20080133 Ver 1_Approval Letter_20080221

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
February 21, 2008
DWQ Project # 08-0133
Pamlico County
Mr. Peter & Bonnie Cap
110 Orchard Point Road
Oriental, NC 28571
Subject Property: Lot #1, 110 Orchard Point Road
Orchard Creek, Neuse River
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate
Dear Mr. & Mrs. Cap:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 180 ft2 of Zone 1 and 120 ft2 of Zone 2 of the protected riparian buffers for the
purpose of constructing a 6-foot wide pier access walkway at the subject property as described within
your application dated January 6, 2008. In addition, you should obtain or otherwise comply with any
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
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream (feet)
404/CAMA Wetlands (acres)
Waters (acres)
Buffers 300 (square ft.) Lot #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).
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] te
Wash
ington, NC 27889 FAX [phone] Cayrro'l/ina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper u alL
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.
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. If you have any questions or would like a copy of the buffer rules, please call Mr. Roberto
Scheller in the Washington Regional Office at [phone]. 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.
incerely,
A Hodge/Sup r
Division of Water Quality
Washington Regional Office
Enclosures: Certificate of Completion
cc: DWQ 401 /Wetlands Express Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 08-0133