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Home My WebLink About20221222 Ver 1_Approval Letter_20220923ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality September 23, 2022 DWR # 20221222 Beaufort County Edwin E. Robbins 3600 Meadowtrail Lane Denton, Texas 76207 (Delivered via email to chuxmail2017@gmail.com) Subject: APPROVAL of TAR/PAMLICO BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS 389 Edgewater Road, Washington, NC Dear Mr. Robbins: You have our approval for the impacts listed below for the purpose described in your application dated September 6, 2022, received by the Division of Water Resources (Division) September 6, 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, CAMA 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 Site 1 243 (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 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 Edwin Robbins DWR# 20221222 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. 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.0734(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 .0734 (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 .0734(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 .0734 (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 Edwin Robbins DWR# 20221222 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, R4e4 Teo.Ii Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Raleigh Bland, raleigh.w.bland@usace.armv.mil Ashley Grandy, Ashlev.grandv@ncdenr.gov 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 S 52°5849' E 74.97' SR 1315 Edgewater Road 2 Lane Paved Roadway 60' Right of Way Al S 51°58.52. E 50.45' NC Grid Coordinates N= 646,201.44 E= 2,592,876.67 (Now w kowedy) Bryan J. Lyons Deed Book 1963 Page 058 This drawning does not meet the requirements of GS 47-30. 1t is not suitable for recordation, conveyances or sales. If is for enviromental permitting only J EIP Existing House 2.4' from Property Line 1 2 -47 Lot Area 0.16 acres 7,121.46sgft 3 4 435 sgft 1 (1,2,3,4,5,687) 15 907 sgft (7,11,10,8,8,5&6) Existing House 11 Existing louse i 10 12 1.8'from Property Line (10,8, B,128f0)) Existing Bulkhead oQ H K1 ; EIP S 46°24'59" E 7 54q• 81 C1 EIP CAMA "AEC" 75' from Waters Edge (rlaw o-F-ormerly) Sue F. Jefferson Deed Book 1828 Page 237 DWR Buffer 50' hem Waters Edge Zone 2 DWR Buffer _•_-_._.- 30' from Waters Edge DI Zone 1 Mean High Water LIP Pamlico River A Plot Plan For Edwin Robbins 111 Long Acre Township Beaufort County, NC Soalel"= 20' Drawn: July 21, 2022 Sorrell Land Surveying, Inc. Hugh A. Sorrell, Professional Land Surveyor L-2848 107 Union Alley Washington, NC www.sorreillandsurveying.com Company License: 0-3508 Office (252) 948-2464 Mobile (252) 944-9798 "Serving the land surveying needs of Eastern NC" N54°33'18. W74.65' EIP LI Table of Metes & Bounds From To Bearing Distance Al BI S 51°58'52" E 50.45' B1 Cl S36°37'01" W 3.07' CI D1 S 37°44,09' W 111.44' DI E1 S 37°11'49" W 23.38' El Fl N55°03'27' W 17.95' F7 G1 N 68°07'00"W 24.71' G1 141 N88°07'00"W 8.82' HI J1 N37°31'28"E 32.95' J1 Al N37°31'28"E 115.22' B1 Kl N39°51'28"E 12.28' K1 11 5 40094'59" F 75 44' Legend OO EIP = Existing Iron Pipe OO NIP= New Iron Pipe OO Ex. Mon. = Existing Concrete Monument 0O Mag Nati= Magnetic Survey Nail O NPS = No Point Set to = Power Pole ----- = Right of Way Centerline - Lines Surveyed = Lines Not Surveyed = Power Line Curbing --- = Water Boundary RSW = Right of Way PC = Point of Curvature PT = Point of Tangency All NIP's set ere black iron pipe 1"in Diameter by 24"long Linear Units are "US FOOT" Angluar Units are "Degrees. Minutes & Seconds" 20 EDGEW14TER Ro4L) 601 RAW M13L fQ t PROPOSED 34'X46' 2 STORY STRUCTURE LINE OF EXISTING 30 MAGNETIC NORTH INETLANDIBUFFER APPROVED [iOR111 CAROUfL MANAGEMENT COMMISSIC IDNISION Of WATER RESOURCES 1bur�1 St_a TOTAL AEC AREA 3S6S, 5S SQUARE FEET TOTAL PROPOSED BUILDING AREA IN AEC AREA 1134,5E3 SQUARE FEET, 2,33% OF AEC AREA COVERED WITH PROPOSED NEW CONSTRUCTION, PROPOSED SITE PLAN 1 "=20,0' 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