Signed_20240751 BA Fisher Project

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 14th, 2024
DWR # 20240751
Craven County
Robert and Kathleen Fisher
1112 Green Springs Road
New Bern, NC 28560
Delivered via email to: [e-mail]
Subject: APPROVAL of Neuse RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Fisher Project
Dear Mr. and Mrs. Fisher:
You have our approval for the impacts listed below for the purpose described in your application dated
received by the Division of Water Resources (Division) May 29th, 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
Bulkhead + Wing
155 (square feet)
930 (square feet)
Buffers —Zone 2
Retaing Wall + Wings
155 (square feet)
930 (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]
D E 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
NORTHCAof Envir -
oePanmem renmranmen'aiuvar 919.707.9000

Fisher Project
D W R # 20240751
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 additional impacts shall occur to Zones 1 or 2 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.
2. All bulkhead backfill material shall be obtained from a high ground source and confined
landward of the permitted bulkhead. The permitted bulkhead is authorized a maximum
of 2 feet waterward of the existing bulkhead or normal high water line. [15A NCAC
02H .0501 and .0502 and 15A NCAC 02H .0506 (b)(1)-(3)]
3. Immediately post- construction, bare soil 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 0213.0203, 15A NCAC 02B .0714(8) and (9)]
4. Buffer impact areas shall be replanted with comparable vegetation within two months of
when construction is complete. Tree planting may occur during the dormant season. At
the end of five years, any restored wooded riparian buffer shall comply with the
restoration criteria in 15A NCAC 2B .0295(i).
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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
!!l 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA 919.707.9000
pepanmem of EnvlmnmenM1 Uual�

Fisher Project
D W R # 20240751
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 Neuse Riparian Buffer Rules as described in 15A
NCAC 02B .0714. Please contact Brooks Sherman at 252-948-3910 or [e-mail] if
you have any questions or concerns.
Sincerely,
David May, Regional Supervisor Water Quality
Regional Operation Section Division of Water
Resources, NCDEQ Washington Regional Office
Electronic cc: River Rat Marine Construction Pam@ riverratmarineconstruction.com
Richard Mahoney, CAMA LPO [e-mail]
DWR 401 & Buffer Permitting Branch electronic file
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
!!l 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA 919.707.9000
pepanmem of EnvlmnmenM1 Uual�

v
D
o
Ln
O Y
m
c '23
.
Y ao
.3 3
ao
c v
Y
ZEn
V
J O
ci
ci N
06
to to
C �
Y Y
t t
ao tio
w iT,
Er) O
N N
L L
3 3
f —
fo �
v
to
D c
co•1
En 'fo
o in
C ci
E
O
V
N
t O f0
O E
N 'i LnN N
Z N
0 ko cl
f0
i-' C7 COO n C
._
-0 - :v fV O
fY ci Z N Ln
Ln
W
m m
00�i
N N
U T
Z O
N pNj
O
Y �
a
�
N O
$ r-
Ln m
kD
o b.o Ln
rn m
w __ 00
N
I
C
Y N u
1
1
Y a�i
m
fi N z
1 1 �
1 — —
25' Wing 0' Wiry
I 1
I
I
1 1
1 1
1 1
1 1
1 1
1 1
y
I I
1 °b° I
to 1 I
o
1 I
o
I 1
o
Y
�
L N I o
fo
3
'
w
m I
O
m
D
z
:
xising MMM
> b
1 I
� � 1 1
1 I
m
1 t4 1
�
0
1 1
� 1 1
� 1 1
1 1
_�
0
w �
1 I
0
I
O o
zo x 80'
Exis ing
oncr to
ier
Y
15' Wing V
a�
1 �
an
1
t
1 N
1 X
C: W
to w
to
I x m
Lu m
fY O
in
o
io aLn
00
co c
- 00
I I
Q N
N U
Z
7
cr
O C
ci
V N
fn
D
7
t o 3
0 cI Z