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Home My WebLink About20170958 Ver 2_Approval Letter_20230814Doc 1" Envelope ID: EB832887-BE3D-43D3-8DA3 AF3FD298CBD8 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality August 11, 2023 DWR # 20170958 v2 Mecklenburg County Charlotte Water Attn: Justin Webster 5100 Brookshire Blvd Charlotte NC 28216 Delivered via email to: austin.webster@charlottenc.gov Subject: APPROVAL of GOOSE CREEK RIPARIAN BUFFER AUTHORIZATION WITH EXCEPTION WITH ADDITIONAL CONDITIONS Ashe Plantation Wastewater Treatment Plant Dear Mr. Webster: 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) June 30, 2023, with subsequent information on July 31, 2023. These impacts are covered by the Goose Creek Buffer Rules and the conditions listed below. This Buffer Authorization with Exception 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 Goose Creek Buffer Rules are met. The approved impacts to Zone 1, listed below, were previously approved temporary impacts from 20170958 issued August 17, 2017. The approved impacts, listed below, reflect the current permanent impacts to Zone 1 on the site as well as proposed new impacts to Zone 2. No other impacts are approved, including incidental impacts..0611(c)(2) Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers —Zone 1 WWTP Expansion 9,809(square feet) 0 (square feet) Buffers — Zone 2 WWTP Expansion 3,066 (square feet) 0 (square feet) � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA oaa..m.mof�runn,aM,lOual\ /� 919.707.9000 DocuSign Envelope ID: EB832887-BE3D-43D3-8DA3-AF3FD298CBD8 Charlotte Water DWR# 20170958 v2 Buffer Authorization Certificate with Exception Page 2 of 4 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 with Exception and is responsible for complying with all conditions. [15A NCAC 02B .0611(c)(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 02B .0606]. 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: 1. Mitigation must be provided for the proposed impacts as specified in the table below. The attached Compensatory Mitigation Responsibility Transfer Form (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 Transfer Form from the Division prior to conducting any impacts. Compensatory Mitigation Required River and Sub -basin Number Goose Creek Buffer 12,875 square feet @3:1 (credits) Goose Creek / 03040105 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 D � � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROL 04patneMbfE I,n W10-Ift /� 919.707.9000 DocuSign Envelope ID: EB832887-BE3D-43D3-8DA3-AF3FD298CBD8 Charlotte Water DWR# 20170958 v2 Buffer Authorization Certificate with Exception Page 3 of 4 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. This Authorization shall expire five (5) years from the date of this letter. This letter completes the Division's review under the Goose Creek Riparian Buffer Rules as described in 15A NCAC 02B .0606. Please contact Sue Homewood at 336-813-1863 or sue.homewood@ncdenr.gov if you have any questions or concerns. Sincerely, EsDocuSigned by: fp6u�t, 1�6SS 755ABFOCD8OB428... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Electronic cc: Phillip May, Inver Environmental Consulting LLC; via email (philm@inverenv.com) Joseph C Wilson, P.E., City of Charlotte; via email (carl.wilson@charlottenc.gov) DWR 401 & Buffer Permitting Branch electronic file Filename: 20170958 v2 Ashe Plantation WWTP — Mecklenburg — Goose Creek Exception.docx D � � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROL 04patneMbfE I,—U10-Ift /� 919.707.9000 DocuSign Envelope ID: EB832887-BE3D-43D3-8DA3 AF3FD298CBD8 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM August 11, 2023 Permittee: Charlotte Water —Justin Webster DWR Project # 20170958 v2 Project Name: Ashe Plantation Wastewater Treatment Plant County: Mecklenburg The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to satisfy the mitigation requirements set forth in the Buffer Authorization with Exception issued to Charlotte Water dated August 11, 2023, as provided in the table below. Compensatory Mitigation River and 8-digit HUC Number Goose Creek Buffer 12,875 square feet @3:1 (credits) Goose Creek / 03040105 The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before conducting any of the authorized impacts. The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will be debited using approved released or advance credits, and for all stream or wetland credits is in accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below, DMS is accepting full responsibility for the identified mitigation. Signature Authority Name (print): Signature: Date: � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA oaa..m.mof�runn,aM,lOual\ /� 919.707.9000