20080326 Ver 2_Buffer Determination_20121128

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE, Dee Freeman
Governor Director Secretary
November 28, 2012
Tab Premium Built Homes
Mr. Andy Bayliss
2851 Trent Road
New Bern, NC 28562
DWQ Project # 08 -0326 Ver. 2
Craven County
Subject Property: Still Water Harbor S/D
Neuse River Basin, Brice Creek [NEU 10, 27- 101- 40 -(7); NSW, SC,
Sw]
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233)
Authorization Certificate
Dear Mr. Bayliss:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any
conditions listed below, to impact approximately 119,790 ft2 of Zone 1 of the protected
riparian buffers for the purpose of removing invasive vegetation at the subject property.
On November 9, 2012, Roberto Scheller of this Office conducted an on -site visit to
examine vegetation proposed for removal. It was noted that about 90% of riparian buffer
vegetation consisted of invasive and /or exotic species. The species consisted of
Ligustrum Japonicum (Japanese Privet), Ligustrum sinense (Chinese Privet), and
Ligustrum vulgare (Common Privet). The unidentified tree located behind the house
has been identified as Paulownia tomentosa (Princess Tree or Royal Paulownia). In
accordance with 15A NCAC 02B .0233 (6) Table of Uses; Vegetation Management,
Removal of understory nuisance vegetation is an exempt activity and does not require
written authorization; however, it is note that Still Water Harbor Subdivision has been
issued a Notice of Violation for buffer clearing (DWQ NOV- 20080WQ -0050) therefore,
this letter is being issued as a Buffer Authorization. During removal of nuisance
vegetation it will be necessary to avoid or replace plantings that were required under the
Buffer Restoration Plan. Enclosed for your reference are photos and descriptions of the
above noted vegetation. In addition, you should obtain or otherwise comply with any
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarofiina
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Still Water Harbor S/D
Tab Premium Built Homes
Mr. Andy Bayliss
Page 2 of 3
other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non - discharge regulations.
This authorization is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
authorization letter and is thereby responsible for complying with all conditions. This
authorization requires you to follow the conditions listed below.
The Additional Conditions of the Authorization are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions are met. No other impacts are approved including incidental
impacts:
2. 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 2B .0233(5).
3. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion
to the 401 Oversight /Express Review Permitting Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
4. This Authorization is only for the removal of invasive and /or exotic vegetation as
defined within 15A NCAC 213 .0233 (6) Vegetation Management. It is required that
this Office be contacted upon completion of vegetation removal. If plantings that are
part of the Buffer Restoration Plan are incidentally removed or did not survive
transplanting it will be necessary to reestablish buffer plantings to meet the 436 trees
per acre density.
Amount Approved (Units)
Plan Location or Reference
Stream
(feet)
404 /CAMA Wetlands
(acres)
Waters
(acres)
Buffers
119,790 (square ft.)
Zone 1
2. 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 2B .0233(5).
3. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion
to the 401 Oversight /Express Review Permitting Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
4. This Authorization is only for the removal of invasive and /or exotic vegetation as
defined within 15A NCAC 213 .0233 (6) Vegetation Management. It is required that
this Office be contacted upon completion of vegetation removal. If plantings that are
part of the Buffer Restoration Plan are incidentally removed or did not survive
transplanting it will be necessary to reestablish buffer plantings to meet the 436 trees
per acre density.

Still Water Harbor S/D
Tab Premium Built Homes
Mr. Andy Bayliss
Page 3 of 3
Any disputes over determinations regarding this Authorization Certificate (associated
with the approved buffer impacts) shall be referred in writing to the Director for a
decision. The Director's decision is subject to review as provided in Articles 3 and 4 of
G.S. 150B. This Authorization Certificate shall expire five (5) years from the date of this
letter.
This letter completes the review of the "No Practical Alternatives" determination under
15A NCAC 2B .0233. This letter does not authorize any impacts to either Waters of the
United States or Waters of the State. Please contact the US Army Corps of Engineers
(USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either
of these waters. If you have any questions, please telephone Roberto Scheller of the
Washington Regional Office at 252- 948 -3940 or Amy Adams, Surface Water Protection
Section, Regional Supervisor at 252- 948 -3917.
Sincerely, ^/ ^
elcharles Wakild, P.E.
Enclosures: Certificate of Completion
Buffer Rules
cc: DWQ Webscape Unit
File copy