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Home My WebLink About20201434 Ver 2_Approval Letter_20230809 (3)DocuSign Envelope ID: 7258F6B2-3B25-4736-BCE1-E035C7BE6675 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARI) E. ROGERS, JR. Director August 9, 2023 Johnston County Attn: Rick Hester, Manager PO Box 1049 Smithfield, NC 27577 (via email: rick.hesterkjohnstonnc.com) NORTH CAROLINA Environmental Quality DWR # 20201434 V2 Johnston County Subject: APPROVAL of NEUSE RIVER RIPARIAN BUFFER IMPACTS WITH ADDDITIONAL CONDITIONS 4 MGD WWTF Upgrade, Force Main, and Discharge Project Dear Rick Hester, 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) February 15, 2023, with additional information received July 12, 2023, July 27, 2023, and August 9, 2023. These impacts are covered by the Neuse River Riparian 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 Neuse River Riparian 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 Mitigation Amount Required Buffers — Zone 1 B1: Sewer Line Crossing 0 (square feet) 1,188 (square feet) 0 credits B2: Sewer Line Crossing 905 (square feet) 0 (square feet) 0 credits 134: Access Road/Sewer Line Crossing 12,649 (square feet) 27,067 (square feet) 0 credits B7: Sewer Line Crossing 0 (square feet) 749 (square feet) 0 credits B8: Sewer Line Crossing 720 (square feet) (146 overlap wetland) 0 (square feet) 1,722 credits Buffers — Zone 2 B1: Sewer Line Crossing 0 (square feet) 1,026 (square feet) 0 credits B2: Sewer Line Crossing 633 (square feet) 0 (square feet) 0 credits B3: Sewer Line Crossing 0 (square feet) 1,252 (square feet) 0 credits NORTH �AAo�� D E Q� �pprNie�rt ei Emlronmenfal 9usl\ North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 7258F6B2-3B25-4736-BCE1-E035C7BE6675 T l.IGD WWTF Upgrade, Force Main, and Discharge Project DWR# 20201434 V2 Buffer Authorization Certificate Page 2 of 3 134: Access Road/Sewer Line Crossing 18,344 (square feet) 11,524 (square feet) 0 credits 135: Sewer Line Crossing 0 (square feet) 305 (square feet) 0 credits 136: Sewer Line Crossing 0 (square feet) 304 (square feet) 0 credits 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 0213.0611(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 0213.0611(b)(2)]. 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: Mitigation must be provided for the proposed impacts as specified in the table below. The attached Compensatory Mitigation Responsibility Acceptance Form shall be completed and provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then the Permittee shall request a revised Compensatory Mitigation Responsibility Acceptance Form from the Division prior to conducting any impacts. Compensatory Mitigation Required River and Sub -basin Number Neuse River Riparian Buffer 1,722 square feet (credits) Neuse River / 03020201 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 North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLIW 919.791.4200 ftp u.oa �� m.io.si� DocuSign Envelope ID: 7258F6B2-3B25-4736-BCE1-E035C7BE6675 T l.IGD WWTF Upgrade, Force Main, and Discharge Project DWR# 20201434 V2 Buffer Authorization Certificate Page 3 of 3 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 when the corresponding 401 Water Quality Certification Approval DWR#20201434 V2 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 0213.0611(b)(2). Please contact Zach Thomas at 919-7914255 or zachM.thomaskdeq.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: Uaan c.ssa f. 62916E6A632144F... Vanessa Manuel, Assistant Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Linda Diebolt, Hazen & Sawyer (via email: ldieboltkhazenandsa ewe) Kim Rineer, Johnston County (via email: kim.rineerkj ohnstonnc.com) DWR 401 & Buffer Permitting Branch electronic file North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NORTH CAROLIW 919.791.4200 ftp u.oa �� m.io.si�