HomeMy WebLinkAbout20230574 Ver 1_Approval Letter_20230515
May 15, 2023
DWR # 20230574
CravenCounty
John McClain
915 Butler Ford Road
Vanceboro, NC 28586
Delivered via email to: cstrawm@cravemcpimtumc.gov
Subject: APPROVAL of NEUSERIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
BUTLER FORD/LITTLE SWIFT CREEK BOAT RAMP
Dear Mr. McClain:
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) April 19, 2023,with subsequent information on
May 11, 2023. These impacts are covered by the Neuse Buffer Rules andthe 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 Buffer Rules are met. No other impacts are approved, including incidental
impacts. \[15A NCAC 02B.0611(b)(2)\]
Type of ImpactAmount Approved (units)Amount Approved (units)
PermanentTemporary
Buffers Zone 1
Site # / Feature ID / 421(square feet)0 (square feet)
Purpose
Buffers Zone 2
Site # / Feature ID / 375(square feet)0 (square feet)
Purpose
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
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
John McClain
DWR# 20230574
Buffer Authorization Certificate
Page 2of 3
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 WashingtonRegional
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 WashingtonRegional 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 dayif a weekend
or holiday) from the time the applicant became aware of the circumstances.
Additional Conditions:
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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/
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).
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
John McClain
DWR# 20230574
Buffer Authorization Certificate
Page 3of 3
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 thisletter.
NeuseRiparian Buffer Rules as described in 15A
NCAC 02B.0714. Please contact Robert Tankardat 252-948-3921)or robert.tankard@ncdenr.govif you
have any questions or concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Electronic cc:Chad Strawn,cstrawn@cravencountync.gov
Wayne Floyd, mendlewayne.floyd@gmail.com
Raleigh Bland, raleigh.w.bland@usace.army.mil
Kent Vaughan, kent.vaughan@ncdenr.gov
laserfiche
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000