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HomeMy WebLinkAbout20200015 Ver 1_Buffer Approval_20210330ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director City of Washington ATTN: Kristi Roberson 102 East Second Street Washington, North Carolina 27889 NORTH CAROLINA Environmental Quality March 30, 2021 DWR # 2020-0015 v2 Pitt County Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0734) WITH ADDITIONAL CONDITIONS City of Washington Dock and Boardwalk Improvements Dear Ms. Roberson: 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 March 16, 2021. 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, CAMA, 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. 0611] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Buffers - Zone 1 B1 (boardwalk realignment) 176 ft2 (square feet) 0 ft2 (square feet) Plan Sheet 1 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 .0734(5) or provide treatment via an approved stormwater BMP meeting the nutrient removal requirements established within 15A NCAC 02B .0734(a)(1)(2). For this project, diffuse flow can be accomplished through guttering of all roof drainages and directing their discharge to a point outside the entirety of the riparian buffer. 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 NOFi{.� DE _TH CAROLINA Department of Environmental peaiis. North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 (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 02B .0734 (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.com/ or by calling the OAH Clerk's Office at (919) 431-3000 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 (919) 431-3100, 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 the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0734. Please contact Chris Pullinger at 252-948-3918 or chris.pullinger@ncdenr.gov if you have any questions or concerns. Sincerely, Rz U4444.4 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Kristi Roberson, City of Washington (via e-mail: kroberson@washingtonnc.gov) Gregg Bodnar, DCM Morehead City (via e-mail) Kelly Spivey, DCM WaRO (via e-mail) DWR Laserfiche NOFi{.� DE _ Department of Environmental peaiis. North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 2019-050FINAL RECEI ,'ED MAR 16 F' ' ;, ,. ! !NARY PLAT Not kr t'ocr rdrgon, Convoye.rcosr Sra�'Sr or first de5l9f7, YO, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SION FROM AN ACTUAL SURVEY (A DEED DESCRIPTION PAGE _r ; THAT THE ERROR OF CLOSURE AS ES AND DEPARTURES 15 1:10000; THAT THE YED ARE SHOWN AS BROKEN LINES PLATTED FROM BOOK , PAGE • AND THAT THIS PLAT WAS ICE TO C.S. 47-30, AS AMENDED. WITNESS MY :GISTRATION NUMBER AND SEAL THIS 26 DAY OCTOBER, PLS 546 Noah Carolina ETIVIVOIIMentall Management Commission Dirisioo d Water R For ill Boor by Re U 4l' 0 Project 42020 0015 v2 CAMA LINE 'NgIER ST \E� 73 CONTROL POINT N= 656660.528 FT. E= 2580177.804 FT. k• /// CONTROL / / $! / / TOP REBAR 8,77' "J2" r.W m G.o' NEW DOCK IN CAMA AREA 481.67 SQ. FT. OLD DOCK IN CAW AREA 306.27 SO. FT. PAMLICO RIVER 6' 2 RIP -RAP ROY COOPER tjovernor MICHAEL S. REGAN Secretary LINDA CULPEPPER interim Director DWQ Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: NORTH CAROLINA Environmental Quality 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 , 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: If this project was designed by a Certified Professional Date: , 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 �prY'r+l d Im4.s�.mtr GWl,� North Carolina Department of Environmental Quality 'Division of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481