20220319 Ver 1_Approval Letter_20220401

ROY COOPER
Governor
JOHN NICHOLSON
Interim Secretary
S. DANIEL SMITH
Director
Richard and Jessica Frie
436 Queen Anne Drive
Bath, NC 27808
NORTH CAROLINA
Environmental Quality
April 1, 2022
DWR # 2022-0319 V1
Beaufort County
Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN BUFFER PROTECTION
RULES (15A NCAC 02B .0734) WITH ADDITIONAL CONDITIONS
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 February 9. 2022. 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 2
475 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 .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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mail I Washington, North Carolina 27889
NOFTH CAROHNA -
oepam mt0emi®am.m lagar\ r 252.946.6481

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 .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. 143-215.51
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, 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.
D 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 -
oepamoemntemimnmemeinaar\ r 252.946.6481

Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc):
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 Tar -Pamlico Riparian Buffer Rules as described
in 15A NCAC 02B .0734. Please contact Tina Martin at 252-948-3844 or [e-mail] if you
have any questions or concerns.
cc:
Sincerely,
ROW T""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Rich Frie (via email: [e-mail])
Laserfiche/DWR file copy
D 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 -
oepamoemntemimnmemeinaar\ r 252.946.6481

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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
I Q N
NORTH CAROLINA
Environmental Quality
DWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules,
andany subsequent modifications, the applicant is required to return this certificate to the DWR Central
Office — Wetlands and Buffers Permitting Unit at 1650 Mail Service Center, Raleigh, NC 27699-1650. 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 Buffer Rules,
the approvedplans 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 Buffer Rules,
the approvedplans 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 ofmy 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 Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Registration No.
D 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
NOFTH CAROHNA -
oepamoemmemimnmemaigaa,\ r 252.946.6481