HomeMy WebLinkAbout20191008 V2_Hillcrest Subdivision_TPBR_Franklin.docx.pdf DocuSign Envelope ID:5DOC3A47-7DEA-4FBB-AFBD-9F19DDEAOOAD
a�t STATE
ti
ROY COOPER = . o
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
November 30,2023
DWR#20191008 V2
Franklin County
ARS Hillcrest Development,LLC
Attn: Brent Earl Wood
1524 Canterbury Road
Raleigh,NC 27608
(via email: brent.earl.woodggmail.com)
Subject: APPROVAL of TAR-PAMLICO BASIN RIPARIAN BUFFER IMPACTS
WITH ADDITIONAL CONDITIONS
Hillcrest Subdivision
Dear Mr. Wood,
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) October 11, 2023. These impacts
are covered by the Tar-Pamlico River Buffer Rules. This Authorization Certificate replaces
the Authorization issued on August 28, 2019. 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 Tar-Pamlico River Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)
Type of Impact Amount Approved Amount Approved Mitigation
(units) (units) Amount
Permanent Temporary Required
Buffers—Zone 1
B1: Road Crossing 7,645 (square feet) 0 (square feet) 0 credits
132: SCM Outfall (Deemed) 226 (square feet) 0 (square feet) 0 credits
Buffers—Zone 2
B 1: Road Crossing 5,427 (square feet) 0 (square feet) 0 credits
132: SCM Outfall (Deemed) 210 (square feet) 0 (square feet) 0 credits
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 maybe required to
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA
919.791.4200
DocuSign Envelope ID:5DOC3A47-7DEA-4FBB-AFBD-9F19DDEAOOAD Hillcrest Subdivision
DWR#20191008 V2
Buffer Authorization Certificate
Page 2 of 3
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 .0734]. 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#20191008 V2 expires.
D� � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CARCLINA
919.791.4200
DocuSign Envelope ID:5DOC3A47-7DEA-4FBB-AFBD-9F19DDEAOOAD Hillcrest Subdivision
DWR#20191008 V2
Buffer Authorization Certificate
Page 3 of 3
This letter completes the Division's review under the Tar-Pamlico River Riparian Buffer Rules
as described in 15A NCAC 02B .0734. Please contact Zach Thomas at 919-791-4255 or
zachary.thomas(&deq.nc.gov if you have any questions or concerns.
Sincerely,
ocu Signed by:
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Vanessa Manuel,Assistant Regional Supervisor
Division of Water Resources -Raleigh Regional Office
Department of Environmental Quality
cc: Kim Hamlin, Sage Ecological(via email: khamlingsa eg ecological.com)
DWR 401 &Buffer Permitting Branch Electronic file
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
919.791.4200
NORTH CARCLINA
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