20080068 Ver 2_Approval Letter_20080718

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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 18, 2008
Mr. Jim Nance
Paradigm Development Group, LLC
Post Office Box 2247
Washington, NC 27889
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 08-0068 we>r.
Beaufort County
Subject Property: 1481 West Second Street (National Spinning Corporation Building)
Kennedy Creek, Tar River
Approval of 401 Water Quality Certification (GC3642) and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Nance:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.10 acres of waters from dredging, 0.020 acres of water impact from fill, 540 square
feet of impacts from shading, and 1,800 square feet of impact to the Tar-Pamlico Riparian Buffer as
described in your application received by the Division of Water Quality (DWQ) 401 Oversight/Express
Review Permitting Unit on June 4, 2008. After reviewing your application, we have determined that the
Division of Water Quality (DWQ) General Water Quality Certification Number 3642 covers these water
impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army
Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 2B .0259. In addition, you should get or
otherwise comply with any other federal, state and local requirements before you go ahead with your
project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval 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 Certification and approval letter and is thereby respon_siL'2 for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre o:`
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Mr. Jim Nance
Page 2 of 3
July 18, 2008
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 0.10 (acres)
0.020 (acres)
0.012 (acres) Dredging Site #1
Fill Site #1
Shading Site #1
Buffers 1,800 (square ft.) I Site #1
2. 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 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.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification
(GC) 3642.
4. Stream Protection Conditions
No live or fresh concrete shall come into contact with waters of the state until the concrete has
hardened;
-OR-
-Pre is used during the construction, a dry work area should be maintained to prevent direct contact
curing concrete and stream water. Water that inadvertently contacts uncured concrete should not
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish
kills.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
bearing.
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 letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
Paradigm Development Group,
Mr. Jim Nance
Page 3 of 3
July 18, 2008
have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252-948-
3940 or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
SincereFor 4ren'y.
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Doug Hugget, Morehead Office
CAMA, Mike Thomas, WaRO
DLR, WaRO
File copy
Central Files
File:08-0068 Ver. 2