20230055 Ver 1_Buffer Approval_20230504

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 4, 2023
DWR #20230055
Alamance County
Peloquin Construction, Inc.
Attn: Jeff Peloquin
1020 Vista Wood Drive
Hillsborough, NC 27278
Delivered via email to: [e-mail]
Subject: APPROVAL OF JORDAN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Jim Minor Road (Land for Peloquin)
Dear Mr. Peloquin:
You have our approval for the impacts listed below for the purpose described in your application
received by the N.C. Division of Water Resources (DWR or Division) on January 9, 2023, subsequent
information on January 23, 2023, March 14, 2023, and May 1, 2023. These impacts are covered by the
Jordan 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 Jordan Buffer Rules are met. No other impacts are approved, including incidental
impacts [15A NCAC 02B .0267(11)].
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Buffers — Zone 2
Site 1
0 (square feet)
1,800 (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 .0267(11)].
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 W. Hanes Mill Rd, Suite 300 I Winston-Salem, North Carolina 27105
Moan caaouNn 336.776.9800
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Jim Minor Road (Land for Peloquin)
DWR #20230055
Buffer Authorization Certificate
Page 2 of 3
If you are unable to comply with any of the conditions below, you must notify the Winston-Salem
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 Winston-Salem Regional Office any noncompliance with the conditions
of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .0267]. 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.
Additional Conditions:
1. No impacts shall occur to Zone 1 of the protected riparian buffers [except for uses and activities
designated as "exempt" within 15A NCAC 02B .0267(9) and (7)(a)], unless otherwise approved
by the Division.
Immediately post -construction, bare soils must be stabilized as quickly as possible by providing a
temporary ground cover. Newly seeded areas should be protected with mulch and/or erosion
matting. This ground cover is a temporary measure used to address erosion until buffer
restoration can be accomplished [15A NCAC 02B .0611(b)(4), 15A NCAC 0213.0203, 15A NCAC
02B .0267(8) and (9)].
The Permittee shall replant the vegetation within temporarily disturbed areas associated with
this project in an "in kind" manner immediately following construction. (Example: Disturbed
areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-
existing trees or woody vegetation must be replanted with trees and woody vegetation.
Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation
including at least two different native hardwood tree species at a density sufficient to provide
260 trees per acre at maturity. This density can usually be achieved by planting approximately
436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) Restoration of trees/shrubs/forest
must be completed by the first subsequent planting season (November 1 through March 30).
Please note, if the tree plantings do not survive, they will need to be replaced such that the
density is sufficient to provide 260 trees per acre at maturity [15A NCAC 02H .0507(c), 15A NCAC
02H .0506(b)(3), and 15A NCAC 02B .0267(9)].
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.
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NOR1H CARou Na 336.776.9800
n.o .m me.a...m..�o..i� /"f

Jim Minor Road (Land for Peloquin)
DWR #20230055
Buffer Authorization Certificate
Page 3 of 3
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.
This Authorization shall expire five (5) years from the date of this letter / when the corresponding 401
Water Quality Certification Approval DWR #20230055 expires.
This letter completes the Division's review under the Jordan Riparian Buffer Rules as described in 15A
NCAC 02B .0267. Please contact Seren Homer at 336-776-9698 or [e-mail] if you have
any questions or concerns.
Sincerely,
DocuSigned by:
OD2D3CE3F161416...
Jennifer F. Graznak
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Electronic cc: Morgan Gilbert, Timmons Group
Christopher Hopper, USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch Electronic File
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Rd, Suite 300 1 Winston-Salem, North Carolina 27105
NORTH CARou Na 336.776.9800
n.o .m me.a...m..�o..i� /"f