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HomeMy WebLinkAbout20220663 Ver 1_Approval Letter_20221011ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Meherrin River Forest Products Inc. Deed Book and Page number: 4069-411 429 Virginia Ave. Alberta, VA 23821 Responsible Party: Donald Bright / (434) 949 - 7707 NORTH CAROLINA Environmental Quality October 11th 2022 DWR # 20220663 v.1 Pitt County Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0734) WITH ADDITIONAL CONDITIONS Chicod Creek Boat Launch Mr. Bright, You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on May 17th, 2022. 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. This Authorization Certificate shall expire five (5) years from the date of this letter. The following impacts are hereby approved, provided that all of the Conditions listed below, and all 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) Amount Approved Plan location/ Permanent (units) Reference Attached Temporary Buffers - Zone 1 450 square feet 0 square feet See map / construction plans Buffers —Zone 2 300 square feet 0 square feet See map / construction plans 1. 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]. 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 (except for what is depicted in attached approved plans), 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 [15A NCAC 02B .0734 (11) (i)]. North Carolina Department of Environmental Quality Division of Water Resources Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NORTHc�NAIV 252-946-6481 2. 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 one corridor. 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) (x)]. 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 436 (10 x 10 spacing) to 681 (8 x 8 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 260 trees per acre at maturity. [15A NCAC 02H .0507(c), 15A NCAC 02H .0506(b)(3), 3. 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 the Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and Authorization and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 4. Any existing/previous impacts in zones 1 or 2 are deemed approved/authorized. 5. This approval and its conditions are final and binding unless contested. (G.S. 143-215.51 This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at httn://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 North Carolina Department of Environmental Quality Division of Water Resources D � Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NoalHcaaD_NA 252-946-6481 This letter completes the review of the Division under the Tar/Pamlico River Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Allen Stewart at 252-946-6481, glenn.stewart@ncdenr.gov if you have any questions or concerns. Sincerely, ROW T"" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Emily Thompson, Washington Regulatory Field Office, USACE Randall Jones, WaRO DEMLR DWR Laserfiche North Carolina Department of Environmental Quality Division of Water Resources D E Q�� Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NOR1H CARou Na 252-946-6481 . It North Carolina Department of Environmental Quality Division of Water Resources D E Q�� Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NOR1H CARou Na 252-946-6481 Chicod Creek North Carolina Department of Environmental Quality Division of Water Resources Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 Noa1H raaoiNa 252-946-6481