20200373 Ver 1_Buffer Approval Letter_20200324

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
James W. and Leslie Kellenberger
610 South Boylan Avenue
Raleigh, NC 27603-2132
STATE q„
NOT A CAMA PERMIT
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QUAM V1
NORTH CAROLINA
Environmental Quality
March 24, 2020
DWR # 20-0373
PAMLICO County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER PROTECTION RULES
(15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS
KELLENBERGER BOAT SHED AT 701 ORIENT LANE, ORIENTAL
Dear Mr. and Mrs. Kellenberger:
You have our approval for the impacts listed below for the purpose described in your application dated
March 12, 2020, received by the Division of Water Resources (Division) on March 12, 2020. Please note
that you should get any otherfederal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, 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:
1. 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
Amount Approved
Plan location/ Reference
Approved (units)
(units)
Attached
Permanent
Temporary
Buffers — Zone 2
B1 (Boat Shed and
140 (square feet)
0 (square feet)
Buffer Authorization
Roof Overhang)
Application Figures
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 2B .0233(5) or provide treatment via an approved
stormwater BMP meeting the nutrient removal requirements established within 15A NCAC
02B .0233(a).
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
_ Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
NORTH CAROHNA
..w.0Enw—montaigwfity /� 252.946.6481

JAMES W. AND LESLIE KELLENBERGER
DWR # 20-0373
BUFFER APPROVAL
Page 2 of 3
3. No Impacts to Zone 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 .0233(6), unless otherwise approved by the Division.
4. 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 must 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 .0506 (b)(3) and 15A NCAC 02B .0233 (6)]
5. This approval and its conditions are final and binding unless contested. (G.S. 143-215.51
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B 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 [phone] for information.
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:OOam and S:OOpm, 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: If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center

JAMES W. AND LESLIE KELLENBERGER
DWR # 20-0373
BUFFER APPROVAL
Page 3 of 3
Raleigh, NC 27699-1601
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A
NCAC 02B .0233. Please contact Anthony Scarbraugh at 252-948-3924 or
[e-mail] if you have any questions or concerns.
Sincerely,
vm-a "
David May, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Kelly Spivey, DCM WaRO
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State of Carolina
County of Pamko r s
1, Id fTi Maevlew Officer of 4N:b•
Pamlico County, certify the
map or plat to which '-I
certi cation is affixed meets all
ory requires recording.
'�-1WVI=w Officer
aaesii 70me0, rsoL.astoeal teed feseriaa, 2.0. Now 1"47, Vow Mesa. R.C. z
Survey Notes:
I. AccorrJin r to FIRM panel au nbex 370279 0001 B
dated December 4, 1985, this property as platted hereon
is located within an A5 flood hazard zone having a 100
year 'brie flood elevation of 8.01 AA=.
2. For toveriRZ deeds, see deed book 213, page I53 s
deed book 262, page 154. Also see amp book 6, page
34, Pamlico County, Registry.
J. This survey is of an existing parcel of land and this
survey does no create any new streets no change any
existing street.
4. This survey =Wlys with the minimv standards of practice
as set forth by general statute for surveying in Forth Carolina.
5. Area in lot nmmber five is 24,500 sq. ft. or 0.57 acres -
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North Caro3in, Environmental
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olviM= of Water resources
Date 3/24 n 20
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