20210656 Ver 1_Buffer Approval Letter_20210913

September 13, 2021

DWR #20210656v1
Wake County
This letter replaces one dated April 22, 2021

Emily Crawford and Chad Cygan
113 Goldenthal Court
Cary, NC 27519
(via email at [e-mail])

Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS
113 Goldenthal Court

Ms. Crawford,

You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on March 26, 2021. This
letter shall act as your Authorization Certificate Approval as described within 15A NCAC
02B .0611(b). 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.

This approval requires you to comply with the following conditions:

1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Buffer Rules are met. No other impacts are approved, including
incidental impacts [15A NCAC 02B. 0714].

Type of Impact

Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers – Zone 2
B1: patios, fireplace 321 (square feet) 0 (square feet)

2. 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 a Statement of Availability letter from Environmental Banc and
Exchange, LLC and the EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank or
EBX Upper Neuse Riparian Umbrella Mitigation Bank to meet this mitigation requirement.
The specific bank site to be debited is either Buffalo Branch, Bucher, Selma Mill, Cedar
Grove, Ezell, Polecat, Stone Creek, Hannah Bridge, Meadow Spring, Poplar Creek, Uzzle, or
Hatley located in HUC 03020201. Until RES, LLC receives and clears your payment, and proof
of payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes
payment to Resource Environmental Solutions, LLC to meet the following compensatory
mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation
Required
Bank Sponsor River & Sub-basin
Number
Buffer-
Zone 2 481.5 (square feet)
EBX-Neuse I, LLC,
Environmental Banc and
Exchange, LLC
Neuse: 03020201-Not in
Falls Lake Watershed
Total: 481.5 (square feet)

3. Dispersed Flow
All stormwater must be directed and maintained as dispersed flow, as defined in 15A NCAC
02H .0100, at non-erosive velocities through the protected stream buffers such that it will
not re-concentrate before discharging into a stream. [15A NCAC 02B .0714 (9)]

4. No Additional Zone 1 Impacts
No impacts (except for "Deemed Allowable" uses as identified within 15A NCAC 02B .0714
(11) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by
the DWR. No impervious surfaces shall be added to Zone 1, unless otherwise approved by
the DWR. [15A NCAC 02B .0714 (8)(a)]

5. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .0200]. 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. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case-by-case basis.

6. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0501
and .0502].

7. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]

This Authorization neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Authorization does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and this
Authorization does not create any prescriptive right or any right of priority regarding any usage
of water. This Authorization 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 to possess any prescriptive or other right of priority with
respect to any other consumptive user regardless of the quantity of the withdrawal or the date
on which the withdrawal was initiated or expanded.

This Certification 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:

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 Riparian Buffer Rules as
described in 15A NCAC 02B .0714. Please contact Rick Trone at [e-mail] if you
have any questions or concerns.

Sincerely,

Paul Wojoski, Supervisor
401 & Buffer Permitting Branch

cc: DWR 401 & Buffer Permitting Unit

Filename:20210656 Ver 1_Crawford Cygan Backyard
Patio_Wake_NRB

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