HomeMy WebLinkAbout20230186 Ver 1_Approval Letter_20230428ROY COOPED
G,° 7vern or
ELIZABETH S. BISE
m.. CHA E. ROGERS, JR.
Director
Toby Tetterton
P O Box 125
Pantego, NC 27860
NORTH CAR"OLINA
Environmental Quality
April 28, 2023
DWR # 20230186 v1
Beaufort County
Subject: APPROVAL of TAR- PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Redevelopment of Former Smithwick Property
Mr. Tetterton:
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) February 2, 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
200(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
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Redevelopment of Former Smithwick Property
Project # DWR 20230186 V.1
Buffer Authorization Certificate
Page 2 of 3
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)]
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 02B .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 11 Division of Water Resources
512 North Salisbury Street 111617 Mail Service Center 11 Raleigh, North Carolina 27699-1617
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919,707,9000
Redevelopment of Former Smithwick Property
Project # DWR 20230186 V.1
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 Water Quality
Certification Approval DWR#20230115 expires.
This letter completes the Division's review under the TAR-PAMLICO Riparian Buffer Rules as described in
15A NCAC 0213.0734. Please contact Allen Stewart at 252 402 4430 or Glenn.Stewart@NCDENR.Gov if
you have any questions or concerns.
Sincerely,
ROW T""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Electronic cc: Josh.R. Pelletier, USACE, iosh.r.pelletier@usace.army.mil
Ashley Grandy, CAMA, ashley.,-randy@ncdenr.gov
Steve Trowell, Agent, stevejtrowell@gmail.com
Toby Tetterton, tobin@rsnet.ore
Laserfiche file, NCDEQ WaRO
North Carolina Department of Environmental Quality 11 Division of Water Resources
^w 512 North Salisbury Street 11 1617 Mail Service Center 11 Raleigh, North Carolina 27699-1617
'r + 919,707,9000
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Redevelopment of FormE
Proposed Typical Cabin 3
Scale: NTS Dimensions SI
Date: January 17, 2023
Sheet 2 of 2
Pantego Street Side
ROB" COOPER
Govemor
ELIZABETH S. BISER
."a..ecr'etr'dP p
RICHA E. ROCEI S, JR.
Director
DWR Project No:
Applicant:
Project Name:
NORTH CAROL.INA
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:
Agent's Certification
Date:
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:
North Carolina Department of Environmental Quality 11 Division of Water Resources
512 North Salisbury Street 111617 Mail Service Center 11 Raleigh, North Carolina 27699-1617
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919.707.9000