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Home My WebLink About20240250 Ver 1_Approval Letter_20240506 (2)DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality May 6, 2024 DWR #20240250 Craven County City of New Bern Attn: George Chiles P.O. Box 1129 New Bern, NC 28563 Delivered via email to: chilesg@newbernnc.gov Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL CONDITIONS Project: Hurricane Florence Repairs, Jack Smith Creek Drainage Basin New Bern, INC 28563 George Chiles: 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) February 14, 2024, and subsequent information on April 17, 2024, May 1, 2024, and May 6, 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 1-16A Neuse River Riparian Buffer of Jack 0 (square feet) 6,131 (square feet) Smith Creek — Site Access and Activity 1-16B Neuse River Riparian Buffer of Jack 0 (square feet) 4,641 (square feet) Smith Creek — Site Access and Activity D � � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mad Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA 919.707.9000 DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF Fiurricane Florence Repairs, Jack Smith Creek Drainage Basin DWR #20240250 Buffer Authorization Certificate Page 2 of 4 1-17 Neuse River Riparian Buffer of Jack 0 (square feet) 1,977 (square feet) Smith Creek — Site Access and Activity 1-20 Neuse River Riparian Buffer of JSC- 0 (square feet) 8,336 (square feet) NWW-3p — Site Access and Activity 1-42B Neuse River Riparian Buffer of JSC- 0 (square feet) 217 (square feet) NWW-6p — Site Access and Activity 1-43 Neuse River Riparian Buffer of JSC- 0 (square feet) 3,015 (square feet) NWW-6p — Site Access and Activity 1-43 Neuse River Riparian Buffer of JSC- 0 (square feet) 1,320 (square feet) NWW-19i — Site Access and Activity Buffers — Zone 2 1-17 Neuse River Riparian Buffer of Jack 0 (square feet) 195 (square feet) Smith Creek — Site Access and Activity 1-20 Neuse River Riparian Buffer of JSC- 0 (square feet) 310 (square feet) NWW-3p — Site Access and Activity 1-42B Neuse River Riparian Buffer of JSC- 0 (square feet) 338 (square feet) NWW-6p — Site Access and Activity 1-43 Neuse River Riparian Buffer of JSC- 0 (square feet) 444 (square feet) NWW-6p — Site Access and Activity 1-43 Neuse River Riparian Buffer of JSC- 0 (square feet) 240 (square feet) NWW-19i — Site Access and Activity 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 Neuse 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 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.) Restoration of trees/shrubs/forest 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 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF Fiurricane Florence Repairs, Jack Smith Creek Drainage Basin DWR #20240250 Buffer Authorization Certificate Page 3 of 4 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. Citation: (15A NCAC 02H .0507(c), 15A NCAC 02H .0506(b)(3), and 15A NCAC 028 .0714(11)(ee), ft)] Immediately post- construction, bare soils must be stabilized as quickly as possible by providing 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. Citation: (15A NCAC 028 .0611(b)(4) / (c)(4), 15A NCAC 028 .0203, 15A NCAC 028 .0714(8) and (9)] 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 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 #20240250 expires. 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 CAROI INA ftp m.mm�m��me�mlo�al� 919.707.9000 DocuSign Envelope ID: CDFC7612-684B-48A3-98A3-B916BB5977FF nufricane Florence Repairs, Jack Smith Creek Drainage Basin DWR #20240250 Buffer Authorization Certificate Page 4 of 4 This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Samantha Wooten at (919) 707-3631 or samantha.wooten@deg.nc.gov if you have any questions or concerns. Sincerely, DocuSigned by: Sf t plA,aa f- &-DSs 755ABFOCD80B428... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Electronic cc: Scott Davis, Axiom Environmental, Inc. (sdavis@axiomenvironmental.org) Allison Keith, Axiom Environmental, Inc. (akeith@axiomenvironmental.org) Anthony Scarbraugh, USACE Craven Regulatory Field Office (anthony.d.scarbraugh@usace.army.mil) Maria Dunn, NCWRC (maria.dunn@ncwildlife.org) DWR 401 & Buffer Permitting Branch Electronic file Filename: 20240250 Hurricane Florence Damage — Craven — Buffer Authorization.docx 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 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei�