20230996 Ver 1_Approval Letter_20230912 (2)

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 12, 2023
DWR # 20230996
Union County
Ben and Julie Burgess
10927 Stone Bunker Dr.
Mint Hill, NC 28227
Delivered via email to: [e-mail], [e-mail]
Subject: APPROVAL of GOOSE CREEK RIPARIAN BUFFER IMPACTS
Machado Drive
Mr. and Mrs. Burgess,
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 12, 2023 with subsequent information on
September 11, 2023. These impacts are covered by the Goose Creek 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 Goose Creek Buffer Rules are met. No other impacts are approved, including
incidental impacts. [15A NCAC .0606(b)(2)]
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Buffers —Zone 1
Site 1 / Buffer Impact /
5,000 (square feet)
0 (square feet)
Driveway
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 .0606(b)(2)]
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
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Machado Drive
DWR# 20230996
Buffer Authorization Certificate
Page 2 of 3
If you are unable to comply with any of the conditions below, you must notify the Mooresville 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 Mooresville Regional Office any noncompliance with the conditions of
this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B .0607]. 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:
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
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 when the corresponding 401 Water Quality Certification Approval
DWR#20230996 WQC006271 expires.
This letter completes the Division's review under the Goose Creek Riparian Buffer Rules as described in
15A NCAC 02B .0607. Please contact Arnie Hoy at 704-235-2200 or [e-mail] if you have
any questions or concerns.
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
NORT CAROIINA 919.707.9000
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Machado Drive
DWR# 20230996
Buffer Authorization Certificate
Page 3 of 3
Sincerely,
DocuSigned by:
F161FB69A2D84A3...
Andrew H. Pitner, P.G. Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Electronic cc: Jennifer Robertson, [e-mail]
Emily Greer, USACE Charlotte Regulatory Field Office
DWR 401 & Buffer Permitting Branch electronic file
Filename: 20230996Machado Drive BA 9.11.2023.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINQ 919.7()7.9()()()
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