20110725 Ver 1_Approval Letter_20110816

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins Dee Freeman
Director Secretary
August 16, 2011
DWQ Project # 11-0725
Beaufort County
Greg & Anna Polovick
1794 Old Pamlico Beach Rd East
Belhaven NC 27810
Subject Property: 1794 Old Pamlico.Beach Rd. East
Pamlico River [TAR07 29-(27); SQ, HQW, NSW]
Approval of 401 Water Quality Certification (GC3641) and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 213 .0259) with Additional Conditions
Dear Mr. & Mrs. Polovick:
You have our approval, in accordance with the attached conditions and those listed below,
to place fill within or otherwise impact 12 square feet (ft2)of waters and 144 square feet (ft2) of
Zone 2 of the protected riparian buffers for the purpose of constructing a single pile boatlift
and constructing a roof over an existing deck at the subject property, as described within your
CAMA Major application dated July 29, 2011 and received by the N.C. Division of Water
Quality (DWQ) on August 5, 2011. The impacts described in your application are covered by
General Water Quality Certification Number(s) 3641 (GC3641). This Certification (s) is issued in
conjunction with the 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. 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.
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 responsible for complying with all conditions. If total fills for
this project (now or in the future) exceed one acre of 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.
North Carolina Division of Water Quality Internet: www.newatergualityorg
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarofina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Xitunillff
Page 2 of 3
The Additional Conditions of the Certification are:
1. Impacts Apgroved
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 0.0002 acres CAMA Major Application
Buffers 144 s uare ft.) CAMA Major Application
2. Water Quality Certification.
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3641.
3. Roof Gutters and Diffuse Flow
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 .0259(5)
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B
.0259(5)), DWQ requires gutters be installed on the new porch roofline and downspouts
directed away from surface waters to the maximum extent practicable. The DWQ
believes that if implemented, as per these plans, diffuse flow will be achieved. However, if
diffuse flow as per 15A NCAC 02B .0259(5) is not achieved, then the DWQ shall be notified
and corrective actions to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies. At no time shall stormwater from the proposed development
be piped directly through the buffer without prior DWQ written authorization.
4. 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.
5. 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 .0259), unless otherwise approved by
the DWQ.
Page 3 of 3
6. 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.
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 hearing.
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 have any questions, please telephone Amy Adams of the Washington Regional
Office at 252-948-3917 or Karen Higgins of the 401 Oversight/Express Unit at 919-807-6360.
Kin r I ,
For Colee ! . S&t1i
Enclosures: Certificate of Completion
GC 3641
cc: Corps of Engineers, Tracey Wheeler, Washington Regulatory Field Office
DWQ 401 Oversight/Express Unit
DCM, Doug Huggett, Morehead District Office
DCM, David Moye, Washington District Office
File copy
Filename:l l -0725_Polovick_3641-Approval/aa