The URL can be used to link to this page

Home My WebLink About20230150 Ver 1_Approval Letter_20230320 (3)ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Bailey Pointe HOA William Wilson 37 Channel Market Ct Belhaven, North Carolina 27810 captnbi1143@gmail.com NORTH CAROLINA Environmental Quality March 20, 2023 DWR # 20230150 Beaufort County Subject: APPROVAL of TAR-PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Bailey Pointe Boat Ramp Dear Mr. Wilson: You have our approval for the impacts listed below for the purpose described in your application dated received by the Division of Water Resources (Division) January 31", 2023. 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, if all the Conditions listed below, and all 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 1 450 (square feet) 0 (square feet) Buffers —Zone 2 Site 2 300 (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)]. North Carolina Department of Environmental Quality I Division of Water Resources 4NORT�H512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTHof - Deparlment m of Envlronmenfal Ouallry 919.707.9000 Bailey Pointe HOA DWR# 20230150 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 0213.0734 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 Permittee shall replant the vegetation within temporarily disturbed areas located within 30 feet of the shoreline or most landward limit of normal high-water level 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.) Replanting 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), and .0734(11) (ee), (ff). 2. Immediately post- construction, bare soil 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). 3. No additional 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), unless otherwise approved by the Division. 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 Q�JI 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 �' 919.707.9000 Dapehmam of Environmental Dual Bailey Pointe HOA DWR# 20230150 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 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# 20230150 expires. This letter completes the Division's review under the TAR-PAMLICO Riparian Buffer Rules as described in 15A NCAC 0213.0734. Please contact Paul Nyarko at 252-948-3845 or paul.nvarko@ncdenr.gov if you have any questions or concerns. Sincerely, Pow T"" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: William Wilson, captnbi1143@gmail.com Raleigh W Bland, USACE Raleigh.W.Bland@usace.army.mil Gregg Bodnar, DCM, gregg.bodnar@ncdenr.gov D E Q�JI 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 �' 919.707.9000 Dapehmam of Environmental Dual Bailey Pointe Boat Ramp Drawn By. -William Wilson Date: 11 /28/2022 Page #2 NWL f Ml Lot Owner Gary Darnell Bailey Creek "4 � GF e r `• Q ," Q • r411 Oil ■ March 2 20-a VM i yt .. 20235() Proposed 40'x15' Concrete Ramp / Water depth at i% nore line 1' NWL Bailey Pointe HOA Boat Ramp 20' . ' 6"thick concrete slab 40'Lx15'W a Bailey Pointe Boat Ramp Map Drawn By: William Wilson Date: 11 /28/2022 Page #1 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD 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 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA � 919.707.9000 crepe em or Fnvlmnmenml aual�