20201176 Ver 1_Buffer Approval Letter_20201120

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Pungo Rental Properties, LLC
ATTN: Phillip Flowers
3931 State Highway 43
Greenville, North Carolina 27834
NORTH CAROLINA
Environmental Quality
November 20, 2020
DWR # 2020-1176 v1
Beaufort County
Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN BUFFER PROTECTION RULES
(15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS
Pungo Rental Properties - Open slatted wood deck
Dear Mr. Flowers:
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 September 9, 2020. 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, 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. 0714(8)].
Type of Impact
Amount Approved (units)
Amount Approved
Plan location/
Permanent
(units)
Reference Attached
Temporary
Buffers - Zone 2
B1
120 ftz (square feet)
0 ftz (square feet)
Attached plan sheet
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 .0714(5) or provide treatment via an approved stormwater BMP meeting the nutrient removal requirements
established within 15A NCAC 02B .0714(a)(1)(2).
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 Buffer Authorization 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].
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
DEQ�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
.P... f Envo-o�...., 1ity /� 252.946.6481

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 02B .0714 (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. This approval and its conditions are final and binding unless contested. {G.S.143-215.5)
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.coml 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 8:00am 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:
Ifsending via US Postal Service: Ifsending 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 DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC
02B .0714. Please contact Chris Pullinger at 252-948-3918 or chris.pullinger@ncderingov if you have any questions or
concerns.
Sincerely,
ROW T
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Phillip Flowers (via e-mail: philflowersProckspringscenter.com)
Tobin Tetterton (via e-mail: tobinOrsnet.org)
Steve Trowell (via e-mail: [e-mail]
Shane Staples, DCM WaRO (via e-mail)
Emily Thompson, Washington Regulatory Field Office, USACE (via e-mail)
DWR Laserfiche

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20
RevW&Vd by '
DWR Project #2020-1176 v1

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