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Home My WebLink About78-20 Letter of RefinementROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director City of Washington 102 East Second St Washington, North Carolina 27889 Dear Mrs. Roberson: NORTH CAROLINA Environmental Quality 29 November 2022 This letter of refinement is in reference to your 28 November 2022 correspondence requesting a modification of Major CAMA Permit No. #78-20. The original permit was issued on 2 July 2020. CAMA Major Permit No. #78-20 was issued to the City of Washington on 2 July 2022 for the installation of bulkhead, kayak launch, and pedestrian boardwalk. Your request included a Division of Water Resources Buffer Authorization (DWR #20221390) to modify permit #78-20 to allow construction of two park benches with 3'Lx16" W concrete pads greater than 30' landward of the existing bulkhead and placed within the 50' Tar/Pamlico River Buffer and 75'CAMA AEC as shown in your updated plat received on 29 November 2022 is hereby authorized. Please note that this refinement does not allow for any additional upland disturbance. All permit conditions still apply and remain unchanged. Your modified plat attached to your 28 November 2022 correspondence will become a permanent part of the file. Thank you for your time and cooperation in this matter. If you have any questions about this or related matters, please don't hesitate to contact me in the Washington Regional Office. Since ly, t Kelly Spivey District Manager Washington Regional Office cc: Gregg Bodnar - Major Permits Coordinator, DCM Ashley Grandy- Field Representative DCM North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 Tw�FQ . /`252.946.6481 Mayor C it' Or. Donald R. Sadler City Manager WciffiinOon Jonathan Russell NOR f 17I CA ' V' I November 28, 2022 NC Department of Coastal Management Washington District 943 Washington Square Mall Washington, NC 27889 Request for Permit Modification to Permit #78-20 Dear Mr. Grandy: Washington City Council Richard Brooks Lou Hodges William Pitt Mike Renn Bobby E. Roberson This letter is intended to request a modification to permit #78-20 issued to the City of Washington for Major Development in an Area of Environmental Concern located adjacent to Runyan Creek within Havens Gardens at 1001 Park Drive in Washington issued on July 2, 2020. The requested modification is to add 2 playground benches for individuals to sit and watch the river. The plan showing the location is attached with the Buffer Authorization. Sincerely, isti Roberson R creation Director City of Washington 102 East Second Street, Washington, North Carolina 27889 (252) 975-9300 www.washingtonnc.gov ROY COOPER Governor ELIZABETH S. BISER secretary RICHARD E. ROGERS, JR. Director City of Washington Attn: Mac Daniels 102 East 2n l Street Washington, North Carolina 27889 NORTH CAROLINA Environmental Quality October 18, 2022 DWR t# 20221390 Beaufort County (Delivered via email to mdaniels@woshingtonnc.gov) Subject: APPROVAL of TAR/PAMLICO BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS PLAYGROUND BENCHS Dear Mr. Daniels: You have our approval for the impacts listed below for the purpose described in your application dated October 6, 2022, received by the Division of Water Resources (Division) October 6, 2022, with subsequent information on October 18, 2022. These impacts are covered by the Tar/Pamlico 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 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 Buffers —Zone 1 Site 1 0 (square feet) 0 (square feet) Buffers — Zone 2 Site 1 20 (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 D_EQJ� North Carolina Department ofEnviroomentalQuality I Division of Water Resources 612 North Salisbury Street 1 1617 Mail service Center I Raleigh, North Carolina 27699-1617 aa+m caaxw+ 919.707.9000 omr.MJt�wwrouaw+r City of Washington D W R# 20221390 Buffer Authorization Certificate Page 2 of 3 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 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 [35A 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. 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 .0734(11), unless otherwise approved by the Division. 2. The Permittee shall replant the vegetati within 30 feet of the shoreline or most I with this project in an "in kind" manner Disturbed areas with pre-existing grass areas with ore -existing trees or woodv, luding at least two di 260 trees RE acre at elv 436 RE x 10 spat rd limit of normal high water level associated liately following construction. (Example: ns must be replanted with grass. Disturbed ion must be replanted with trees and woody forest vegetation must be replanted with nt native -hardwood tree species at a density arity. This density can usually be achieved by to 681 (8 x 8 spacing) trees per acre.) npleted by the first subsequent planting if the tree planting do not survive, they will fficient to pprovide Z60 trees per acre at 02H .OSOb(bl (31. and Table of Use for each buffer rule (temp roads, temporary s&ec): [15A NCAC 029.0734(11)(ee), (IT). 3. Immediately post- construction, bare soils must be stabilized as quickly as possible by providing a temporary ground cover. Newly seeded areas should be protected with mulch and/or erosion matting. This ground cover is a temporary measure used to address erosion until buffer restoration can be accomplished. 15A NCAC 02B .0611(b)(4) / (c)(4), 15A NCAC 02B .0203, 15A NCAC 02B .0734 (8) and[(9). 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. E -3, North Carolina Deparhnrc ent of Environmental Quality I Division of Water Resonates 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 mcw ra 919.707.9000 o,ras•.aunwa....r City of Washington D W R# 20221390 Buffer Authorization Certificate Page 3 of 3 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 regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. This Authorization shall expire five (5) years from the date of this letter. This letter completes the Division's review under the Tar/Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0734. Please contact Robert Tankard at 252-948-3921 or robert.tankard@ncdenr.gov if you have any questions or concerns. Sincerely, Rd"T"" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Kristi Roberson, kroberson@wasingtonnc.gov Jonathan Russell, jrussell@washingtonnc.gov Emily Thompson, Emily.b.thompson@usace.army.mil laserfiche .r D Q� North Carolina Department of Environmental Quality I Division of Water Resources 612 North Salisbury Street 1 1617 Mail Smic Center I Raleigh, North Carolina 27699-1617 awm.mauww.�ua.an� 919.707.9000 t�j0/OX / J-P 'Pdi b4 0 -CACAeS-- 3'L x (6 "off Cwdkuwfww"%MffvwM"w ♦ • . ss ) Tar/Pamlico i RN%WW byww W 3 � 3d � �9rnGh �at�h5 ww�v -3 L (�Ur,b pvl6t,4� /0� ROY COOPER coverna- ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director DWR Project No: Applicant: Project Name: NORTH CAROLINA Environmental Quality 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR Central Office — Wetlands and Buffer Permitting Unit, NC DWR, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Q 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 c"14'NL4 919.707.9000 EXHIBIT "A.1" J.1 fCC'S 1 � ([fS yR� M� a�H t A � 1' L p �! 4 K ii ✓i�pkd YC ,{ Sty. H . 1 443! l x�r{k k3 rY �t j 0 ` y R y. y, T