Utility Line 1,687 (square feet) 1,477 (square feet)*
B5 (Impact G): Road Crossing 7,805 (square feet) 0 (square feet)
B6 (Impact J): Utility Line 1,047 (square feet) 0 (square feet)
Totals: 19,245(square feet) 1,477(square feet)
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
o.�.m.Mm ....mro..i\ r 919.791.4200

DocuSign Envelope ID: E09E765A-4945-41FD-994B-2BAE8C5FB206
Arvin Subdivision
DWR# 20221672 V2
Buffer Authorization Certificate
Page 2 of 3
Buffers—Zone 2
131 (Impact A): Road Crossing 3,482 (square feet) 0 (square feet)
B2 (Impact B): Utility Line 716 (square feet) 0 (square feet)
B3 (Impact Q Utility Line 1,402 (square feet) 0 (square feet)
B4 (Impact D): Utility Line 612 (square feet) 1,377 (square feet)*
B5 (Impact G): Road Crossing 4,655 (square feet) 0 (square feet)
B6 (Impact J): Utility Line 679 (square feet) 0 (square feet)
Totals: 11,546(square feet) 1,377(square feet)
*See Condition 1 below.
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.
Additional Conditions:
1. Temporary buffer impact area B4(Impact D) shall be replanted with comparable vegetation
within two months of when construction is complete.Tree planting may occur during the
dormant season.At the end of five years, any restored wooded riparian buffer shall comply with
the restoration criteria in 15A NCAC 2B .0295(i).
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
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARD IINA
oeo.nmsmor Q-` r 919.791.4200

DocuSign Envelope ID: E09E765A-4945-41FD-994B-2BAE8C5FB206
Arvin Subdivision
DWR# 20221672 V2
Buffer Authorization Certificate
Page 3 of 3
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#20221672 expires.
This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A
NCAC 02B .0714. Please contact Zach Thomas at 919-791-4255 or [e-mail] if you
have any questions or concerns.
Sincerely,
n nDo'c'u,SiAgne'd by:
YVUI (�C�l fW
372DCBC661EE4A8_.
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
Electronic cc: Nikki Duprey, Sage Ecological ([e-mail])
DWR 401 & Buffer Permitting Branch electronic file/Laserfiche
Filename: 20221672 V2 Arvin Subdivision NBR Durham
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARD IINA
oeo.nmsmor Q-` r 919.791.4200