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HomeMy WebLinkAbout20230090 Ver 1_Approval Letter_20230328ROY COOPER Governor ELIZABETH S. BISER Secretary RICHAM E. ROGERS, JR. Director Erica & Jong Sob Kim Lot 5 Strawhorn Point Aurora, Beaufort County, NC. ericakimcmr@gmail.com NORTH CAROLINA Environmental Quality Mach 28,2023. DWR # 20230090 v1 Beaufort County Subject: APPROVAL of TAR- PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Lot 5 Strawhorn Point Dear Erica & Jong Sob Kim: 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 28, 2023. These impacts are covered by the Tar- Pamlico Buffer Rules and the conditions listed below. This Authorization Certificate 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 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 2 428(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 Q�JJ 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 C of Envl A 919.707.9000 oePemmem m enwronmenml aual� Lot 5 Strawhorn Point DWR# 20230090 v1 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: 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 supplying 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 maybe accessed at http://www.ncoah.comi or by calling the OAH Clerk's Office at (919) 431-3000. 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 Lot 5 Strawhorn Point DWR# 20230090 v1 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#20230090 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, Plow Tay." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Eric & Jong Sob Kim, ericakimcmr@gmail.com Raleigh W Bland, USACE Raleigh.W.Bland@usace.army.mil Gregg Bodnar, DCM, gregg.bodnar@ncdenr.gov ��� 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 919.7�7.9��� oepMeffl or EnHm�menmi o�si� OWNER: ERICA & JONG SOB KIM 11317 CLAYBANK PLACE RALEIGH, NC 27613 PIN 6598-96-7852 PROPERTY ADDRESS: 0 STRAWHORN DRIVE AURORA, NC THIS IS NOT A BOUNDARY SURVEY. ALL INFORMATION SHOWN IS BASED ON RECORDED A SURVEY BY SORRELL LAND SURVEYING ENTITLED "A SURVEY OF AN EXISITNG PARCEL OF LAND FOR ERICA KIM" SURVEYED APRIL 19, 2022. THIS IS FOR DISCUSSION AND PERMITTING PURPOSES ONLY. 245'x 25q' a r EX EX MO. IL (rrn) (TYPJ � 2�6'x h x 2 Leo Q Q Q -2.02' q n0x o //y Exo PILING RIPRAP a_la (TYP) n \ x-0.5' � ,I 5HORELINE (Nt) I0'EA5EMENT J450N d MARY 5. KOLESAR PIN 6598-9b-477O ZONE I NOTE: THIS DOCUMENT IS PRELIMINARY - NOT FOR CONSTRICTION. RECORDATION, SALES OR CONVEYANCES - THIS DOCUMENT DISCUSSION PURPOSES ONLY! EXISTING INFORMATION SHOWN ON P DOCUMENT IS BASED ON BEST AVAILABLE DATA AND IS NOT A CERTIFIED ALL INFORMATION SHOWN ON THIS DOCUMENT IS SUBJECT TO ANY REQUIR BY ANY REGULATORY AGENCY, ENTITY OR AUTHORITY. QUIBLE & ASSOCIATES, P.C. DOES NOT GUARANTEE THE ACCURACY OR THE COMPLETENESS OF ANY INFORMATION IN THIS DOCUMENT AND IS NOT RESI FOR ANY ERROR OR OMISSION OR ANY LOSSES OR DAMAGES RESULTING FI USE OF THIS INFORMATION. J1T#S,imuffffl APPFKNW MARA BAE FCI!MIS ION CffVgSKW Of ER RCQPL�Z March 28 23 20�+ r ,Z� R/VER o '- sTRn/waa a � h � z ^o* �`iN 5/TE =E Z* ->_ ww: / /� �G1NAol'LM®IMS RD EX 57' / \ ... .. RIPRAP FORMER SHORELINE PER FLAT / .. \ 71 DILAPIDATED --SHORELIIL-(NNYJ e �... BULKHEAD -2.22' x-1 gb' x-236' x-223' x-200' x"2G4' x-2 /o' l x-lS8' x x-203' SHORELINE x_, 72' %.. __ I L_ 30' BUFFER (ZONE I) / ' _50' %FFER(ZONE 2) AEG (5A, I / J NiF (: EDITH H.. LANE TRV5T PIN 6598-96-7479 FA WETLANDS LEGEND SECTION 404 WETLANDS F . _ COASTAL WETLANDS+ (\ a RAAPORN CREEK NON",, N54 PRELIMINARY FOR CAMA PERMITTING ONLY a PROPOSED 12 FT MARSH PROTECTION REVETMENT CROSS SECTION 12.0 PLATFORM a- c PIER/PLATFORM CROSS SECTION NOTE: THIS DOCUMENT IS PRELIMINARY - NOT FOR CONSTRUCTION, RECORDATION, SALES OR CONVEYANCES - THIS DOCUMENT IS FOR DISCUSSION PURPOSES ONLY! EXISTING INFORMATION SHOWN ON THIS DOCUMENT IS BASED ON BEST AVAILABLE DATA AND IS NOT A CERTIFIED SURVEY. ALL INFORMATION SHOWN ON THIS DOCUMENT IS SUBJECT TO ANY REQUIREMENTS BY ANY REGULATORY AGENCY, ENTITY OR AUTHORITY. QUIBLE R ASSOCIATES, P.C. DOES NOT GUARANTEE THE ACCURACY OR THE COMPLETENESS OF ANY INFORMATION IN THIS DOCUMENT AND IS NOT RESPONSIBLE FOR ANY ERROR OR OMISSION OR ANY LOSSES OR DAMAGES RESULTING FROM THE USE OF THIS INFORMATION. III • iij O . BULKHEAD/RIP RAP REVETMENT CROSS SECTION PROPOSED -IIKI ICII GIIE=1 ICII CII CIIKI BOAT LIFT CROSS SECTION NTS PRELIMINARY FOR CAMA PERMITTING ONLY z 0 0 U 0 ED z J aK z C. 9 0 'a NOTES: WQTE THIS DOCUMENT 18 PRELIMINARY t NOT FOR CONSTRUCTION,'. w m 1. OWNER: ERICA & JONG SOB KIM R£QORDi1TI0N SALES OR CONVEYANCES - .THIS DOCUMENT IS FOR.- �! 4 11317 CLAYBANK PLACE DISCIISSI[ON PURPOSES POLY! EXISTING INFORMATION sHOwx ON THIS '- m ^ RALEIGH, NC 27613 : .'� �:��. 4C M i7.,TIEST AVAII'ABCE:.DATA AND',1$.NOT A CERTIFIED SURVEY',':.: D U. ENT,'IS BASED.-D . y� O1 2. PIN 6598-96-7852 ALL ANRMAnAAGF BN TH5 'OOOUMENT IS SUB.!EGT TO ANY TtEDUR;ENENTS:': Rr AGENgr ENTITY pR:-AurNGRITY. BY ANY REGULATORY 0 3. PROPERTY ADDRESS: 0 STRAWHORN DRIVE QWkL &: ASSOCIATES. P.C.DOES NOT. GUARANTEE THE': ACCURACY% OR THE. COMPLEJENESS pF ANY: INFORMATION IN:THIS DOCUMENT AND IS'NOT:RESPONSIBLE:: i AURORA, NC FAR ANY'. ERROR OR OMISSION OR ANY-. LOSSES OR DAMAGES RESULTING FkOM THE". USE 4F TNI5 INFORMATION:: ^a 4! rl ,N o _ V U w o 4. THIS IS NOT A BOUNDARY SURVEY. ALL INFORMATION SHOWN IS BASED ON RECORDED A SURVEY BY SORRELL LAND SURVEYING ENTITLED "A SURVEY OF AN EXISITNG PARCEL OF LAND FOR A u z s ERICA KIM" SURVEYED APRIL 19, 2022. THIS IS FOR DISCUSSION z o AND PERMITTING PURPOSES ONLY. '. z PROPOSED d? w w m U ''PROPOSED `:- 94 LF .. By. PAMLIGO RIVER 12 FT. BY 12 F7 6.-wIOE: PIER. (5A, NON, N54 PLATFORM:. PRELIMINARY aae x.o PROPoseo FOR CAMA 294 LF:.': PERMITTING PROPQ5ED 759 x,. RIP RAP': REVETMENT '.': `. .. .. '.f3ILtNG BULKHEAD psi,* _ -: (12'. .BASE) pF20POSED 642 LF \.. ::_.. " ONLY IN FRONT -:MARSH PROTECTIONBACKFILL BELOW'NWL OF BULKHEAD REVETMENT (12''.BASE) _ \ x ?ao 20 ao 0 o PROPOSED SHVRELINE /NWL) -LON� /" '-' ET' - U J46201 1 PROPOSED 426 ZONE 2 BUFFER .'. ti0 / m ` '. ,I �PEG� z �ry .. COVERAGE ... ` i tip2 '.. . ;:-I is .... SNORED . �aNE Z 0 , w SHORELINE (NV�J IV -'E STRAlNNORN ' ? cQi m o'EASEreENr -- 30' BUFFER (ZONE 1), CREEK (5A, NON, N5GV1 w F J PROPOSED �s ____ _ __ \\ \ / / :, N Fy WW Z WATER SUPPLY q WELL PROPOSED FO 50' BUFFER (ZONE 2) �--` \ __\ ---_--------- \\ i/" V� SINGLE FAMILY RESIDENCE / L 75'. AEC AND DRIVEWAY / / MARY PROPOSED SEPTIC & JASONC S. KOLE5AR l 0 \ PUMP TANKS PIN 6598-96-4770 \ L, o\ r a PROPOSED \ / SEPTIC / DRAINFIELD 1 Nam' z ELITHIN LANE TR05T PIN 6598-96-7479 o 0 \,. �':✓ oo �oWo LEGEND 7 a�z�o�w SECTION 404 WETLANDS10 w COASTAL WETLANDS ,� EXISTING WATER DEPTH 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�J/ 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 Depadmem of Environmental Deal