HomeMy WebLinkAbout20221273 Ver 1_Approval Letter_20220923ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 23, 2022
DWR # 20221273
Craven County
Charles J. Foret
1308 Brices Creek Road
New Bern, North Carolina 28562
(Delivered via email to c95foret@gmail.com)
Subject: APPROVAL of NEUSE BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
1308 BRICES CREEK ROAD DECK
Dear Mr. Foret:
You have our approval for the impacts listed below for the purpose described in your application dated
September 14, 2022, received by the Division of Water Resources (Division) September 14, 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
375 (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
Charles Foret
DWR# 20221273
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 .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. The plans provided along with the application depict grading activities within Zone 2 of the
protected buffer. This activity is designated as "exempt" under the Buffer Rule provided that
fill is not placed in Zone 1, diffuse flow is maintained as per the Buffer Rule, the disturbed
areas are stabilized and revegetated, and the health of the existing vegetation in Zone 1 is not
compromised. [Table of Use for each buffer rule: 15A NCAC 02B.0714(11) and (6)]
2. No impacts shall occur to Zone 1 of the protected riparian buffers [except for uses and
activities designated as "exempt" within 15A NCAC 02B .0714 (11) and (8a), unless otherwise
approved by the Division.
3. 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 .0714(8) and (9)]
4. Stormwater runoff through the riparian buffer shall meet dispersed flow as defined in 15A
NCAC 02H .1002 that meets the requirements of 15A NCAC 02B .0714 (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 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
Charles Foret
DWR# 20221273
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 Neuse Riparian Buffer Rules as described in 15A
NCAC 02B .0714. Please contact Robert Tankard at 252-948-3921 or robert.tankard@ncdenr.gov if you
have any questions or concerns.
Electronic cc:
Sincerely,
R4e4 Teo.Ii
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Brad Connell, brad.connell@ncdenr.gov
Raleigh Bland, Raleigh.W.Bland@usace.army.mil
laserfiche
£ 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
r
138
Nary Carolina Ernironment i
Management Commission
Division of Water Resources
Far Neuse Basin Boger
Date,,pt _7.3 2012,
noviewed by_ RQc,-.x Tc
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