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HomeMy WebLinkAbout20231622 Ver 1_Approval Letter_20240304 (2)DocuSign Envelope ID: BC9FCA36-EB92-4104-B134-9770004B32CF ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality March 4, 2024 DWR # 20231622 Franklin County Mapleville Farms LLP Attn: William Thomas Wester 210 Forest Lakes Drive Louisburg, NC 27596 Delivered via email to: Westerfrontend(@Email.com Subject: APPROVAL of Tar -Pamlico RIPARIAN BUFFER AUTHORIZATION CERTIFICATE Project: Tar River Estates Phase IV, Bunn NC Dear William Thomas Wester: 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) November 24, 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, provided that all of the Conditions listed below, and all of 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 Mitigation Amount Required Buffers — Zone 1 B1: Road Crossing - A 3,560 (square feet) 0 (square feet) 0 credits B2: Road Crossing - B 3,835 (square feet) 0 (square feet) 0 credits Totals 7,395 (square feet) 0 (square feet) 0 credits Buffers — Zone 2 B1: Road Crossing - A 2,637 (square feet) 0 (square feet) 0 credits B2: Road Crossing - B 2,585 (square feet) 0 (square feet) 0 credits Totals 5,222 (square feet) 0 (square feet) 0 credits {( North Carolina Department of Environmental Quality I Division of Water Resources Dr E �J/ Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 a Pan�,G of c� o-....ni a,.+u� /" � �/ 919.791.4200 DocuSign Envelope ID: BC9FCA36-EB92-4104-B134-9770004B32CF Tar River Estates Phase IV DWR# 20231622 Buffer Authorization Certificate Page 2 of 3 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 02B .0734 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 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#20231622 expires. North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NOR'VI G�NArl Dom. .m m e�m�� ma o��r� �� 919.791.4200 DocuSign Envelope ID: BC9FCA36-EB92-4104-B134-9770004B32CF Tar River Estates Phase IV DWR# 20231622 Buffer Authorization Certificate Page 3 of 3 This letter completes the Division's review under the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0734. Please contact Joe Myers at 919-791-4256 or loseph.myers@deg.nc.gov if you have any questions or concerns. Sincerely, EDocuSigned by: 372DCBCB61 EE4A8... Michael Hall Regional Supervisor Division of Water Resources, Raleigh Regional Office Department of Environmental Quality Electronic cc: John R. Davis, Jr. Richard Harmon, USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch electronic file Filename: 20231622 Tar River Estates Phase IV TBR Franklin.docx North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 oenan�eFl�men�����e �eiovar� /�'� 919.791.4200