HomeMy WebLinkAbout20221462 Ver 1_Approval Letter_20221215DocuSign Envelope ID: 35112452-2B25-4EAA-98D1-03F6F09F609B
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARI) E. ROGERS, JR.
Director
December 15, 2022
Stephen and Amy Senta
11717 Appaloosa Run East
Raleigh, NC 27613
(via email: amysental92gmail.com)
NORTH CAROLINA
Environmental Quality
DWR # 20221462
Wake County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS
WITH ADDITIONAL CONDITIONS
11717 Appaloosa Run East
Dear Stephen and Amy:
You have our approval for the impacts listed below for the purpose described in your application
dated October 19, 2022, received by the Division of Water Resources (Division) October 19,
2022, and with payment received October 25, 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 Certificate shall expire when the corresponding 401 Water
Quality Certification Approval DWR#20221462 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)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers — Zone 1
B 1: Road Crossing — Culvert/Ri Ra
5,424 (square feet
0 (square feet
Buffers — Zone 2
B1: Road Crossing - Culvert/RipRap
1,391 (square feet)
0 (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
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NCRTH CARCLINA ^ 919.791.4200
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DocuSign Envelope ID: 35112452-2B25-4EAA-98D1-03F6F09F609B
11714 Appaloosa Run East
DWR# 20221462
Buffer Authorization Certificate
Page 2 of 3
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 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.
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
NCRTH CARCLINA ^ 919.791.4200
uro a�.n—hl Q..Z�
DocuSign Envelope ID: 35112452-2B25-4EAA-98D1-03F6F09F609B
11714 Appaloosa Run East
DWR# 20221462
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 Zach Thomas at 919-791-4255 or
zachary.thomasgncdenr.gov if you have any questions or concerns.
Sincerely,
DocuSigned by:
Scoff VIIn,w'
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Kim Hamlin, Sage Ecological Services, LLC (via email: khamlin(cr�,sageecological. com)
DWR 401 & Buffer Permitting via Laserfiche
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
Nf1RTH CARp, iI 4 919.791.4200
ur aenm.n—t.l Q..Z�