HomeMy WebLinkAbout20220748 Ver 1_Approval Letter_20220705ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 5, 2022
DWR # 20220748
Beaufort County
Greenhead LLC
Attn: Robbie Cohen
Post Office Box 545
Norwood, North Carolina 28128
(Delivered via email to robbie @cohen construction co. com)
Subject: APPROVAL of TAR-PAMLICO BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
SCHRAMS BEACH GREENHEAD CABIN
Dear Mr. Cohen:
You have our approval for the impacts listed below for the purpose described in your application dated
May 26, 2022, received by the Division of Water Resources (Division) on May 26, 2022 with subsequent
information on June 22, 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
Site 1
0 (square feet)
0 (square feet)
Buffers — Zone 2
Cabin
476 (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
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
111 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH C of Envi A 919.707.9000
DepaMmem M Environmental Dual
Greenhead LLC
DWR# 20220748
Buffer Authorization Certificate
Page 2 of 3
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)]
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).
2. To the greatest extent practicable, the area under the deck should be maintained in vegetated cover.
This may include lawn grasses, shrubbery, or the like. [15A NCAC 02B .0611(b)(4) / c)(4), 15A NCAC
0213.0203, 15A NCAC 02B .0734 (9)]
3. Stormwater runoff through the riparian buffer shall meet dispersed flow as defined in 15A NCAC
02H .1002.
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.
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 15013-23(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
North Carolina Department of Environmental Quality I Division of Water Resources
Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �/ 919.707.9000
uepanmem ut enmmnmenrai aeai�
Greenhead LLC
DWR# 20220748
Buffer Authorization Certificate
Page 3 of 3
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.eov if
you have any questions or concerns.
Sincerely,
POW T44-"
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Electronic cc: DCM Washington Field Office, Shane Staples
USACE Washington Regulatory Field Office, Emily Thompson
laserfiche
North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROLINA
v 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
DWR Project No:
Applicant:
Project Name:
NORTH CAROLINA
Environmental Quality
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:
D E Q ,�/ North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA � 919.707.9000
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