20231090 Ver 1_Approval Letter_20230926 (2)

ROY COOPER
Governor
ELIZABETH S. BISER, z.
Secretary oUI^'41° w
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
September 26, 2023
DWR # 20231090
Pitt County
Clark Builders LLC
Lance Clark
200 E. Arlington Blvd; Suite A
Greenville, NC, 27858
Delivered via email to: [e-mail]
Subject: APPROVAL of TAR-PAMLICO RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH
ADDITIONAL CONDITIONS
Project: Cypress Pointe Subdivision, 35.58, 77.29
Dear Mr. Clark:
You have our approval for the impacts listed below for the purpose described in your application dated
and received by the Division of Water Resources (Division) September 26, 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)]
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Buffers — Zone 1
Site 2A / UT of Tar River
292 (square feet)
0 (square feet)
/ stormwater outfall
Site 2B/ UT of Tar River /
685
stormwater pipe
Site 3 / UT of Tar River /
4611
road crossing
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 -

Cypress Pointe Subdivision
DWR# 20231090
Buffer Authorization Certificate
Page 2 of 4
Site 4A / UT of Tar River/
292
stormwater outfall
Site 4B / UT of Tar River
862
/ Stormwater Pipe
Site 5A / UT of Tar River
292
/ Stormwater outfall
Site 5B/ UT of Tar River /
606
Stormwater Pipe
Site 6 / UT of Tar River /
2377
Sewer Line Installation
Site 7A / UT of Tar River
292
/ Stormwater Outfall
Site 7B / UT of Tar River
538
/ Stormwater pipe
Buffers — Zone 2
Site 2A / UT of Tar River
0 (square feet)
0 (square feet)
/ Stormwater outfall
Site 2B/ UT of Tar River /
1168
stormwater pipe
Site 3 / UT of Tar River /
3090
road crossing
Site 4A / UT of Tar River/
0
stormwater outfall
Site 4B / UT of Tar River
1033
/ Stormwater Pipe
Site 5A / UT of Tar River
0
/ Stormwater outfall
Site 5B/ UT of Tar River /
880
Stormwater Pipe
Site 6 / UT of Tar River /
1455
Sewer Line Installation
Site 7A / UT of Tar River
0
/ Stormwater Outfall
Site 7B / UT of Tar River
864
/ Stormwater pipe
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 [Jordan] .0267(11) / [Neuse, Tar,
Catawba, Randleman] .0611(b)(2) / [Goose] .0606(b)(2)]
If you are unable to comply with any of the conditions below, you must notify the WHICH 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.
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�

Cypress Pointe Subdivision
DWR# 20231090
Buffer Authorization Certificate
Page 3 of 4
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).
2. 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 may be accessed at 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�

Cypress Pointe Subdivision
DWR# 20231090
Buffer Authorization Certificate
Page 4 of 4
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.
This Authorization shall expire five (5) years from the date of this letter / when the corresponding 401
Water Quality Certification Approval DWR# 20231090 expires.
This letter completes the Division's review under the Washington Riparian Buffer Rules as described in
15A NCAC 02B.0734. Please contact Paul Nyarko at 252-948-3845 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: Kim Williams, [e-mail]
Billy Standridge, USACE, [e-mail]
Laserfiche
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

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Map Source: NC OneMap 2016 Aerial
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Pitt County, NC
DAVEY
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ROY COOPERW
Governor
ELIZABETH S. BISERSecretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
DWR Project No: 20231090 v1 County: Pitt
Applicant: Clark Builders LLC
Project Name: Cypress Pointe Subdivision
401 Water Quality Certification Issued Date: September 26, 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
NORTHCAof Envir -
oePanmem renmranmen'aiuvar 919.707.9000