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HomeMy WebLinkAbout20220403 Ver 1_Buffer Approval Letter_20220628ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director BCBC, LLC Attn: Richard and Colleen Balot Post Office Box 2067 Greenville, North Carolina 27836 NORTH CAROLINA Environmental Quality June 28, 2022 DWR # 20220403 Pitt County Subject: APPROVAL of TAR-PAMLICO BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS BALOT GRIMESLAND BULKHEAD Dear Richard and Colleen Balot: You have our approval for the impacts listed below for the purpose described in your application dated March 14, 2022, received by the Division of Water Resources (Division) March 14, 2022. 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 Fill behind Bulkhead 0 (square feet) 12,120 (square feet) Buffers — Zone 2 0 (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 .0611(b)(2)] £ D_E 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 BCBC, LLC DWR# 20220403 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. Additional Conditions: 1. No impacts shall occur to Zone 1 of the protected riparian buffers [except for uses and activities designated as "exempt" within 15A NCAC 02B .0734(11) and (8)(a), unless otherwise approved by the Division. 2. The Permittee shall replant the vegetation within temporarily disturbed areas located within 30 feet of the shoreline or most landward limit of normal high-water level 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.) Replanting 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), and .0734(11)(ee), (ff). 3. The proposed access corridor(s) must be the minimum width required to get the construction equipment to the shoreline and shall not exceed 15 feet in width. The number of access corridors should be limited to the minimum number required to get the construction equipment to the shoreline (many times only a single corridor is required) and shall not exceed eight corridor(s). The access corridor(s) should cross the buffer as close to perpendicular as practicable and disturbance to existing vegetation should be minimized. 15A NCAC 02B .0734(11) 4. Immediately post- construction, bare soils must be stabilized as quickly as possible by providing a temporary ground cover. Newly seeded areas should be protected with mulch and/or erosion matting. This ground cover is a temporary measure used to address erosion until buffer restoration can be accomplished. [15A NCAC 02B .0611(b)(4) / (c)(4), 15A NCAC 02B .0203, 15A NCAC 02B .0734(8) and (9). 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 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 BCBC, LLC DWR# 20220403 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. 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, gett444,04i Tay. Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Bobby Cahoon Construction USACE Washington Regulatory Field Office 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 Fill Material Approx. Existing Grade New Grade from toe of existing slope 6"-2' Fill Depending on area and location Between approx 15-CF (.55cy) and 60-CF (2.22cy) of fill above the OHWM per LF of shoreline depending on area and location Project Plans Not to Scale Richard Balot 2997 Landing Circle 148 If BCBS LLC 2989 Landing Circle 48 If BCBS LLC 2981 Landing Circle 100 If BCBS LLC 2975 Landing Circle 95 If BCBS LLC 2961 Landing Circle 13 If Total 404 If +-30' Fill Material aupJoys bupsix] 2' Average Approx 2-CF (.07cy) of fill / below the OHWM per LF of shoreline (considerably less than icy per LF) Tar River Normal Water Line OHWM +-1' Depth Bottom VIETL/BUFFER A NORTHCAROLINAENvtRONMENTAL ~GEMENT COw IISSICN MOON OF WATER RESOuRCEEI June 28 22 nor DWR Nora No.Z QL ,r3r,corms-o"voo©ocxocor=,ta,nooc.00cor=oocc oa000 oonooc5vonono 2"x 12" Top Cap 2"X 8" Back Wale 6"x 6" Treated Double Timber Wale 3/4" X 12' Tie -Rod 5'-6' Deadman piling CMI 425 or Equivalent 10" Vinyl Sheet Pile 8" x 12' Navy Wall Pilings 7.5'+- OC for length of wall This drawing is the sole property of Bobby Cahoon Construction Inc. and is not intended for use by any other entity. Vinyl Seawall Cross Section Typical Double Wale/ With Pilings NTS APPROX 4' +- Normal Water Line APPROX 5' +- Bottom 11/17/21,9:33 AM OPTS Print c-7s Pitt County Government r 10 -'� 1j. Greenville,North Carolina i4 1�lft ' �.e y, 4, ,- , '� , . .... AAA y. . . :43"496 i M � d ..... • - , .7: -"•••' = -' 044 .., ',.,"'.6'.' OP, . ,, ,... .4„,,,,;.,, - 4 -- r t 43��0 1 . ti �,it ,43411. ,: t Mom,. 0.0 it. • r;. _ i: AI • fr."--.4"."'"'"--.e.".77".."-. .- 1.2.11:48. 1 Disclaimer This tax record is prepared for the inventory of real property within Pitt County PLEASE NOTE: and is compiled from recorded deeds,plats,tax maps,surveys,and other public records.Users of this data arc hereby notified that the aforementioned public primary information sources The parcel information is updated nightly should be consulted for verification.Pitt County assumes no legal responsibility for the information contained herein. and reflects current property values. Copyright®2017,Pitt County,North Carolina Printed:11/17/2021 9:33:01 AM httpsJ/gis.pittcountync.gov/opis/print.aspx?resetSession=true&x1=2514309.3517650845&y1=675522.7226520642&x2=2515045.9846056122&y2=67... 1/1 I 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