20210607 Ver 1_Approval Letter_20210419

April 13, 2021

DWR # 20210607
Franklin County

Franklin Acquisitions, LLC
Attn: Scott Carle
8804 Albright Road
Raleigh, NC 27612-7445

Subject: APPROVAL OF TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
Essex Townes/Essex Village

Dear Mr. Carle:

You have our approval for the impacts listed below for the purpose described in your application dated
March 22, 2021, received by the Division of Water Resources (Division) March 22, 2021. 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. This Authorization Certificate shall expire five (5) years from the
date of this letter.
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)]

Type of Impact

Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers – Zone 1
B1: Road Crossing/Grading 2,770 (square feet) 0 (square feet)
Buffers – Zone 2
B1: Road Crossing/Grading 4,707 (square feet) 0 (square feet)

Additional Conditions:
Compensatory Mitigation from NCDEQ Division of Mitigation Services
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received a Statement of Availability letter from NCDEQ Division of Mitigation Services (DMS) to meet
this mitigation requirement located in HUC 03020101. Until DMS receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate
DocuSign Envelope ID: 38C596BF-E457-4AFA-AFDD-96A63070FD62

Essex Townes/Essex Village
DWR# 20210607
Buffer Authorization
Page 2 of 3

shall occur. For accounting purposes, this Authorization Certificate authorizes payment to DMS to meet
the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Buffer Compensatory
Mitigation Required
Bank Sponsor River & Sub-basin Number
Zone 1 8,310 (square feet) NCDEQ DMS Tar-Pamlico: 03020101
Zone 2 7,060.5 (square feet) NCDEQ DMS Tar-Pamlico: 03020101
Total: 15,370.5 (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 .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]
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 [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:

DocuSign Envelope ID: 38C596BF-E457-4AFA-AFDD-96A63070FD62

Essex Townes/Essex Village
DWR# 20210607
Buffer Authorization
Page 3 of 3

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described
in 15A NCAC 02B .0734. Please contact Stephanie Goss at 919-791-4256 or [e-mail]
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: Kevin Martin, Soil and Environmental Consultants, Inc. (via email)
DWR 401 & Buffer Permitting Branch via Laserfiche

DocuSign Envelope ID: 38C596BF-E457-4AFA-AFDD-96A63070FD62