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Home My WebLink About20231052 Ver 1_Approval Letter_20231030 (2) North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 October 27, 2023 DWR # 20231052 v1 Pitt County City of Greenville Lisa Kirby 1500 Beatty Street Greenville, NC 27834 Delivered via email to: lkirby@greenvillenc.gov Subject: APPROVAL of Tar-Pamlico RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL CONDITIONS Project: Greenbriar Drive Drainage and Streambank Stabilization, Club Road, and Greenbriar Drive Dear Ms. Kirby: 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) October 27, 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.0267(11)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers – Zone 1 B1/ UT1 to Green Mill Run / AMA; Road Improvements 1341 (square feet) 0 (square feet) B2/ UT1 to Green Mill Run / A; Repaving existing roadway 0 (square feet) 5339 (square feet) North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Greenbriar Drive Drainage and Streambank Stabilization DWR# 20231052 v1 Buffer Authorization Certificate Page 2 of 7 B3/ UT1 to Green Mill Run / A; removal of impervious surface 1860 (square feet) 0 (square feet) B4/ UT1 to Green Mill Run / AUA; streambank stabilization for culvert 220 (square feet) 0 (square feet) B5/ UT1 to Green Mill Run /AUA; Bank stabilization with plantings 0 (square feet) 166 (square feet) B6/ UT1 to Green Mill Run / AUA; Bank stabilization with plantings 0 (square feet) 18 (square feet) B7/ UT1 to Green Mill Run / A; Stream daylighting 0 (square feet) 3878 (square feet) B8/ UT2 to Green Mill Run / A; Culvert installation under roadway 789 (square feet) 0 (square feet) B9/ UT1 and UT2 to Green Mill Run / AUA; Temporary construction access 0 (square feet) 15138 (square feet) Buffers – Zone 2 B1/ UT1 to Green Mill Run / AMA; Road Improvements 1201 (square feet) 0 (square feet) B2/ UT1 to Green Mill Run / A; Repaving existing roadway 0 (square feet) 150 (square feet) B3/ UT1 to Green Mill Run / A; removal of impervious surface 0 (square feet) 0 (square feet) B4/ UT1 to Green Mill Run / AUA; streambank stabilization for culvert 0 (square feet) 0 (square feet) B5/ UT1 to Green Mill Run /AUA; Bank stabilization with plantings 0 (square feet) 0 (square feet) B6/ UT1 to Green Mill Run / AUA; Bank stabilization with plantings 0 (square feet) 0 (square feet) North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Greenbriar Drive Drainage and Streambank Stabilization DWR# 20231052 v1 Buffer Authorization Certificate Page 3 of 7 B7/ UT1 to Green Mill Run / A; Stream daylighting 0 (square feet) 1763 (square feet) B8/ UT2 to Green Mill Run / A; Culvert installation under roadway 76 (square feet) 0 (square feet) B9/ UT1 and UT2 to Green Mill Run / AUA; Temporary construction access 0 (square feet) 3285 (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)]. 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. Mitigation must be provided for the proposed impacts as specified in the table below. The attached Compensatory Mitigation Responsibility Transfer Form shall be completed and provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form from the Division prior to conducting any impacts. [15A NCAC 02B .0295; 15A NCAC 02B .0267(13).0614(11)] Compensatory Mitigation Required River and Sub-basin Number Tam- Pamlico Buffer 5825 square feet (credits) Tar-Pamlico / 03020103 2. 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. North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Greenbriar Drive Drainage and Streambank Stabilization DWR# 20231052 v1 Buffer Authorization Certificate Page 4 of 7 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 .0734(11) (ee),] 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. 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 150B-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. This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR#20231052 v1 expires. North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 Greenbriar Drive Drainage and Streambank Stabilization DWR# 20231052 v1 Buffer Authorization Certificate Page 5 of 7 This letter completes the Division’s review under the Tar-Pamlico Riparian Buffer Rules as described in 15A NCAC 02B.0734. Please contact Paul Nyarko at 252-948-3845 or paul.nyarkol@deq.nc.gov if you have any questions or concerns. Sincerely, Roberts Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Keven Arrance, karrance@hazenandsawyer.com Billy Standridge, USACE, billy.w.standridge@usace.army.mil Laserfiche. Greene Environmental Services, LLC 963 HWY 258 SOUTH SNOW HILL, NC 28580 OFFICE: (252)747-8200 FAX: (252) 747-9255 Footer Statement of Availability October 12, 2023 Lisa Kirby 1500 Beatty St Greenville, NC 27834 RE: Availability of Riparian Buffer Credits for the Project Greenbriar Drive Drainage and Streambank Stabilization Bank MBI/UMBI Name: Baldwin Swamp Bank Site: Tar-Pamlico River Basin Bank Sponsor: Greene Environmental, LLC Bank Site DWR Project #: 2017-0833v2 Riparian Buffer Credits Needed: 5825 ft2 Riparian Buffer Credits Available: 55,394.25 Bank’s Credit Service Area: Baldwin Swamp Bank HUC 03020103 Dear Lisa Kirby: Greene Environmental, LLC has the above-mentioned Riparian Buffer Credits from the Baldwin Swamp Bank to satisfy the anticipated buffer mitigation requirements related to the above-mentioned project. The project is located within the service area HUC 03020103 that this Bank is allowed to provide riparian buffer credits for buffer mitigation requirements. This letter is simply a statement of availability of credits as of the date written. We have the inventory as shown above; however, this letter is not a guarantee of availability as credits will be sold on a first come, first serve basis. An invoice for this transaction will be sent upon your request and we will formally reserve both the credits and price quoted for a period of 30-days from the invoice. Final transfer of the credits will be made upon receipt of a copy of the 401 Water Quality Certification and/or Buffer Authorization Certificate from the NC Department of Environmental Quality-Division of Water Resources approving the Riparian Buffer mitigation purchase from the Bank and upon receipt of your payment to Greene Environmental, LLC. We will then issue a mitigation credit transfer certificate verifying your buffer credit purchase to the North Carolina Division of Water Resources and to you for your records. We appreciate the opportunity to assist you with your buffer mitigation requirements. Please contact Jeff Becker at (919) 215-3899. Sincerely, Bobby Ham, Owner HS o° ' MR . S wo z so £ gw g $ a® $ z Z _ Uo r 8 wf u 04 Z z w0 0 OF m it wi Z } Y' Z if m z Q Zww Z ff wW Of 0 ZO 9M C I 3H S - - - I w d UO n Z ° NN i z a 10/27 23 20231052 v1 9 P- 2 65 v 49 5 t ; 12 , o 11 H av H IA I H, WIR . S ch i o a P 6 w RA F- 0 Z zz 0w 10/27 23 20231052 v1 eo' Impact B7 - Temporary Impact B9 - Temporary Daylighting Stream and Construction Access for Planting Buffer (u -A) Streambank Stabilization and Zone 1: 3,878 SF; Zone 2: 1,763 SF Removal of Existing Pipe (u, dd -AUA) Zone 1: 15,138 SF; Zone 2: 3,285 SF r .r, , i^ Impact B1 - Permanent Road Improvements (x -AMA) 4 • ) R -14 Zone 1: 1,341 SF; Zone 2: 1,201 SF Impact B2 - Temporary Maintenance of Existing Use Zone 1: 5,339 SF; Zone 2: 150 SF 1 Impact B3 ,!!' Impact B8 - Permanent Permanent y e?', + Culvert Installation and Remove Road (u- A) s.`'% ;•` ' ' : Riprap Replacement (y.i. -A) y•. Zone 1: 789 SF; Zone 2: 76 SF RestoreGrass (u -A) .7 Zone 1: 1,860 SF ' Impact B6 - Temporary Bank Stabilization (dd -AUA) ` i Zone 1: 18 SF 1. 41 w Impact B5 -Temporary " *;• Bank Stabilization (dd -AUA) p ~ Zone 1: 166 SF °j V s Legend f, x O Project Limits Waters of the US Buffer Impacts Impact B4 -Permanent Zone 1, Permanent Streambank Stabilization (dd -AUA) Zone 1, Temporary Zone1: 220 SF Zone 2, Permanent r Zone 2, Temporary Proposed Impacts to N 0 50 100 cl Riparian Buffers W E Feet ,,, Hazen Greenbriar Drive Drainage Greenville - and Streambank Stabilization 1 inch = 100feet NORTH CAROLINR Greenville, NC 10/27 23 20231052 v1 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM October 27, 2023 Permittee: City of Greenville DWR Project # 20231052 v1 Project Name: Greenbriar Drive and Streambank Stabilization County: Pitt The Division has received a Statement of Availability (SOA) from Greene Environmental LLC for the Baldwin Swamp (Mitigation Provider) to satisfy the mitigation requirements set forth in the Buffer Authorization Certificate issued to Greenville, dated October 27, 2023, as provided in the table below. Compensatory Mitigation Required River and Sub-basin Number Tar- Pamlico Buffer 5825 square feet (credits) Tar-Pamlico / 03020103-digit HUC The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the Mitigation Provider has signed this form, it is the Permittee’s responsibility to ensure that a signed copy of this form and the mitigation transfer certificate is submitted to the Division before conducting any of the authorized impacts. The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been released and are available at the identified bank site(s). By signing below, the Mitigation Provider is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no more than 25 percent of the total mitigation required by Division can be met through preservation. (15A NCAC 02H. 0295). Signature Authority Name (print): ________________________________________________________ Signature: ____________________________________________ Date: ________________________ North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 County: DWR Project No: 20231052 v1 Pitt Applicant: City of Greenville Project Name: Greenbriar Drive Drainage and Streambank Stabilization 401 Water Quality Certification Issued Date: October 27, 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: