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HomeMy WebLinkAboutSW5221102_Response To Comments_20230414 (3)DocuSign Envelope ID: 9E4AFB52-3E28-4959-B8CA-2CC1687C5175 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARb E. ROGERS, JR. Director December 12, 2022 Axiom Development 3, LLC Attn: Thomas White 3739 National Drive, Suite 105 Raleigh, NC 27612 (via email: twhitekpintailofs.com) NORTH CAROLINA Environmental Quality DWR 920221322 Nash County Subject: APPROVAL OF TAR-PAMLICO RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Bryson's Ridge Subdivision Dear Thomas White: You have our approval for the impacts listed below for the purpose described in your application dated and received by the N.C. Division of Water Resources (Division) on September 23, 2022, with payment received September 27, 2022, and additional information received November 28, 2022, and December 9, 2022. These impacts are covered by the Tar -Pamlico 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 Tar -Pamlico River Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B Tar -Pamlico .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 B1: Culvert — Road Crossing 4,560 (square feet) 0 (square feet) Buffers —Zone 2 B 1: Culvert —Road Crossing 2,920 (square feet) 1 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 of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)] D � ��� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NOR1H cAROLNa 919.791.4200 DocuSign Envelope ID: 9E4AFB52-3E28-4959-B8CA-2CC1687C5175 Bryson's Ridge Subdivision DWR# 20221322 Buffer Authorization Certificate Page 2 of 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 .0734]. 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. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: 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 Certification in accordance with N.C.G.S 15013-23(a). This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20221322 expires. This letter completes the review of the Division under the Tar -Pamlico River Riparian Buffer Rules as described in 15A NCAC 02B .0734. Please contact Zach Thomas at zachary.thomaskncdenr.gov or 919- 791-4255 if you have any questions or concerns. Sincerely, DocuSigned by: S(hff Vlbl,w, BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Ethan Averette, Stocks Engineering, PA (via email: eaverettekstocksen ing eering com) DWR 401 & Buffer Permitting via Laserfiche D � ��� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NOR1H cARouNa 919.791.4200