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Home My WebLink About20230231 Ver 1_Approval Letter_20230320ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Jerry Dowless and Nancy Dowless 162 West Winds Road Macon, North Carolina 27551 jdowless@outlook.com NORTH CAROLINA Environmental Quality March 20, 2023 DWR # 20230231 v1 Pamlico County Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Dowless Home Placement Buffer Variance Dear Jerry Dowless and Nancy Dowless: 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) March 20,2023. 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, if all 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 2 320 (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 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)] 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 CA oepanmem renmnm roenrainaar� 919.707.9000 �ROLINA - Dowless Home Placement Buffer Variance DWR# 20230231 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 [Neuse] .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: 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). 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 0213.0203, 15A NCAC 02B .0734(8) and (9). 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. North Carolina Department of Environmental Quality I Division of Water Resources Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA �' 919.707.9000 pepa"mem of EnvlmemeeW Uual� Dowless Home Placement Buffer Variance DWR# 20230231 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 land 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#20230231 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B [Neuse] .0714 Please contact Paul Nyarko at 252-948-3845 or paul.nvarko@ncdenr.gov if you have any questions or concerns. Sincerely, Plow T" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Jerry Dowless and Nancy Dowless, idowless@outlook.com Emily Thompson, USACE, Emily.B.Thompson@usace.army.mil North Carolina Department of Environmental Quality I Division of Water Resources D E Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAS OLINA - nepanmem i Environmental aaar� 919.707.9000 0- C12TTFICATT 07 CONIPI lA NC1:5 VVYTH A R FA F' YtR,OT f I' NTA I CONCH F R N STA 1' DA R DS CC E: R T Ik' I+CA T 1: F A ]�' h } Y A i. OF WATER " SUPPLY ANT) SEWAGE DISPCSA L SYSTEM T herelsv certify that this subdivislon cnnforrns to the standards of the North Carolina ('7a.gtal I certify that the subdivisi,3n entitled Orchard Area Manaitement act 4 1974 anEi a pertion -ir Crprk F states contains land therein which may ■lii oof the snbdiyieion lgcated within anv area be clnr+sifted as su#table, provisionally suitable, -if eviOrlrontnental cnncerr iR duly n,ted at the or unsuitable for the use of individual septic *PP r date IWpa tiwn ,v n th s Riap. systems and individual water supplies. Sub.se- I mac= PPr A4, quent approval of individual lots will be based III ove►rcerning site limitati ms, including s ea a onally hf qh water table, soil texture and structure, drainage, and lot ,lire_, and setback � ltrr•ftationti prig to issuance of an improvement EftT�'iC TE F QWN ItSIIiP AND permit by the Pamlico County Health Depart- DrDICATION meat. Tndividual lots may require drainage, I hereby certify that I am the owner of the area. MI. and/or movund systerr,s. Certain I,ts may be classified as unsuitable due to any -)f property sho-*n and described hereon; and the aforernenti-vned site limitations. Fach of that T hereby adept this plan of suUdtv1@ign the Individual 1ots must be developed in accgr- witb my free consent. establish the minimum dance with state ;1as and rules for sanitary btA1d%jt haws, wid dedicate all streets$ alleys„ !�r, ogee dispo9alws sr parks# and private use ae noted. Y -/- F-7 = olds ceet#fy lbat the land shown in this plot Gate C-iunty Sanitarian falls olthi" the subdivision jurisdictfon 0 Parr+I#ea C-uety. A6gW 1A.,z, 4r' " 9 7 1%q % wnrr C'FRTTYTCATF CF Al PROVA.I BT THE PI ANNFNC, 140ARD_ The Pamlico County Planning Bard hereby ' CYRTIFICATT OF SURVEYOR approves the final plat for the Orchard Creek i Subdi vi sio n. _ T, Herbert J. Nofbles, Jr., certify that this Ct- �;L -v7_."- map was drawn by me from an actrxal survey date C, airman made bX men` deed clescsipOrwn recorded in Dnook . . * Page — The lboondarie. s nfvt surveyod are s hewn as broken lines plotted in accordance with the 'lunty �F R TI114 A'f ' Q ' A PPR VA i SIC Tt�F.,.DQA" emsl-)a Rexuls*vns. ,' ( OF CO' MISSIONLRS Witness my hand and seal 19 The Pamlico C-tunty is�ard of C-imm-i s* rs SEAL hereby approves a final plat for the Or rd !1 ste e I an - Cre k S bd1V:isl 8u 4 a f 8'7 date J. 110 1W R Y CFI TITMA TE two- ` �- CRAVEN COUNTY CFR' CAT1r-.0Y REGMTRATION By THE_. - _ _., a Neltary ]KI ISTITER OF. XWEDSL P*b do hereby certify that Herbert J. � C ro #aa�t a�mlicu . �ttt3 Ngblvs* yr.• peragnalbf ravine Wore me this sad be1wR awern stated that the ar ached The forelcofnq rertiffcate _ gmep was propared by hian from anactual!glary Public- Mft_ ��wade by hem own tine Y 'Pamlico Count*e is certified to be eerrect. .� 19 ` _ . and that according Tr'iI fe re otrativn nn the. -;I y of - da ' of his kvwwleFdge and belief, such 19 a ;dQ_ am m and y F !r all r*speete correct. Witness tYey d y r Tole p cabinet _ sli a _.._.. a al s mp or seal this day ')f _ III? _. My commission expires- ate of ,Reds CZRTIFIOA'FF OF ApPROVA i OF S'TREF'T 31.95 Acres in subdivision excluding road right-of-way This is to certify that the street design speclfWa.tions shown in the subdtviston map have been examined and found to be in accordance vaith the minimum right-of-way and construction standards established by the secondary roads council of the N vrth Car,vltrra Department of Transportatton for acceptance on the state highway system. This day of , 19 Vistrfct Fngineer • NOC.D.O.'T'o hT bfO'K4 %t77I PTNCj SF `t BA C: K mrs gNALT, BF: 301 from street right-of-%av I HAROL.D L. ST'EPHE S 5 W a 0 AV 32 1;<_00+ 4r/ .-1 09' 1�0�` . e / 24 dtai �i f ease 31 0 U-)00 On Ln Z 422.00 ... S-g0 5 O W� EOr drainage easement p, a , S S Qr 50 If 1N 405.44 N 0. IV 24004' � a 368.88' ► 60� � 0 � .f5 r001. ` e� MANDMLffM APPROvEID poM CAPaJENMONMEWAL MAMA EPAD T COMMISSION DrWLgC 4 of WATER P2SQUW.E3 20 VM PwTdk bI _ - 0 050W 35.9r to 3 0 Cr. O 0 O tij e0 3I.5f 0 3, 11 Q RESERVED FOR Olt SEPTIC SYSTEMS O S 84 50 \N 412.18` NOfi+N57-93 M 05 `zqz .45. 3 S ad 54 W 431.20 .0 �4 - S 800 56 W 340 -00 'p I 10 IOr from side I3ne�I N 8C 8� N 28,44rW I8 . ' p 2i 47Q.4 f 4 All 5 S*�'}�A T i IMF SUB TFCT TO s sir s �a°5o � I- D RATMAOT AND VT LITTES FASEMENT ��.�� n ! T CNG v R r r T R 1 W I THE AND OF 1 I S@ FITHER SII'}'F or Pot F R TT I. iNFS. N 11B _ . S ,90• i LID tci . g� 4 lope ± 4f� Re( fool .I .'pQ[ foot 4 per f oot 6"per foot 2�? i P /W 50 PavQ enf 8` 2 1' slope . 1 14"per foot 20` { s�c��lr�er ditch l M toot rper foot .,.t,, GI IN 24If I-W_- .y N 140 37 Er i* J r • Y,r . 50 W� T i� V= `'a - r t 1, . a W MR z T' } _ zA L r :F} . 4 9 fH r T, fSk - ,I _ r�l J.. 3 &Z RLCHARL F M4Y URCHARV CR&EK N %I .4 g a �� cc Cr Nth * O 0 /= N 18 ,� :Y 450 00 i 90� � rarna '�<l� F tP IOU9e Qas en f ' on, N3'50'F_ co LP N 28*45, c 0, c,+ 2.a8 r4 i ryCl 0 0 (P m � 4 6Ne g �' 0 � � � Ica � 91.48 � o 4 � � 0800 N 6754E 11Z0 102.40Al 00 0 (P a� � a. N.49 12 � �, 2S d06 � ISlT,I l J CDs Y 0 1 .04- , N 28'1 �� ,BS 00 y1 SETBACK 34. Ire tJ U, x . �'O 1�` O �d08 3y 2�' S 14 �0 S� 9 - W0 a140El' �0 � ��99.47 49� �O. 8 ZA CV— y a 10 @n T- ID Nj. O O OWNER: HA ROLD L. STEPHENSON P 0. BOX ill@ ORIENTAL N. C. 28571 1 ON C4 1y0 r � � 2 PREPARED BY: JOSH NOBLES R.L.S. 2 i 200 CAM PEN ROAD SAYBORO N. C 281515 ORCH4 RD CREEK M In qr SECTIONS ONE AND TWO SECTION ONE INCLUDES LOTS -THROUGH 21--SECTION TWO INCLUDES LOTS T ROU H 342 0 50' 1 D J' 200' 300' 400' NO. T PA&ICQCOU&LY WORH CARQL INA CALE.- 1INCHstOO P STeaJIM 1 * 3 4 g '�i��e�l�iwr��►ii�rr��i�rtieral�,��NE�ral�E��M��1 t� ��t�t��1a�>!i Ir � , s 4 � * 11 s t a.res�. i 1�1�11 1� H �l�i�1l��ii��F�l��l111l�]�la�#��I�r1iHilr<�1� of 4�� p 3 s L rk� 7' �i 3 - a� r t TIM F TCH z O EIP I pP 0 LOT 4 N/F �l SAMUEL ALITTG DB 290, PG 379 TAX ID K08-66-4 f� f EIP :f ! LINE 131:ARIN6 DISTANCE 1.1 N ?0"52Y1V E 19.89' 1.2 N 55 44»" E 26.91' 1.3 N 40°3T59" F 22.82' [ a N 18°I2'49" E [�7' CURVE RAIXLJS ARC LFKGT[1 CIFORD LENCITH CHORD EEIIMNC DELTA ANCil-1: C: 1 335.00' 96.49' %.16' N 30-40-33" E. 16°31010" LOT 2 N/F THELMA FLANAGAN DB 271, PG 663 TAX ID KOB-56-2 1 1 BJP r ryP5k LP 10 NP5 �L NP { � C' NIP SIT REF • ORCHARD CREEK ESTATES RECORDED I R. A SLIDE 36-8 THIS S PROPERTY LIES WITHIN FLOOD ZONE { � AE ( EL 8 ) ACCORDING TO FEMA FIRM DATA �J THE PRESENT OWNER OF THIS PROPERTY, ACCORDING TO PAMLICO COUNTY CIS, IS DOUGLAS KUETT PIM Plan VQr je6ir�VowleSS 329 Penninsu�iental, NC 28571 1.ot 3, Orchard Greek Estates Twsp_ H2, Pamlico County September 29, 2022 ,�.r"� � Rcferrnaes= T Db 650, Pg 281 PAMIICOUkND3URYEYINC%Puc PC A36-8 MI.etCeurl.C,ranlahuru NU2&52 Drawn by: M.R. Lee alai U22b Prq*l p: 220920 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 v 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA � 919.707.9000 oepMem of Envlmnmenml aeel�