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Home My WebLink About20231690 Ver 1_Approval Letter_20240411DocuSign Envelope ID: EECA1 FE7-7C66-4B52-9310-77FBB4A23260 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 11, 2024 DWR # 20231690 Person County Brooks Lockhart 105 South Lamar Street Roxboro, NC 27573 Delivered via email to: blockhart@citvofroxboro.com Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL CONDITIONS Project: Western Sewer System - Gravity Sewer, Force Main & Southside Pump Station — Roxboro, NC Dear Brooks Lockheart: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on December 11, 2023, and with subsequent information on February 15, 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 1 B1: Utility Installation - SP 5,312 (square feet) 0 (square feet) Totals: 5,312 (square feet) 0 (square feet) Buffers — Zone 2 *B1: Utility Installation - SP 12,282 (square feet) 0 (square feet) Totals: 12,282 (square feet) 0 (square feet) *B1- Zone 2 Impacts are Deemed Allowable DRF Q �� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 9epanme fEn�i�omm�ntalqual� �� 919.791.4200 DocuSign Envelope ID: EECA1 FE7-7C66-4B52-9310-77FBB4A23260 VVCJICI I I JCWCI Jy�tcm - Gravity Sewer, Force Main & Southside Pump Station DWR# 20231690 Buffer Authorization Certificate Page 2 of 4 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 .0611(b)(2)] 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: 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(s) 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 .0295; 15A NCAC 02B.0714(12) Compensatory Mitigation Required River and Sub -basin Number Neuse Buffer 15,936 square feet (credits) Neuse River Basin / 03020201 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 'may North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 NoR-��CAR NANA 919.791.4200 Din ..t m E�.n—m l Q..Z� DocuSign Envelope ID: EECA1 FE7-7C66-4B52-9310-77FBB4A23260 VVCJICI I I JCWCI Jy�Lcm - Gravity Sewer, Force Main & Southside Pump Station DWR# 20231690 Buffer Authorization Certificate Page 3 of 4 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 when the corresponding 401 Water Quality Certification Approval DWR#20231690 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Joe Myers at (919)-791-4256 or loseph.myers@deg.ncgov if you have any questions or concerns. Sincerely, Michael Hall Regional Supervisor Division of Water Resources, Raleigh Regional Office Department of Environmental Quality Electronic cc: Eric Prunchak, Labella Associates, PC Rachel Capito, USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch electronic file Filename: 20231690_Western Sewer System -Gravity Sewer, Force Main & South side PumpStation_NBR_Person_MRT_DMS.docx North Carolina Department ofEnvironmental Qualitc Division ofWater Resources Raleigh Regional Office 3800 Barrett Drip e Raleigh, North Carolina 27609 kp ,t—tdE—,.n—ai0-1 �� 919.791.7200 DocuSign Envelope ID: EECA1 FE7-7C66-4B52-9310-77FBB4A23260 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM April 11, 2024 Permittee: Brooks Lockhart & The City of Roxboro DWR Project #20231690 Project Name: Western Sewer System - Gravity Sewer, Force Main & County: Person Southside Pump Station — Roxboro, NC 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 Brooks Lockhart & The City of Roxboro, dated February 15, 2024, as provided in the table below. Compensatory Mitigation Required River and Sub -basin Number Neuse Buffer 15,936 square feet (credits) Neuse River Basin 03020201 (Outside Falls Watershed) 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 I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 gepanmont o}[n�ronmental qu 7\vr 919.791.4200