20120005 Ver 1_Buffer Determination_20120207

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
February 7, 2012
Daniel and Frances Bailey
131 Gus Lane
New Bern, NC 28562
DWQ Project # 12 -0005
Craven County
Subject Property: 121 Gus Lane
Brice Creek [ NEU10, 27 -101- 4041), C, Sw, NSW]
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [ 15A
NCAC 2B .0233(9)(b)]
Dear Mr. and Mrs. Bailey:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any
conditions listed below, to impact approximately 390 ft2 of Zone 2 (730 ft2 of
the original dwelling and 390 ft2 of new impervious area, including the
removal of impervious cover from 233 ft2 of Zone 1 and 978 ft2 of Zone 2) of
the protected riparian buffers for the purpose of redevelopment of an existing
single - family residence at the subject property as described within your
application dated December 19, 2011. 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 and CAMA regulations.
This authorization is for the purpose and design that you described in your
application. Plans and specifications are incorporated by reference and are an
enforceable part of this permit. 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:
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Page 2 of 3
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:
2. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre -
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control
Best Management Practices, shall be performed so that no violations of
state water quality standards, statutes, or rules occur.
3. No Impacts to Zone 1
No impacts shall occur to Zone 1 of the protected riparian buffers (except
for uses and activities designated as "exempt" within 15A NCAC 02B .0233),
unless otherwise approved by the DWQ.
4. Buffer Replanting
The areas of the previous existing dwelling and /or asphalt within Zones 1
(233 square ft.) and Zone 2 (978 square ft.) are to be established with
vegetated lawn.
5. 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).
6. 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
Amount Approved
Plan Location or
(Units)
Reference
Buffers
390 (square ft.) of
Minor Variance
Zone 2
Application and Plats
2. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre -
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control
Best Management Practices, shall be performed so that no violations of
state water quality standards, statutes, or rules occur.
3. No Impacts to Zone 1
No impacts shall occur to Zone 1 of the protected riparian buffers (except
for uses and activities designated as "exempt" within 15A NCAC 02B .0233),
unless otherwise approved by the DWQ.
4. Buffer Replanting
The areas of the previous existing dwelling and /or asphalt within Zones 1
(233 square ft.) and Zone 2 (978 square ft.) are to be established with
vegetated lawn.
5. 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).
6. 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

Page 3 of 3
the Director for a decision. The Director's decision is subject to review as
provided in Articles 3 and 4 of G.S. 1508. 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 Amy Adams of the Washington
Regional Office at (252) 938 -3917 or Amy Chapman of the 401
Oversight /Express Unit at 919 - 715 -6823.
Sin erely,
Chuck W a k i I ,
Enclosures: Certificate of Completion
Buffer Rules
Approved Plat
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight /Express Unit
DCM, Morehead Office
File copy
Jerry Ryan, Atlantic Survey and Design, P.A.
PO Box 770, New Bern, NC 28563
Filename: 12- 0005_121 Gus Lane_BuffApp /aa

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Dee Freeman
Secretary
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 this certificate to the 401 /Wetlands Unit, North Carolina Division
of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ by the applicant,
the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, ' as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time)
the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date
Registration No.
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N Salisbury St Floor 9 Raleigh North Carolina 27603 One
Phone: 919 - 807 -63011 FAX: 919 - 807 -6494 North Carolina
Internet: www.ncwaterquality.org N� l //�
An Equal Opportunity 1 Affirmative Aclion Employer NatuL

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CERTIFICATE OF SURVEY AND ACCURACY
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Flood Plain Designation
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The Property Shown Does Fall Within The Federal, Flood Insurance Rate Map
One Hundred (100) Year Flood Plain.
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I, Jerry R. Ryan, Certify That This Plot Was Drawn Under My Supervision From An Actual Survey Made
Under My Supervision; That The Deed Descriptions Shown Hereon Were Used In Preparation Of This
Survey, That The Boundaries Not Surveyed Are Shown As Broken Lines; That The Global Positioning
Observations Were Performed To The GeospoVal Positioning Accuracy Standards, Part 2; Standards For
Geodetic Networks At The 0.03 Accuracy Classification (95% confidence) Using NCGS RTK Network And
Total Station; That Areas Are By Coordinate Calculation; That This wrvey Is Of An Existing Parcel Of
Land As Described By Deed(s) And /or Plot(s) Shown Hereon.
Witness My Original Signature And Seat This 31st Day Of January, 2012.
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