20231671 Ver 1_Approval Letter_20240122

DocuSign Envelope ID: C55817AD-09F2-4AC4-AD03-D2E6EC830701
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
January 22, 2024
DWR # 20231671
Wayne County
Johnny Ray Barbee
380 Claridge Nursery Road
Goldsboro, NC 27530
Delivered via email to: [e-mail]
Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL
CONDITIONS
Project: Johnny Ray Barbee Gator Lot Sale, Red Oak Plantation
Dear Johnny Ray Barbee:
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) December 12, 2023, with subsequent
information on January 22, 2024. These impacts are covered by the Neuse 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 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
Buffers — Zone 2
B1 —proposed Dwelling
135 (square feet)
0 (square feet)
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)]
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
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DocuSign Envelope ID: C55817AD-09F2-4AC4-AD03-D2E6EC830701 Johnny Ray Barbee Gator Drive Lot Sale
DWR# 20231671
Buffer Authorization Certificate
Page 2 of 3
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]. 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. No impacts shall occur to Zone 1 of the protected riparian buffers [except for uses and activities
designated as "exempt" within 15A NCAC 02B .0714 (11) and (8)(a)], unless otherwise approved
by the Division. [15A NCAC 02B .0714(11) and (8)(a)]
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 five (5) years from the date of this letter.
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 CAROI INA
ftp m.mm�m��me�mlo�al� 919.707.9000

DocuSign Envelope ID: C55817AD-09F2-4AC4-AD03-D2E6EC830701 Johnny Ray Barbee Gator Drive Lot Sale
DWR# 20231671
Buffer Authorization Certificate
Page 3 of 3
This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A
NCAC 02B .0714. Please contact Samantha Wooten at [phone] or [e-mail]
if you have any questions or concerns.
Sincerely,
IS
DocuSigned by:
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755ABFOCD8OB428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Electronic cc: Anthony Scarbraugh, USACE Wayne Regulatory Field Office; via email
([e-mail])
Kelly Williams, DMS; via email ([e-mail])
DWR 401 & Buffer Permitting Branch electronic file
Filename: 20231671 Johnny Ray Barbee Gator Drive Lot Sale — Wayne — Buffer Authorization.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
NpR'VI CAROI\A ^' 919.707.9000
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