HomeMy WebLinkAbout20240406 Ver 1_Approval Letter_20240423ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 22, 2024
DWR # 20240406 v2
Pamlico County
Forest H. Williams
552 Rowe Road
Aurora, NC 27806
Delivered via email to: cham.trowellPtrilliumnc.org
Subject: APPROVAL of Neuse RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL
CONDITION.
Project: Williams Basin Excavation Bulkhead and Duck Construction
20240406 v2, 401 Spencer Street Bayboro, NC 28515.
Dear Mr. Williams:
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 22, 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 /
540 (square feet)
80 (square feet)
Bulkhead and Dock
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
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
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Williams Basin Excavation Bulkhead and Dock Construction
DWR# 20240406 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 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, that 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
Williams Basin Excavation Bulkhead and Dock Construction
DWR# 20240406 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# 20240406 v2 expires.
This letter completes the Division's review under the Neuse Riparian Buffer Rules 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
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�
ROY COOPERW
Governor
ELIZABETH S. BISERSecretary
RICHARD E. ROGERS, JR. NORTH CAROLINA
Director Environmental Quality
DWR Project No: 20240406v2 County: Pamlico
Applicant: Forest Williams
Project Name: Williams Basin Excavation, Bulkhead and Dock Construction
401 Water Quality Certification Issued Date: 04/22/2024
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
Williams Basin Excavation, Bulkhead and Dock Construction
Plan View
Scale: 1 " = 30'
Date: February 3, 2024
Sheet 2 of 4
0 15 30 Feet