HomeMy WebLinkAbout20231690_Western Sewer System - Gravity Sewer, Force Main & Southside Pump Station_NBR_Person_MRT_DMSDocuSign Envelope ID: 90A4EF92-6EBB-47D2-AB4A-EE60430984FE
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, INC
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
131: Utility Installation - SP
5,312 (square feet)
0 (square feet)
Totals:
5,312 (square feet)
0 (square feet)
Buffers — Zone 2
*131: Utility Installation - SP
12,282 (square feet)
0 (square feet)
Totals:
12,282 (square feet)
0 (square feet)
*131- Zone 2 Impacts are Deemed Allowable
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINq
919.791.4200
DocuSign Envelope ID: 90A4EF92-6EBB-47D2-AB4A-EE60430984FE
VVCbLCI II aCWCI aybLem - 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:
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(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 maybe 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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA
!!!/// Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
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DocuSign Envelope ID: 90A4EF92-6EBB-47D2-AB4A-EE60430984FE
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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 joseph.myers@deg.nc.gov if you have
any questions or concerns.
Sincerely,
E
ADo'c'u,Siwgne'd by:-I'UI(�C�l� �GIA.I�
372DCBCB61EE4A8_.
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 & Southside PumpStation_NBR_Person_MRT_DMS.docx
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROL
MbfEM, U10-iI �f 919.791.4200
DocuSign Envelope ID: 90A4EF92-6EBB-47D2-AB4A-EE60430984FE
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:
NORTH CAROLi � ��I
Date:
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
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