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Home My WebLink About20230922 Ver 1_Riparian Buffer Authorization_20231006 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 6, 2023 DWR# 20230922 v.1 Pamlico County Frank Barron 177 Trawler Lane Merritt, NC 28556-9445 Delivered via email to: fbarron@acccon.net Subject: APPROVAL of 15A NCAC 02B .0714 NEUSE RIVER BASIN RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL CONDITIONS. Project: #20230922 V.1 Barron Pool, 177 Trawler Lane, Merritt, NC Dear Mr. Barron You have our approval for the impacts listed below for the purpose described in your application dated and received by the Division of Water Resources (Division) 06/27/2023 with subsequent information on 9/25, 9/29, and 10/06/2023. These impacts are covered by the Neuse River Basin 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 Basin Riparian Buffer Rules are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers – Zone 1 #20230922 V.1 Barron Pool 200 (square feet) 0 (square feet) Buffers – Zone 2 #20230922 V.1 Barron Pool 169.5 (square feet) 0 (square feet) 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 DWR# 20230922v.1 Buffer Authorization Certificate Page 2 of 5 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 .0714 NEUSE RIVER BASIN RIPARIAN BUFFER RULES If you are unable to comply with any of the conditions below, you must notify the Washington 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 Washington 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 NEUSE RIVER BASIN RIPARIAN BUFFER RULES. 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 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 Certificate, then the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form from the Division prior to conducting any impacts. 15A NCAC 02B .0714 Compensatory Mitigation Required River and Sub-basin Number Neuse River Basin Riparian Buffer 254 square feet (credits) Neuse River Basin / 03020204 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. 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 DWR# 20230922v.1 Buffer Authorization Certificate Page 3 of 5 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). 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 15A NCAC 02B .0714 NEUSE RIVER BASIN RIPARIAN BUFFER RULES as described in 15A NCAC 02B.0714. Please contact Washington regional office staff at 252-946-6481 or glenn.stewart@deq.nc.gov if you have any questions or concerns. Sincerely, David May, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources Washington Regional Office Electronic cc: Brian Grigsby, G3 Permitting, g3permitting@outlook.com DWR 401 & Buffer Permitting Branch electronic file Filename: WaterResources\DWR - Wetlands Program\Non DOT\2023\20230922\Ver 1.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 COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM October 6, 2023 Permittee: Frank Barron DWR Project: #20230922 V.1 Project Name: Barron Pool County: Pamlico 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 Certificate issued to Frank Barron, dated 10/06/2023 as provided in the table below. Compensatory Mitigation Required River and Sub-basin Number Neuse River Basin Riparian Buffer 254 square feet (credits) Neuse River Basin / 03020204 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. As a reminder to the Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be met through preservation. (15A NCAC 02B .0295). Signature Authority Name (print): ________________________________________________________ Signature: ____________________________________________ Date: _______________________ 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 DWR# 20230922 V.1 Page 5 of 5