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Home My WebLink About20231054 Ver 1_Approval Letter_20231031 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 31, 2023 DWR# 20231054 v.1 Craven County City of New Bern C/O Foster Hughes PO Box 1129 New Bern, NC 28563 Delivered via email to: hughes@newbernnc.gov Subject: APPROVAL of 15A NCAC 02B .0714 NEUSE RIVER BASIN RIPARIAN BUFFER AUTHORIZATION CERTIFICATE. Project: #20231054 v.1, New Bern Duffyfield Community Stormwater Enhancement Project Mr. Hughes, You have approval for the impacts listed below for the purpose described in your application dated and received by the Division of Water Resources (Division) 7/25/2023. These impacts are covered by the Neuse River Basin Riparian Buffer Rules 15A NCAC 02B .0714 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 of the Neuse River Basin Riparian Buffer Rules 15A NCAC 02B .0714 are met. No other impacts are approved, including incidental impacts. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers – Zone 1 #20231054 V.1 New Bern Duffyfield Community Stormwater Enhancement Project 1054 (square feet) 803 (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# 20231054v.1 Buffer Authorization Certificate Page 2 of 6 Buffers – Zone 2 #20231054 V.1 New Bern Duffyfield Community Stormwater Enhancement Project 376 (square feet) 779 (square feet) This approval is for the purpose and design described in your application. 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. 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). 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 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# 20231054v.1 Buffer Authorization Certificate Page 3 of 6 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, Robert Tankard, Asst. Regional Supervisor 401 & Buffer Permitting Branch / WaRO Electronic cc: Rick Trone, rtrone@withersravenal.com DWR 401 & Buffer Permitting Branch electronic file Filename: WaterResources\DWR - Wetlands Program\Non DOT\2023\20231054\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 DWR# 20231054v.1 Buffer Authorization Certificate Page 4 of 6 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# 20231054v.1 Buffer Authorization Certificate Page 5 of 6 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 THIS PAGE IS INTENTIONALLY LEFT BLANK