HomeMy WebLinkAbout20201285 Ver 1_Buffer Approval Letter_20220811DocuSign Envelope ID: 16966E4C-0884-4361-9DA0-AC3B35770924
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
August 11, 2022
DWR # 20201285
Wake County
Town of Holly Springs
Attn: Matt Beard
128 S. Main Street
Holly Springs, NC 27540
(via email matt. beard@hollyspringsnc. us)
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
Arbor Creek — Middle Creek Greenway
Dear Mr. Beard:
You have our approval for the impacts listed below for the purpose described in your application dated
April 13, 2022, received by the Division of Water Resources (Division) April 13, 2022, and additional
information received on June 10, 2022, and June 28, 2022. 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.
This Authorization shall expire when the corresponding 401 Water Quality Certification Approval
DWR#20201285 expires.
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)]
North Carolina Department of Environmental Quality I Division of Water Resources
4NORT�HCv Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NoarrionaouNa a 919.791.4200
Department ofEnvlronmantal Ouali�
DocuSign Envelope ID: 16966E4C-0884-4361-9DA0-AC3B35770924
Arbor Creek - Middle Creek Greenway
DWR# 20201285
Buffer Authorization Certificate
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers - Zone 1
B1: Greenwa
1,900
(square feet
5,047
(square feet
132: Greenwa
1,620
(square feet
5,316
(square feet
133: Greenwa
600
(square feet
2,858
(square feet
B4: Greenwa
760
(square feet
3,161
(square feet
B5: Greenwa
3,334
(square feet
4,916
(square feet
136: Greenwa
5,171
(square feet
13,825
(square feet
137: Greenwa
4,332
(square feet
12,810
(square feet
138: Greenwa
596
(square feet
2,774
(square feet
B9: Construction Access
0 (square
feet
1,778
(square feet
B10: Greenwa
598
(square feet
1,797
(square feet
B 11: Greenwa
691
(square feet
2,461
(square feet
Buffers - Zone 2
B 1: Greenwa
420
(square feet
2,278
(square feet
B2: Greenwa
1,120
(square feet
3,913
(square feet
133: Greenwa
400
(square feet
1,139
(square feet
134: Greenwa
540
(square feet
1,452
(square feet
135: Greenwa
3,225
(square feet
8,191
(square feet
136: Greenwa
2,153
(square feet
8,100
(square feet
B7: Greenwa
3,619
(square feet
8,908
(square feet
138: Greenwa
1,092
(square feet
2,844
(square feet
139: Construction Access
0 (square feet
1, 079
(square feet
B10: Greenwa
401
(square feet
1,203
(square feet
B11: Greenwa
622
(square feet
1,790
(square feet
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] 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORrH CAROLINA 919.791.4200
oepanmem or enrimnmenWl ouai�
DocuSign Envelope ID: 16966E4C-0884-4361-9DA0-AC3B35770924 Arbor Creek — Middle Creek Greenway
DWR# 20201285
Buffer Authorization Certificate
Page 3 of 3
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
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described
in 15A NCAC 02B .0714. Please contact Colleen Cohn at 919-791-4258 or Colleen. Cohn(&ncdenr. gov if
you have any questions or concerns.
Sincerely,
DocuSigned by:
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: DWR 401 & Buffer Permitting via Laserfiche
Anna Reusche, SEPI, Inc (via email)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORrH CAROLINA 919.791.4200
oepanmem or enrimnmenWl ouai�