20081775 Ver 3_Approval Letter_20170502

Water Resources
Environmental Quality
May 2, 2017
Evergreen Horizons, Inc.
Attn: Mr. Larry Bragg
16415 Northcross Drive
Huntersville, NC 28078
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 2008-1775 V3
BEAU FO RT County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Approval of Tar -Pamlico Riparian Buffer Impacts with Additional Conditions
Cypress Shores on the Pamlico (Formerly Shady Shores Subdivision)
Dear Mr. Bragg:
You have our approval for the impacts listed below for the purpose described in your application dated
March 13, 2017 and received by the Division of Water Resources (Division) on March 16, 2017 with
subsequent information received on March 31, 2017 and April 28, 2017. These impacts are covered by
the attached Water Quality General Certification Number 4097, Tar -Pamlico River Riparian Buffer Rules,
and the conditions listed below. This certification is associated with the use of CAMA Major Permit and
General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows
you to use the CAMA Major Permit when the Division of Coastal Management issues it. Please note
that you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B. 0259(8)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Reduced
(units)
Temporary
Plan location/
Reference
Attached
Open Water
OW -1 (Canal Maintenance)
0.04 (acres)
0 (acres)
OW -2 (Boat Ramp Fill)
0.01 (acres)
0 (acres)
Sheet 1 of 2
Buffers -Zone 1
B-1 (Excavation of Boat Basins)
480 (square feet)
0 (square feet)
B-2 (Bulkhead Installation)
0 (square feet)
3,780 (square feet)
Sheet 1 of 2
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

CYPRESS SHORES ON THE PAMLICO
(FORMERLY SHADY SHORES)
DWR# 2008-1775 V3
401 AND BUFFER APPROVAL
Page 2 of 4
2 Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 4097 [15A NCAC 02B 0507(c)]
Continuing Compliance
3 Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B 0220 Tidal Salt Water Quality for
Class SB Waters (3)(g) pH shall be normal for waters in the area, which generally shall
range between 6 8 and 8 5 except that swamp waters may have a pH as low as 4 3 if it is
the result of natural conditions, (1) Turbidity the turbidity in the receiving water shall not
exceed 25 NTU, if turbidity exceeds this level due to natural background conditions, the
existing turbidity level shall not be increased [15A NCAC 02B 0220]
Other Conditions
4 Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained to flow
in a diffuse manner at a non-erosive velocities through the entire protected stream
buffers without re -concentrating If this is not possible it may be necessary to provide
stormwater facilities that are considered to remove nitrogen and phosphorus
Additionally, a stormwater management plan for this project shall provided to this Office
before any impacts approved herein are conducted The plan shall specify all stormwater
discharge points, plan details, and calculations to indicate that diffuse flow through the
protected buffers or nitrogen and phosphorus removal as described above will be
achieved [15A NCAC 02H 0506(b)(5) and 15A NCAC 02B 0259(5)]
5 The Permittee shall replant the vegetation within temporarily disturbed areas 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 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per
acre ) Restoration 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 320
trees per acre at maturity [15A NCAC 02H 0507 (c), 15A NCAC 02H 0506 (b)(3), and 15A
NCAC 02B 0259(6)]
6 The applicant and/or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) days of project completion (available

CYPRESS SHORES ON THE PAMLICO
(FORMERLY SHADY SHORES)
DWR# 2008-1775 V3
401 AND BUFFER APPROVAL
Page 3 of 4
at http://Portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A
NCAC 02H .0506(b)(5)]
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received
in the OAH during normal office hours (Monday through Friday between 8:OOam and 5:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam H. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water and Tar -Pamlico
Buffer Rules. Please contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if
you have any questions or concerns.
Sincerely,
ztj
Robert Tankard, Assists t Regional Supervisor
Water Quality Regional Yperations Section
Division of Water Resources, NCDEQ

CYPRESS SHORES ON THE PAMLICO
(FORMERLY SHADY SHORES)
DWR# 2008-1775 V3
401 AND BUFFER APPROVAL
Page 4 of 4
Enclosures: GC 4097
Certification of Completion
cc: Gregg Bodnar, DCM Morehead City Office (via email)
Kelly Spivey, DCM WaRO
Raleigh Bland, USAGE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO (via email)
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