20190788 Ver 2_Approval Letter_20230718

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

July 18, 2023

DWR #20190788v2
Johnston County

New Trinity Missionary Baptist Church
Attn: Michael Sims
115 S. Robertson St.
Clayton, NC 27528
(Delivered via email: [e-mail])

Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
EXCEPTION (MINOR VARIANCE) WITH ADDITIONAL CONDITIONS
New Trinity Missionary Baptist Church – New Sanctuary Building, Clayton

Dear Mr. Sims:

You have our approval for the impacts listed below for the purpose described in your
application dated July 5, 2023, and received by the Division of Water Resources (Division) July 5,
2023. These impacts are covered by the Neuse River 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. This Authorization Certificate with
Exception (Minor Variance) shall expire five (5) years from the date of this letter.

This approval requires you to comply with the following conditions:

The following impacts are hereby approved if all of the other specific and general conditions of
the 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 2
New Sanctuary Building 1,042 (square feet) 0 (square feet)

DocuSign Envelope ID: 0D6029BC-0654-4814-B809-5E1B589A022F

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

New Trinity Missionary Baptist Church
DWR# 20190788v2
Buffer Exception Certificate
Page 2 of 3

No Zone 1 Impacts
No impacts (except for "deemed allowable" uses as identified within 15A NCAC 2B .0714) shall
occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWR. No
impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWR. [15A
NCAC 2B .0714(10)(a)]

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 a letter dated August 16, 2019 from Wildlands Holdings II, LLC stating
that 1,563 square feet of buffer mitigation credits have been purchased in HUC 03020201 from
Old Savannah Nutrient Offset & Buffer Bank.
The Division acknowledges that payment to Wildlands Holdings II, LLC has been made to meet
the following compensatory mitigation requirement [15A NCAC 02B .0295 (f) & (g)]:

Compensatory Mitigation Required River & Sub-basin
Number
Buffer-Zone 2 0 (credits)
(1,563 credit requirement fulfilled 8/16/2019)
Neuse/03020201

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 des ignated 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 with
Exception. 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 with Exception 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 with Exception 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 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.
DocuSign Envelope ID: 0D6029BC-0654-4814-B809-5E1B589A022F

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

New Trinity Missionary Baptist Church
DWR# 20190788v2
Buffer Exception Certificate
Page 3 of 3

This Authorization Certificate with Exception 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 [phone].
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 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 Authorization Certificate to possess any
prescriptive or other right of priority with respect to any other consumptive user.
This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as
described in 15A NCAC 02B .0714. Please contact Zachary Thomas or Cherri Smith at 919-791-
4200 or [e-mail] or [e-mail] if you have any questions or
concerns.
Sincerely,

Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

cc: DWR 401 & Buffer Permitting Branch electronic file
Kevin Martin via e-mail at [e-mail]
DocuSign Envelope ID: 0D6029BC-0654-4814-B809-5E1B589A022F