HomeMy WebLinkAbout20221640 Ver 2_Approval Letter_20230210 (2)DocuSign Envelope ID: 43143219-B512-4D6A-83BF-94E095977AD1
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARI) E. ROGERS, JR.
Director
February 10, 2023
NORTH CAROLINA
Environmental Quality
DWR 9 20230190
Wake County
Wellington Park Homeowners Association
Attn: Scott Drebitko
1000 Forest Park Way
Cary, NC 27518
(via email sdrebitkogracanelliconstruction.com)
Subject: APPROVAL of NEUSE RIVER RIPARIAN BUFFER IMPACTS
Wellington Park Dredging West
Dear Mr. Drebitko:
You have our approval for the impacts listed below for the purpose described in your application
dated received by the Division of Water Resources (Division) November 17, 2022, with
additional information received January 27, 2023. These impacts are covered by the Neuse
River Riparian Buffer Rules and the conditions listed below. This Buffer Authorization does not
relieve the permittee of the responsibility to obtain all other required Federal, State, or Local
approvals before proceeding with the project, including those required by, but not limited to,
Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and/or Stormwater
regulations.
The following impacts are hereby approved, provided that all of the Conditions listed below, and
all of the conditions of the Neuse River Riparian Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B.0611(b)(2)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers — Zone 1
B 1: Dredging access
0 (square feet
4,190 (square feet
Buffers — Zone 2
B1: Dredging access
0 (square feet)
1,063 (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
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
919.707.9000
DocuSign Envelope ID: 43143219-B512-4D6A-83BF-94E095977AD1
Wellington Park Dredging West
DWR# 20230190
Buffer Authorization Certificate
Page 2 of 3
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 0213.0611(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 0213.0611(b)(2)]. 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
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLIW 919.707.9000
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DocuSign Envelope ID: 43143219-B512-4D6A-83BF-94E095977AD1
Wellington Park Dredging West
DWR# 20230190
Buffer Authorization Certificate
Page 3 of 3
This Authorization shall expire when the corresponding 401 Water Quality Certification
Approval DWR#20230190 expires.
This letter completes the Division's review under the Neuse Riparian Buffer Rules as described
in 15A NCAC 02B.0611(b)(2).
Please contact Zach Thomas at 919-791-4255 or zachary.thomasgncdenr.gov if you have any
questions or concerns.
Sincerely,
ocuSigned by:
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a, f,
2916E6AB32144F...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Electronic cc: Connor Brown, Kris Bass Engineering (via email: cbrowngkbeng.org)
Carmen Tormey, Kris Bass Engineering (via email: ctormey_(r)c,kbeng.org)
DWR 401 & Buffer Permitting Branch electronic file
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLIW 919.707.9000