2023-1264 _165 Winnebago Loop Driveway_TPBR_Franklin.docx

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

October 3, 2023

DWR # 20231264
Franklin County

Anthony Pinto
1901 Somerset Hills Ct.
Raleigh, NC 27604
Delivered via email ([e-mail])

Subject: APPROVAL of TAR-PAMLICO BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
165 Winnebago Loop Driveway, Lake Royale

Dear Mr. Pinto:
You have our approval for the impacts listed below for the purpose described in your application dated
September 11, 2023 and received by the Division of Water Resources (Division) September 11, 2023.
These impacts are covered by the Tar-Pamlico Buffer Rules. 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 if all the conditions of the Tar-Pamlico 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

Required
Amount
Mitigation
Zone 2: Grading 600 (square feet) 0 (square feet) 900 (credits)
Zone 2: Concrete
Driveway Apron
480 (square feet) 0 (square feet) 720 (credits)

Compensatory Mitigation Using the NCDEQ Division of Mitigation Services
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 for the
proposed impacts changes after issuance of this Authorization, then the Permittee shall request a
revised Compensatory Mitigation Responsibility Acceptance Form from the Division prior to conducting
any impacts.

DocuSign Envelope ID: 0339E14C-6831-4883-BE03-771385008EE0

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

165 Winnebago Loop DW
DWR# 20231264
Buffer Authorization Certificate
Page 2 of 3

Compensatory Mitigation Required River & Sub-basin Number
Buffer-Zone 2 1,620 (square feet) Tar-Pamlico: 03020101
Total 1,620 (square feet)

Citation: 15A NCAC 02H .0506 (b)(6)
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 designated 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 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)]
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
02.0714]. 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.

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 150B-23(a).
DocuSign Envelope ID: 0339E14C-6831-4883-BE03-771385008EE0

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

165 Winnebago Loop DW
DWR# 20231264
Buffer Authorization Certificate
Page 3 of 3

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 Tar-Pamlico Riparian Buffer Rules as described in
15A NCAC 02B.0734. 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,

Vanessa E. Manuel
Assistant Regional Supervisor
Division of Water Resources – Raleigh Regional Office
Department of Environmental Quality

cc: DWR 401 & Buffer Permitting Branch electronic file

DocuSign Envelope ID: 0339E14C-6831-4883-BE03-771385008EE0