20191584 Ver 1_Buffer Approval Letter_20191220

NORTH C:APOLINA
Divird"nieretaf Quality
ROY COOPER
Governor
MICHAEL S. REGAN
Secretury
LINDA CULPEPPER December 20, 2019
Director
DWR # 19-1584 v1
Beaufort County
Spartacus Holdings, LLC
ATTN: Greg Scialdone
120 Ridge Road
Chocowinity, North Carolina 27817
Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN BUFFER PROTECTION RULES
(15A NCAC 026 .0259) WITH ADDITIONAL CONDITIONS
120 Ridge Road —Cypress Landing, Chocowinity, NC— retaining wall and water access
Dear Mr. Scialdone:
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 November 14, 2019. Please note that you should get any other federal,
state or local permits before proceeding with your project, including those required by (but not limited to) Sediment
and Erosion Control, Non -Discharge, Division of Coastal Management, and Water Supply Watershed regulations.
This Authorization Certificate shall expire five (5) years from the date of this letter.
This approval requires you to comply with the following additional conditions:
The following impacts are hereby approved provided that all of the other specific and general conditions of the
Buffer Rules are met. No other impacts are approved, including incidental impacts [15A NCAC 02B. 0233(8)].
Type of Impact
Amount Approved (units)
Permanent
Amount Approved
(units)
Temporary
Plan location/
Reference Attached
Buffers — Zone 2
B1— retaining wall
20 (square feet)
0 (square feet)
See application
Buffers —Zone 1
B2 — water access
60 (square feet)
0 ( square feet)
See application
North Carolina Department of Environmental Quality IDivision of Water Resources -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive velocities through
the protected stream buffers and will not re -concentrate before discharging into the stream as identified within
15A NCAC 02B .0259(5) or provide treatment via an approved stormwater BMP meeting the nutrient removal
requirements established within 15A NCAC 02B .0259(a)(1)(2). For this project, diffuse flow can be
accomplished through the removal of the previously impervious area behind the retaining wall, with the re-
establishment of grass/vegetation, and maintenance of diffuse flow.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint
of the impacts depicted in the Application. All forestry operations activities shall be performed so that no
violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502].
The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an
"in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed
lawns can be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be
replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be
replanted with forest vegetation including at least two different native hardwood tree species at a density
sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting
approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of trees/shrubs/forest
must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree
plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees
per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 026 .0233 (6)]
5. 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 the Authorization. If you change your project, you must notify
the Division and you may be required to submit a new application package with the appropriate fee. If the
property is sold, the new owner must be given a copy of this approval letter and Authorization and is responsible
for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
6. During construction of the proposed project, fueling, lubrication and general equipment maintenance should
not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]
7. Upon completion of all work approved within the Buffer Authorization, or any subsequent modifications, the
applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC
Division of Water Resources, 1617 Mail Service Center, Raleigh NC 27699-1617.
8. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5]
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition
form may be obtained from the OAH at.http://www.ncoah.com or by calling the OAH Clerk's Office at (919) 431-
3000 for information.
EQ.:>
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North Carolina Department of Environmental Quality (Division of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH
during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition along
with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed
transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
This letter completes the review of the Division under section the Tar -Pamlico River Riparian Buffer Rules. Please
contact Chris Pullinger at 252-948-3918 or [e-mail] if you have any questions or concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: Certification of Completion
cc: Greg Scialdone (via e-mail: [e-mail])
Kelly Spivey, DCM WaRO (via e-mail)
Tomi Moody, Cypress Landing (via e-mail: [e-mail])
DWR WaRO 401 files
Laserfiche
North Carolina Department of Environmental Quality IDivision of Water Resources -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

NORTH CAROLINA
ROY COOPER Environmental Quality
Governor
MICHAEL S. RECAN
secretary
LINDA CULPEPPER
Interim Director
DWQ Project No.: _
Applicant:
Project Name:
Date of Issuance of Wetland
County:
Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. 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/or 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 /or 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 Permittee 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/or Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Registration No. Date
North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481