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Home My WebLink About2023-0495 3907 Elkin Property Detached Garage_NBR_Cary_EBX.docx North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 April 19, 2023 DWR # 20230495 Wake County Brian and Raquelle Elkins 101 Marseille Place Cary, NC 27511 (via email: chrislaxx@gmail.com) Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS 101 Marseille Place, Cary Dear Mr. Brian and Ms. Raquelle Elkins: You have our approval for the impacts listed below for the purpose described in your application dated March 27, 2023 and received by the Division of Water Resources (Division) March 27, 2023. These impacts are covered by the Neuse River Buffer Rules and the 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)] This Authorization shall expire five (5) years from the date of this letter. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers – Zone 2 – detached garage 168 (square feet) 0 (square feet) Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the approved Bank Sponsor(s) EBX-Neuse I, LLC and Environmental Banc & Exchange. For accounting purposes, this Authorization Certificate authorizes payment to the Bank Sponsor to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: DocuSign Envelope ID: 9FBCAA51-1F26-4F84-8989-0DD4DB10DA25 North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 101 Marseille Pl. DWR# 20230495 Buffer Authorization Certificate Page 2 of 3 Compensatory Mitigation Required Bank Sponsor River & Sub-basin Number Buffer-Zone 1 252 (square feet) Environmental Banc & Exchange (EBX) Neuse: 03020201-Outside Falls Lake Watershed Total: 252 (square feet) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state’s antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. 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] 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. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: 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 DocuSign Envelope ID: 9FBCAA51-1F26-4F84-8989-0DD4DB10DA25 North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 101 Marseille Pl. DWR# 20230495 Buffer Authorization Certificate Page 3 of 3 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 letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Cherri Smith or Zachary Thomas at 919-791-4200 or cherri.smith@ncdenr or zachary.thomas@ncdenr if 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 Branch electronic file DocuSign Envelope ID: 9FBCAA51-1F26-4F84-8989-0DD4DB10DA25