HomeMy WebLinkAbout20220194 Ver 1_Approval Letter_20220330March 30, 2022
DWR # 2022-0194 V1
Craven County
Robert & Shelley Schwartz
111 Cindy Drive
Egg Harbor Township, NJ 08234
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER PROTECTION
RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS
157 Ducks Way, New Bern – relocate structure, construct private boat ramp &
dock
Dear Mr. & Mrs. Schwartz:
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 July 11 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,
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
Permanent (square feet)
Plan location/ Reference
Attached
Buffer - Zone 1
B-1 225 ft2 Plan sheets
2.Diffuse Flow
An additional condition is that all stormwaters 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). 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 (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 .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.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, 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: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
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 Neuse Riparian Buffer Rules as
described in 15A NCAC 02B .0714. Please contact Tina Martin at 252-948-3844 or
tina.martin@ncdenr.gov if you have any questions or concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc:
Gregg Bodnar, CAMA (via email)
Brad Connell, CAMA (via email)
Laserfiche/DWR file copy
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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
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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