20220684 Ver 2_Approval Letter_20230713

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 13, 2023
DWR # 20220684 V2
Pitt County
The Charles on Charles, LLC
Attn: Watson G. Caviness
639 Executive Place, Suite 400
Fayetteville, North Carolina 28305-5488
Delivered via email to: watson(@cavinessandcates.com
Subject: APPROVAL of TAR/PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
THE CHARLES
Dear Watson Caviness:
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) May 17, 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, 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 / SCM
330 (square feet)
870 (square feet)
Buffers — Zone 2
Site 1 / SCM
120 (square feet)
680 (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 2B .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�

The Charles on Charles, LLC
DWR# 20220684 V2
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:
1. 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, 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) and (6)
No 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.
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), and [15A NCAC
02B .0734(11)(ee), (ff]
4. Immediately post- construction, bare soils 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)]
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
North Carolina Department of Environmental Quality I Division of Water Resources
NORTH OAROLINA
D Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
oePere�am of �mronmanui o�si�

The Charles on Charles, LLC
DWR# 20220684 V2
Buffer Authorization Certificate
Page 3 of 3
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.
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.
This letter completes the Division's review under the Tar/Pamlico Riparian Buffer Rules as described in
15A NCAC 02B .0734. Please contact Robert Tankard at 252-948-3921 or [e-mail] 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: Igor Palyvoda, [e-mail]
Billy Standridge, [e-mail]
laserfiche
North Carolina Department of Environmental Quality I Division of Water Resources
NORTH OAROLINA
D Q 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
oePere�am of �mronmanui o�si�

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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM 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�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�