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Home My WebLink About20220389 Ver 1_Buffer Approval Letter_20220608ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Tucker Hill Farms, LLC Attn: Kenneth Fisher 2625 Charles Blvd. Greenville, North Carolina 27858 NORTH CAROLINA Environmental Quality June 8, 2022 DWR # 20220389 Pitt County Subject: APPROVAL OF TAR/PAMLICO BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS TUCKER HILL FARMS Dear Mr. Fisher: You have our approval for the impacts listed below for the purpose described in your application dated March 10, 2022, received by the Division of Water Resources (Division). These impacts are covered by the Tar/Pamlico Buffer Rules and the conditions listed below. This Buffer Authorization does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and/or Stormwater regulations. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the Tar/Pamlico Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 Site 2 4,231 (square feet) 0 (square feet) Buffers — Zone 2 Site 2 2,870 (square feet) 0 (square feet) 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 this Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B [[Neuse, Tar, Catawba, Randleman] .0611(b)(2)] D_E NORTH CAROLINA Department of Environmental Dual North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Tucker Hill Farm, LLC. DWR# 20220389 Buffer Authorization Certificate Page 2 of 3 If you are unable to comply with any of the conditions below, you must notify the Washington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Washington Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0734 ]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. 1. 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]. 2. This approval and its conditions are final and binding unless contested. {G.S. 143-215.5} 3. 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 436 (10 x 10 spacing) to 681 (8 x 8 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 260 trees per acre at maturity. [15A NCAC 02H .0507(c), 15A NCAC 02H .0506(b)(3). This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the presentation of proper credentials, the Division may inspect the property. This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. £ D_E NORTH CAROLINA Department of Environmental (Wain' North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Tucker Hill Farm, LLC. DWR# 20220389 Buffer Authorization Certificate Page 3 of 3 A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 150B-23(a). This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Authorization Certificate shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. This Authorization shall expire five (5) years from the date of this letter / when the corresponding 401 Water Quality Certification Approval DWR#20220389 expires. This letter completes the Division's review under the Tar/Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0734 . Please contact Robert Tankard at 252-948-3921 or robert.tankard@ncdenr.gov if you have any questions or concerns. Electronic cc: Sincerely, gett44 T44 Robert Tankard, Assistant Supervisor Water Quality Regional Operations Section Division of Water Resources Washington Regional Office Kim Williams, kim.williams@davey.com USACE Washington Regulatory Field Office, Emily Thompson laserfiche NORTH CAROLINA Department of Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 -Crossing #1 Stream Impact#1a (permanent): 72.2 LF Stream Impact#1b (temporary): 24 LF OO 28,072 S� 27,366 S.-I6,66600 S. 35,306 S.128,778 S. S.F. L l O 29,026 S.F.1,574 S.F27,206 S.F.6505 S. 54,989 S.F. SITE DESIGN AND SURVEYING INFORMATION PROVIDED BY: Baldwin DesignLC-349: Consultants, PA , ENGINEERING - SURVEYING - PLANNING 1700-D EAST ARLINGTON BOULEVARD GREENVILLE, NC 27858 252.756.1390 Crossing #2 Stream Impact #2a (permanent): 68.2 LF Stream Impact #2b (temporary): 24 LF Wetland Impact #1: 0.074 ac Riparian Buffer Impact #1: 0.166 ac 0 O I O I 25,051 S. 5,081 S I I 25n,102 I5C- ).F. F, 25,954 S. 25,248 S. 25,066 S.F. I 1 Et V , TUCKER HILL DRIVE (50' (VW 26. BIB PRIVATE) PRELIMINARY: NOT FOR CONSTRUCTION; FOR PERMITTING PURPOSES ONLY 27,669 S.F. 0 25,OS0 S.F.75,056 S.F. 25,0 64 S.F 36,042 S.F. 25,076 S.F. RECREATION AREA (PRIVATE) 0.790 ACRES 30,236 S.F Wee Carolina EnvIronmereal Management Commission Dn ;Mater Resources .TartPam Basin Buser Date mire ,. 2a22 riedgeted by_ IZa •X TA1- 4 +ram PROJECT #20220389 26,352 S,F. 25,884 S.F. 47,628 S.F. 25.062 S.F. 25,000 S.F. \ i 25,000 S.F. 25,000 S.F. J 25,438 S.F. 25,475 S.F. 31,897 S.F. RECREATION AREA (PRIVATE) 0.843 ACRES 3,839 S.F. 38,534 S.F. 30,172 S.S.F. 25,000 S.F. ~� 0 29,655 S.F. Z5�60 S.F. 25,702 S.F. I O 26,882 S.F. - - - Stream 404 Wetlands Riparian Buffer SCALE: 1" = 200' TUCKER HILL FARM Pitt County, NC Figure 6. Site Plan Showing Proposed Impacts | /Drainage / \ ` � | '2� � � � PRELIMINARY: NOT FOR CONSTRUCTION - - - Etnaonn Permanent Impact to Stnaonn Temporary Impact to Stream , Riparian Buffer Stream Buffer Limit (Determination performed by Pitt County) Permanent Stream Impact *na: Check Dam / Temporary Stream Impact #1u:24Lr(0.003ao) Check Dam toueRemoved mo|an*a Matting |sBiodegradable ~� � SCALE 1"=30' .� TUCKER HILL FARM Pitt County' NC Figure 7. Pnnpnond Crossing #1 Wetland Impact #1: 0.074 ac (3,213 s PRELIMINARY: NOT FOR CONSTRUCTION - - - Stream ---- Riparian Buffer [7.71 404 Wetlands Proposed Permanent Impact to Stream Proposed Temporary Impact to Stream ---- Proposed Riparian Buffer Impacts Proposed Wetland Impacts e. A Rolanka Matting Alt/ afie / Ata- " Ale 41/ Stream Check Dam Zone 1 Riparian Buffer Impact: 0.1 ac (4,231 sf) Zone 2 Riparian Buffer Impact: 0.066 ac (2,870 sf) Temporary Stream Impact #2b: 24 LF (0.003 ac) Check Dam will be removed Rolanka Matting is biodegradable 04 SCALE: 1" = 30' TUCKER HILL FARM Pitt County, NC Figure 8. Proposed Crossing #2 (Stream, Wetland, and Buffer Impacts) ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director DWR Project No: NORTH CAROLINA Environmental Quality Applicant: Project Name: 401 Water Quality Certification Issued Date: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR Central Office — Wetlands and Buffer Permitting Unit, NC DWR, 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 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 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 Permitee 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 approved plans and specifications, and other supporting materials. Signature: Date: G=D.E NORTH CAROLINA Department of Environmental Dual North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000