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Home My WebLink About20220747 Ver 1_Approval Letter_20220602ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Terri C. Pagliaro and Robin Halsey 433 Union Street Belhaven, North Carolina 27810 NORTH CAROLINA Environmental Quality June 02, 2022 DW R # 2022-0747 v1 Beaufort County Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0734) WITH ADDITIONAL CONDITIONS 433 Union Street, Belhaven NC— Halsey single family residential development Dear Ms. Pagliaro and Ms. Halsey: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on May 24, 2022. 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. This Authorization Certificate shall expire five (5) years from the date of this letter. The following impacts are hereby approved, provided that all of the Conditions listed below, and all the conditions of the Neuse 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 Plan location/ Reference Attached Buffers - Zone 1 Bl — manufactured home 288 ft2 (square feet) 0 ft2 (square feet) Attached drawing Buffers —Zone 2 B1— manufactured home 320 ft2 (square feet) 0 ft2 (square feet) Attached drawing 1. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Buffer Authorization Application. All forestry operations activities shall be performed so that no violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502]. 2. 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 the Authorization. If you change your project, you must notify the Division and you maybe required to submit anew application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and Authorization and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. 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 can 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 360 (11 x 11 spacing) to 538 (9 x 9 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 (6)] 4. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive velocities through the protected stream buffers and will not re -concentrate before discharging into the stream as identified within 15A NCAC 02B .0233(5) or provide treatment via an approved stormwater BMP meeting the nutrient removal requirements established within 15A NCAC 02B .0734(9). For this project, diffuse flow can be accomplished through guttering of all roof drainages and directing their discharge to a point outside the entirety of the riparian buffer. North Carolina Department of Environmental Quality Division of Water Resources Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 NORTH CARouNAD � � 252-946-6481 oepanmem or enmronmenmi uuei� 5. Compensatory Mitigation Using Private Mitigation Bank (Greene Environmental Services) Mitigation must be provided for the proposed impacts as specified in the table below. Before beginning work, you must provide an acceptance letter from an approved private mitigation bank showing that mitigation credits have been secured to meet this mitigation requirement. Until proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation Required River & Sub -basin Number Buffers 864 (square feet) - at 3:1 ratio for 03020104 288 square feet of impact 6. This approval and its conditions are final and binding unless contested. {G.S. 143-215.51 This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division under the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0734. Please contact Chris Pullinger at 252-948-3918 or chris.pullinger@ncdenr.gov if you have any questions or concerns. Sincerely, Ro" Tm, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Terri C. Pagliaro (via e-mail: tcpagliaro(@vahoo.com) Shane Staples, WaRO DCM (via e-mail) Emily Thompson, Washington Regulatory Field Office, USACE (via e-mail) Randall Jones, WaRO DEMLR (via e-mail) DWR Laserfiche North Carolina Department of Environmental Quality Division of Water Resources D E Q�� Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889 rvoaTHcnaouNn 252-946-6481 oe"Mem or enmronmenmi uesi�