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Home My WebLink About2023-0563 313 Gary St_NBR_Wake_EBX.docx North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 May 10, 2023 DWR # 20230563 Wake County Mark Delaney and Anna Preseren 314 West Jones St., Apt. #523 Raleigh, NC 27603 (Delivered via email: delaneymark@ymail.com) Subject: APPROVAL of NEUSE BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Porch Addition – 313 Gary St., Raleigh Dear Mr. Delaney and Ms. Preseren: You have our approval for the impacts listed below for the purpose described in your application dated April 18, 2023 and received by the Division of Water Resources (Division) April 18, 2023. These impacts are covered by the Neuse Buffer Rules. 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 if all the conditions of the Neuse 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 Zone 1: Porch 20 (square feet) 0 (square feet) Zone 2: Porch 348 (square feet) 0 (square feet) 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-Neuse I, LLC and Environmental Banc & Exchange. 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 60 (square feet) Environmental Banc & Exchange (EBX) Neuse: 03020201-Outside Falls Lake Watershed DocuSign Envelope ID: BA66E8FB-6389-4B3E-9654-44E4D653591E North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 313 Gary Street DWR# 20230563 Buffer Authorization Certificate Page 2 of 3 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 02.0714]. 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 150B-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 DocuSign Envelope ID: BA66E8FB-6389-4B3E-9654-44E4D653591E North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 313 Gary Street DWR# 20230563 Buffer Authorization Certificate Page 3 of 3 Authorization Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user. This Authorization shall expire five (5) years from the date of this letter. This letter completes the Division’s review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B.0714. Please contact Zachary Thomas or Cherri Smith at 919-791-4200 or zachary.thomas@ncdenr.gov or cherri.smith@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 cc: DWR 401 & Buffer Permitting Branch electronic file Jordan Smith (jvsmithland@gmail.com) DocuSign Envelope ID: BA66E8FB-6389-4B3E-9654-44E4D653591E