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Home My WebLink About20221080 Ver 1_20221080 901 Marlowe Rd_NBR_Raleigh_EBX.docx_20220907 North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 September 7, 2022 DWR # 20221080 Wake County Ray and Mary Duncan 806 Williamson Dr. Raleigh, NC 27608 (via email: achdray@gmail.com) Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS 901 Marlow Rd., Raleigh Dear Mr. and Mrs. Duncan: You have our approval for the impacts listed below for the purpose described in your application dated August 10, 2022, received by the Division of Water Resources (Division) August 10, 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. 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)] This Authorization shall expire five (5) years from the date of this letter. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers – Zone 1 – garage, porch, driveway, shed removal, stairs 22 (square feet) 0 (square feet) Buffers – Zone 2 – garage, porch, driveway, shed removal, stairs 1,062 (square feet) 0 (square feet) DocuSign Envelope ID: D75B5442-8985-4A17-B341-66CC3CA651CF North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 901 Marlowe Rd. DWR# 20221080 Buffer Authorization Certificate Page 2 of 3 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 an acceptance letter from the approved Bank Sponsor(s) EBX for buffer credits from one of the following banks: EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank, RES 2021 Neuse Umbrella Mitigation Bank, or RES 2022 Phase II Umbrella Mitigation Bank, all located in HUC 03020201. For accounting purposes, this Authorization Certificate authorizes payment to the Bank Sponsor to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Required Bank Sponsor River & Sub-basin Number Buffer-Zone 1 66 (square feet) Environmental Banc & Exchange (EBX) Neuse: 03020201-Outside Falls Lake Watershed Total: 66 (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 .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] 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 ma y be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000. DocuSign Envelope ID: D75B5442-8985-4A17-B341-66CC3CA651CF North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 901 Marlowe Rd. DWR# 20221080 Buffer Authorization Certificate Page 3 of 3 One (1) copy of the Petition must also be served to the North Carolina Department o f 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 River Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Colleen Cohn at 919-791-42 or Colleen.Cohn@ncdenr.gov 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: DWR 401 & Buffer Permitting Branch electronic file DocuSign Envelope ID: D75B5442-8985-4A17-B341-66CC3CA651CF