HomeMy WebLinkAbout20220493 Ver 2_Buffer Approval Letter_20220613 (2)DocuSign Envelope ID: 3E8CFE8F-45F3-42CB-9D90-38A7F1CA77C2
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
June 13, 2022
DWR # 20220493 v2
Wake County
Duke Energy
Attn: Jamie Bobbitt
550 South Tryon Street, Suite 180
Charlotte, NC 28292
(via email Jamie.Bobbitt@duke-energy.com)
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
Poole Road Distribution Project
Dear Mr. Bobbitt:
You have our approval for the impacts listed below for the purpose described in your application dated
April 21, 2022, and received by the Division of Water Resources (Division) April 21, 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 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. f 15A NCAC 02B Neuse .0611(b)(2)l
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers —
Zone 1
B 1: Utility
Crossing
— Non -Perpendicular
1440
(square feet
0
(square feet
B2: Utility
Crossing
— Non -Perpendicular
1554
(square feet)
0
(square feet)
134: Utility
Crossing
— Non -Perpendicular
703
(square feet
0
(square feet
135: Utility
Crossing
— Non -Perpendicular
1881
(square feet
0
(square feet
136: Utility
Crossing
— Non -Perpendicular
823
(square feet
0
(square feet
Buffers —
Zone 2
B1: Utility
Crossing
— Non -Perpendicular
1698
(square feet)
0
(square feet)
B2: Utility
Crossing
— Non -Perpendicular
592
(square feet
0
(square feet
133: Utility
Crossing
— Non -Perpendicular
54 (square
feet
0
(square feet
134: Utility
Crossing
— Non -Perpendicular
485
(square feet
0
(square feet
135: Utility
Crossing
— Non -Perpendicular
686
(square feet
0
(square feet
B6: Utility
Crossing
— Non -Perpendicular
1736
(square feet)
0
(square feet)
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
NORTHCAROUNA 919.791.4200
Department ofEnvlronmantal Duali�
DocuSign Envelope ID: 3E8CFE8F-45F3-42CB-9D90-38A7F1CA77C2
Poole Road Distribution Project
DWR# 20220493
Buffer Authorization Certificate
Page 2 of 3
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 .07141. 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 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
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.
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
NoarHcnaouNn 919.791.4200
oepanmem or enrimnmenWl ouai�
DocuSign Envelope ID: 3E8CFE8F-45F3-42CB-9D90-38A7F1CA77C2
Poole Road Distribution Project
DWR# 20220493
Buffer Authorization Certificate
Page 3 of 3
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(c-r�,ncdenr.gov if
you have any questions or concerns.
Sincerely,
Docu Signed by:
Ice vlaSbVU
BCDMD825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: DWR 401 & Buffer Permitting via Laserfiche
Charles Benton, AECOM (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
NoarHcnaouNn 919.791.4200
oepanmem or enrimnmenMl ouai�