The URL can be used to link to this page

Home My WebLink About20240395 Ver 2_Approval Letter_20240422 (2)ROY COOPER Governor ELIZABETH S. BISER Secretary RICHAM E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 19, 2024 DWR # 20240395 v2 Pamlico County Matthew Scales 286 China Grove Road Arapahoe, NC 28510 Delivered via email to: mattforsellscalesl@hotmail.com Subject: APPROVAL of Neuse RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL CONDITION. Project: Scales Waterfront Rehab, 286 China Grove Road Arapahoe, NC 28510. Dear Mr. Scales: 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) on April 19, 2024. These impacts are covered by the Neuse 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 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) Amount Approved (units) Permanent Temporary Buffers —Zone 1 Site 1 / Neuse Basin / 90 (square feet) 0 (square feet) Boat Ramp 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 D E Q ,�/ North Carolina Department of Environmental Quality I Division of Water Resources v 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH C of Envl A 919.707.9000 oePemmem m enwronmenml aual� Scales Waterfront Rehab DWR# 20240395 v2 Buffer Authorization Certificate Page 2 of 3 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.0714. 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 Table of Use for each buffer rule (temp roads, temporary s&ec): [15A NCAC 02B [Neuse] .0714(11)(ee), (ff) 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.comor 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 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 Scales Waterfront Rehab DWR# 20240395 v2 Buffer Authorization Certificate Page 3 of 3 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. This Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR# 20240395 v2 expires. This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 0213.0714. Please contact Paul Nyarko at 252-948-3845 or paul.nvarko@deg.nc.gov if you have any questions or concerns. Sincerely, Pow T"" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Jessica Thomas, DCM Josh Pelletier, USACE Washington Regulatory Field Office DWR 401 & Buffer Permitting Branch electronic file Laserfiche 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 919.7�7.9�� oepMeffl or EnHm�menmi o�si� Matthew Sca�es 286 China Clove Rd AFapahoe, C2 28510 Sept 16, 2026 Scale„ V - 40' DFawing # 1 of 2 Revision # 2 0 werimm"j"m WOM � MAL MANAGEMENT COMMISSIC)N DNLqM OF WATER RESOUHGE3 DATE nail a,m..Z4 IDwR Pw„d"0.�2 from mooring ball Property line extension 15 15' property Na th line buffer SLIP 1 14'6" (Depr, s 6 P oposed 4 plling Ict lift (10" pilings) AAuAA RIVUE' A m ile s wI'd e a t this la ation Average water depth A A` at seawall PF'oposed 80'x8' ramp side Lock Existing --- Fefaining wall a� EL Coco d mooring ba(( 100' m end of lock 15' property line buffer Property line extension PF'oposed 4'x8' _xfenfion of p(atfOFM (fofa( Df 12' x 81 Proposed piling boat lift (8'' pilin s) 126 SLIP 2 12'6„ Proposed rep( HPITIent of 6 pilings and-edecking of xisfing 180' dock. WOFk has hPPT1 sf Ffed in previous ,PP Fmit Proposed kayak dock (4'x16') (4'x8' pl fform IQWPF to water with ano her 4'x8' section containing stairs an d upper platf(Drm) 170 Proposed boat ramp 6 / Proposed riprap Existing riprap >Qo aQ000aQo aQoQoaQo aQo An AAaa�AAo°O� Aa�goa A N W L O C o u Riparian boundaries ROY COOPERW Governor ELIZABETH S. BISERSecretary RICHARD E. ROGERS, JR. NORTH CAROLINA Director Environmental Quality DWR Project No: 20240395 v2 County: Pamlico Applicant: Matthew Scales Project Name: Scales Waterfront Rehab 401 Water Quality Certification Issued Date: 04/19/2024 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