23-0646_After-the-Fact_1704 Lookout Point Court_NBR_Wake (replacement).docx

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

August 10, 2023

DWR # 20230646
Wake County
Sharon Marie Zimmerman
1704 Lookout Point Court
Raleigh, NC 27612
(via email: [e-mail])

Subject: AFTER-THE-FACT APPROVAL OF NEUSE RIVER BASIN RIPARIAN
BUFFER IMPACTS
1704 Lookout Point Court, Raleigh

Dear Mrs. Sharon Marie Zimmerman:

You have our approval for the impacts listed below for the purpose described in your application dated
May 3, 2023 and received by the Division of Water Resources (Division) May 3, 2023 with additional
information received on August 10, 2023. This Buffer Authorization replaces the previously issued
Buffer Authorization dated June 2, 2023 to include an additional impact for a sidewalk. These
impacts are covered by the Neuse River Buffer Rules and the conditions listed below. Please note that
you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations.
The following impacts are hereby approved, provided that all of the conditions listed below and all of the
conditions of the Neuse River Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B Neuse .0611(b)(2)] This Authorization shall expire five (5) years from the
date of this letter.

Type of Impact

Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers – Zone 2 –
retaining wall
70 (square feet) 0 (square feet)
Buffers – Zone 2 –
sidewalk
2.5 (square feet) 0 (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 .0611(b)(2)]
DocuSign Envelope ID: 838B0A4D-2C5A-45C7-AD29-355AD51264B1

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

After-the-Fact 1704 Lookout Point Ct.
DWR# 20230646
Buffer Authorization Certificate
Page 2 of 3

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
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]
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 [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 Cherri Smith or Zachary Thomas at 919-791-4200 or
[e-mail] or [e-mail] if you have any questions or concerns.

Sincerely,

Vanessa E. Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
DocuSign Envelope ID: 838B0A4D-2C5A-45C7-AD29-355AD51264B1

North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200

After-the-Fact 1704 Lookout Point Ct.
DWR# 20230646
Buffer Authorization Certificate
Page 3 of 3

cc: DWR 401 & Buffer Permitting Branch electronic file
Bob Zarzecki, S&EC ([e-mail])

DocuSign Envelope ID: 838B0A4D-2C5A-45C7-AD29-355AD51264B1