HomeMy WebLinkAbout20240863 Ver 1_Approval Letter_20240705ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 5th, 2024
DWR # 20240863
Beaufort County
Dalmon Boyd
3760 Archbell Road
Bath, NC 27808
Delivered via email to: dalmonboydir@gmail.com
Subject: APPROVAL of Tar -Pamlico RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Boyd Residence
Dear Mr. Boyd:
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) on June 24th 2024. 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
Deck
72 sq ft
0 sq ft
Deck (Covered)
159 sq ft
0 sq ft
Buffers — Zone 2
Deck
160 sq ft
0 sq ft
Deck (Covered)
225 sq ft
0 sq ft
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
R El Q JJ 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
�I CARDLI`A
,� 919.707.9000
Boyd Residence
DWR # 20240863
Buffer Authorization Certificate
Page 2 of 6
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 [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.
Additional Conditions:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Acceptance 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 Acceptance Form
from the Division prior to conducting any impacts.
Compensatory Mitigation Required
River and Sub -basin Number
Tar -Pamlico
Buffer
814 square feet (credits)
03020104
(Tar -Pamlico)
2. 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 .0734(11) and (8)(a),
unless otherwise approved by the Division.
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 .0734(8) and (9).
4. All Stormwater runoff is to meet 15A NCAC 02B .0734 (9), wherein dispersed flow
requirements are satisfied.
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
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
NORT CAROIINA 919.707.9000
oawm�em m �m��me�mi o�ei�
Boyd Residence
DWR # 20240863
Buffer Authorization Certificate
Page 3 of 6
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 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 0213.0734. Please contact Brooks Sherman at 252-948-3910 or brooks.sherman@deg.nc.gov
if you have any questions or concerns.
Sincerely,
ROW T""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Electronic cc: Greene Environmental Services, LLC irbecker@bellsouth.net
CAMA
DWR 401 & Buffer Permitting Branch electronic file
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
NORT CAROIINA 919.707.9000
oawm�em m �m��me�mi o�ei�
Boyd Residence
DWR # 20240863
Buffer Authorization Certificate
Page 4 of 6
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINQ 919.7()7.9()()()
oawu�em m ����m.i o�si�
Boyd Residence
DWR # 20240863
Buffer Authorization Certificate
Page 5 of 6
Red Shading: Zone 1 Impacts
Blue Shading: Zone 2 Impacts
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINQ 919.7()7.9()()()
ow.Om6 .n-e IUUWUY
Boyd Residence
DWR # 20240863
Buffer Authorization Certificate
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
June 261h, 2024
Permittee: Mr. Dalmon Boyd DWR Project # 20240863
Project Name: Boyd Residence
County: Beaufort
Page 6 of 6
The Division has received a Statement of Availability (SOA) from Greene Environmental Services, LLC for
the Dixon Bank (Mitigation Provider) to satisfy the mitigation requirements set forth in the Buffer
Authorization Certificate issued to Dalmon Boyd, dated June 26th, 2024 as provided in the table below.
Compensatory Mitigation Required
River and Sub -basin Number
Tar -Pamlico
Buffer
814 square feet (credits)
03020104
(Tar -Pamlico)
The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then
sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the
Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy
of this form and the mitigation transfer certificate is submitted to the Division before conducting any of
the authorized impacts.
The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been
released and are available at the identified bank site(s). By signing below, the Mitigation Provider 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 02H. 0295).
Signature Authority Name (print):
Signature:
Date:
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
NORT CAROIINA 919.707.9000
oawm�em m �m��me�mi o�ei�