20220894 Ver 1_Mitigation Requirements_20240510

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS,JR.
Director
Ronnie and Sharon Roberts
587 Donning Road
Benson, North Carolina 27509
NORTH CAROLINA
EnvironmentalQuality
July 18, 2022
Subject: APPROVAL of TAR-PAMLICO BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS Ronnie Roberts Project
Dear Ronnie and Sharon:
DWR#
20220894v.1
Beaufort County
You have our approval for the impacts listed below for the purpose described in your application dated
May 2, 2022, received by the Division of Water Resources (Division). 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, provided that all of the Conditions listed below, and all of
the conditions of the Tar Pamlico 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
Buffers - Zone 1
Site 1
36 (square feet)
O (square feet)
Buffers - Zone 2
Site 1
600 (square feet)
O (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)]
North Carolina Deparonent of Environmental Quality I Divtston of Water Resources
6P 19 512 North Salisbury Street I 1617 Mail Service Center I Raleigh, North Carohna 27699-1617
919.707.9000

Ronnie Roberts
DWR# 20220894
Buffer Authorization Certificate
Page 2 of 3
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 .07341. 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. No impacts shall occur to Zone 1 of the protected riparian buffers [except for uses and activities
designated as "exempt" within ISA NCAC 028.0734(11) and (8)(a), unless otherwise approved
by the Division.
2. 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. [ISA NCAC 02H .0507(c), 15A NCAC 02H .0506(b)(3),
and .0734[11)(ee), (ff).
3. 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
andjor erosion matting. This ground cover is a temporary measure used to address erosion
until buffer restoration can be accomplished. [15A NCAC 02B .0611(b)(4) / (c)(4), 15A
NCAC 0213.0203, 15A NCAC 02B .0731J,(8) and (9).
4. Mitigation must be provided for the proposed impacts as specified in the table below. Until
the D 1 x o n R o a d Mitigation Bank receives and clears your payment, and 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 the
Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC 02H
.0506 (b)(6)]:
Compensatory Mitigation Required
River & Sub -
basin Number
Buffers
108 (square feet) at 3:1 ratio for 36
03020104
square feet of impact
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
Norfln Carolina Depanuient of Enviromnental Quality I Division of eater Resonuces
512 North Salisbnuy Street I 1617 Mail Service Center I Rllleigh, North Carolina 27699-1617
919.707.9000

Ronnie Roberts
DWR# 20220894
Buffer Authorization Certificate
Page 3 of 3
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 htto://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.S15013-23(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
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded.
This Authorization shall expire five (S) years from the date of this letter
This letter completes the Division's review under the Tar Pamlico Riparian Buffer Rules as described in
ISA NCAC 028 .0734. Please contact Robert Tankard at 252-948-3921 or if
you have any questions or concerns.
Sincerely,
Plow T"
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Washington Regional Office
Electronic cc: Eric Slade, [e-mail]
Emily Thompson, USACE, [e-mail]
Gregg Bodnar, DCM, [e-mail]
North Carolina Department of Environmental Qualtty I Division of Water Resources
512 North Salisbury Street 1 1617 Mail SelVlce Center I Raleigh, North Carolina 276991617
919.707.9000