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Home My WebLink About20140275 Ver 4_Approval Letter_20230804ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director T J 's Land Development LLC Tobin J. Tetterton P.O. Box 125 Pantego, NC. 27860 Delivered via email to: NORTH CAROLINA Environmental Quality August 8,2023 DWR # 20140275 v4 Beaufort County Subject: APPROVAL of TAR-PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS TJ's Land Development LLC— Pungo Creek Marina Dear 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) August 4, 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 Buffers —Zone 1 B1 / Access Pier 240 (square feet) Buffers — Zone 2 B2 / Access Pier 160 (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 �J North Carolina Department of Environmental Quality I Division of Water Resources v 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA _ D� Mem or EnAmn-01 WMa 919.707.9000 TYs Lad Development LLC DWR# 20140275 v4 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. No additional impacts shall occur to Zone 1&2 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. 2. All wetlands, streams, and surface waters located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria, and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impact. 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 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 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 D E Q��/ North Carolina Department of Environmental Quality I Division of Water Resources v 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA 919.707.9000 oe",tmem m Envlmame,w pual ' Us Lad Development LLC DWR# 20140275 v4 Buffer Authorization Certificate Page 3 of 3 Petition forms maybe 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 / when the corresponding 401 Water Quality Certification Approval DWR# 20140275 v4 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.nyarko@deg.nc.gov if you have any questions or concerns. Sincerely, ROW T04-. Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Steve Trowell, steveitrowell@gmail.com Emily Thompson, emliv.b.thompson@usace.army.mil Laserfiche 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 NORTHCAROLINA _ DepftemaE-1—m-min�ai� /`� 919.707.9000 r • i 'MN 5 O BOAT JRs 9aT lYTS BRAT 3urr5 BDAr ,JETS BRAT LETS BOAT lIRS BMT L1Ff5 9MTOLFTS BRAT LIRS i C J T L F S FY 2Y 2F' FF' 2Y 22• 2e' 22' 2222' P6�' PIER DETAIL M M4 WEry.5N0 AT HARSH CRASS AT HIM OUNO RO nArEyS WRA�SP Flu 40A WE LANO N P PAR BWT L— BOAT ORS BOAT Lars I BMT]LIRS BOAT t1R5 BD•.T LIRS BOAT LIRS EOAT llrT4 8D1TuFTS --T LRTS zz' zB' 22' zz' zr zPzr PY— 2r 2x'. II II i� I _,,,7Ir�ow f NOT[ 1: THIS VIETP DOES NOT SNOM ALL OF \ a PWNGS. 11 � b y k NEW PIER 17 NAL \ CROSS SECTIO y T,a'x '5 0 1 5 1 LOyF _c _ -_ ! e5 3 7Sf3Yy0 � BE All a w \ T' z53 v'•Sys 9.tt. 1T,43 F i4 ,63 A9,2 e _� 1/ dGUN �o Bgp V 3 WOOF sow 44 i B4 ` l4`5 5 es9 s x 1` O ?45tia°9 1 FIELD 5 /} v \°. Lp ,a 1 ' 4 a 0 eA• b Z 2. Y ca,ea',r cra,e,Pr m w tp -- �T. CON$1RUCT[Ol fNIi ANCE T, IV A 60' CRUSHED STONE 1 , 5 l LEGEI D: MMIRONPlP OON1ROL 1 ss�%SPIRE 1 214014 CONTROL'POINT^CONTROL aw eL.11TINI]All: E1 fit 4DIWET_ LE f r''y�y,Cl� �' TAM T: NAE. aRr a 20 WBa sOJE a PEEr AHDYEOR W1JD. TL@P618 Ts :uc Fesr NORIII PADMAi�WdAwVELR0A6 AND]3P�CBAYIFROM TI�CH.'lT9l OPTHE �-.— NORMAIWATER LINE 4 % w.9aunlsaPex lTaa [YeATaf+^a�.NaoAOI.'O�MIB>s �E� 4NOTTGSCALH } I 11 ,� 1W.IC IIW Yf�BIBS'AT30N d,T}®NAD. Lf T.01�1'. wv. HVERT O 50LE I�FEB[A80YBOROT Trb�9T3R RYdnlm P&Sr TOK (5•D')XwAT>�!nG�rR.rPPR , MONAIB,AFowA NORTH FROMAJa]w rncAvm,ROAn ANo 2i PRa:'JJAST PxaMTEx [szFA ors T.5'% SPOT M U• ATTON I ACC �ifH 6IAa83i0 IpBYATrON�OP�NAII.nIKB ISFUGSEMIE.EVATION ` HIGHGROIP.N'D 33.52DISTURB13D TrtldC IrMFTILL It —�--4-^ SILT PENCE V1 CAMA 1404 WETLANDS 12.95 NOT DISTURBED nMr.H.+a. ser m�A,su+a+uAv[az�]a FearAsovB [aounm.Tasrnaan ASPEALT {YEATESVRS.B ROAD} TOTAL. 46,47 30 rINIT HOIzM PROM T%9COIWER OF,POND, ON TXESOVnffA.TT fAH[ OF A Dmol N/Anem raro srmwmdag um ON Tra CoaaRIt 4FTrrrB TltaeTAB TrB ffiJr5'Al10PJ UPTHB HAB. fa 1-0J'Ytl%T, CONMURLWB T1M a:NAE.a81']NAS1MCl[dVM IEBtilAP6B1AE0YE OAOS.IS.'SF3HTPEBn 10415IIED C[Jh'" Lm Ik1Fm NO1TN FR6M 1ffi LLRNER OFAPfA'�AND �THBTR)ffi iAN6. TOO 0 100 200 300 'O�sxiavATmH OF THBN.rt.n 1A Fir TAR • PANILICI) RIPARIAN HUPPER TWO 914-0n5 Nara: TT� Jsla nnxvM P..xa FL.000 t48VATSON Fsa Tws Llfl TST.o1�TAtCORDB+Oro PnIA Ptapn a'aLEUNeruTs GWRIC SCALE - MY MAF P]as,000i rMTED ettS ._ IF9 1 II PILING DETAIL TYPICAL DCT TD EDuc, LAG N5� F1Q' eaA H x Ta•x 17A9.CO' aT x aY % PATIO _ T a0' nuH,uuvv rwuLc PULrI SCALE. 20 --_ APPIRANED 19WMCAPCUNAEKVVONMMAL MAIWIGE MENT Cry MMI IO �Of !■OIJKM -, . Imm08/04 +M+ Xr80) X(Ali QR BTREET 4��e@• .D �a�ada.! JjT I i m L,!_S[iS.[P� 4e`''EJ l �'�OJC1+li0g5�� a• CAMA PEit1��' ��roaiap�a�p* TYPICAL CABBHt SITE RESPOHSiBLE PARTY: TOBIN J. TETTERTON, 232-943-9877 aMUD sj00/IM rANA PFaMT e[YB[D !0/21/lb Ne1Oi1 RMarO '/LaHM rVFO A 9hom lN:uE P%ATilA yMd R[Ta[[9 ] 10 TN BEAA PROPERTY OF: TA LAND DEVELOPMENT, LLC 0 BA7H TOWNSHIP BGOrDwr COUNTY �2 NORTH CAROLINA SCALE: I" a IOC' SURYEY DATE; NOWWWR 22. 2013 O � �pE�� fAl1T!® 91� ,mo koumlb[. It V� i AablCLLF P u, s RECEIVED iY 2 7 2015 IV�'S1Y�1 Pu 11,, url ii1N ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality DWR Project No: 20140275 v4 County: Beaufort Applicant: Tobin Tetterton Project Name: Us Land Development LLC - Pungo Creek Marina 401 Water Quality Certification Issued Date: August 4,2023. 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 - oep,rmmammEnmron—UlQnl;\� 919.707.9000