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Home My WebLink About20221073 Ver 1_Riparian Buffer Authorization_20220829DocuSign Envelope ID: 8D93BC2A-FA41-4637-B409-707FB2A975B3 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director John and Heather Kelmell 1021 Brasnoor Lane Garner, NC 27529 NORTH CAROLINA Environmental Quality August 29, 2022 DWR # 20221073 Carteret County Subject: APPROVAL OF NEUSE BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Kelmell Home, Sea Gate, Newport, North Carolina Dear John and Heather Kelmell: You have our approval for the impacts listed below for the purpose described in your application dated August 8, 2022, received by the Division of Water Resources (Division) August 8, 2022. These impacts are covered by the Neuse 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 Neuse 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 Site 1 670 (square feet) 670 (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) If you are unable to comply with any of the conditions below, you must notify the Wilmington 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. � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA oaa..m.mof�runn,aM,lOual\ /� 919.707.9000 DocuSign Envelope ID: 8D93BC2A-FA41-4637-B409-707FB2A975B3 Kelmell Home DWR# 20221073 Buffer Authorization Certificate Page 2 of 3 The permittee shall report to the Wilmington Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 0213.0714 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 Zone 1 Impacts No impacts, except for "deemed allowable" uses as identified within 15A NCAC 028 .0734 (11), shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by DWR. No impervious surfaces shall be added to Zone 1, unless otherwise approved by DWR. 2. Diffuse Flow An additional condition is that all stormwater 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 028 .0734(5) or provide treatment via an approved stormwater BMP meeting the nutrient removal requirements established within 15A NCAC 028 .0734(a)(1)(2). For this project, diffuse flow can be accomplished through creation of trench collecting 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 028 .0734 (6)] 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. D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources NORTH CAROL NA ��` !!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 oeprUm tofEmlmMIB�IOwI 919.707.9000 DocuSign Envelope ID: 8D93BC2A-FA41-4637-B409-707FB2A975B3 Kelmell Home DWR# 20221073 Buffer Authorization Certificate Page 3 of 3 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 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#20221073 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 0213.0714. Please contact John Perry at 910-796-7215 or john.perry@ncdenr.ov if you have any questions or concerns. Sincerely, DocuSigned by: �Oµ �natrl On, 7F141E73B6F3456... Tom Tharrington, Assistant Regional Supervisor Water Quality Regional Operations Section Electronic cc: Kevin Miller (via email) Liz Hairr, USACE Wilmington Regulatory Field Office (via email) DWR 401 & Buffer Permitting Branch electronic file Filename: 20221074_Kelmell Home_Carteret_401_BA_Aug22.docx D � � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROL 04patneMbfE I,—U10-Ift /� 919.707.9000