20111020 Ver 1_Approval Letter_20111212

Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 12, 2011
Jane K. Griffin
409 Cutting Sage Rd.
Ocracoke NC 27960
DWQ Project # 11 -1020
Hyde County
Subject Property: 34 Fish Camp Lane, Oyster Creek Banks S /D, Ocracoke Island
Pamlico Sound [TAR08 29- (40.5); SA, HQW]
AUTHORIZATION of Tar - Pamlico River Buffer Rule (15A NCAC 02B.0259 and Session
Law 2011 -394) Authorization Certificate
Dear Mrs. Griffin:
You have our authorization, in accordance with 15A NCAC 02B .0259 and any
conditions listed below, to impact approximately 476 ft2 of Zone 2 of the protected
riparian buffers for the purpose of constructing a 28' x 50' pile supported single
family residence within Zone 2 which includes an open - slatted wooden deck 8' x
16' elevated a minimum of 8' from ground level without impervious surface within
Zone 1 at the subject property as described within your CAMA Major application
dated October 24, 201 land received by the N.C. Division of Water Quality (DWQ)
on November 23, 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.
Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit. 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
North Carolina Division of Water Quality Internet: www.newaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarofiina
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Page 2 of 4
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:
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 .0259), unless
otherwise approved by the DWQ.
4. 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).
Amount Approved
Units
Plan Location or
Reference
Stream
(feet)
404 /CAMA
Wetlands
(acres)
Waters
acres
Buffers
476 (square ft.) Zone 2
None -Zone 1
CAMA Major
Application
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 .0259), unless
otherwise approved by the DWQ.
4. 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).

Page 3 of 4
5. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i) (2) (G) and all other State,
Federal and local sewer system regulations.
6. "Re- opener" Clause
Permittee and its authorized agents shall conduct its activities in a manner
consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any
other appropriate requirements of State law and federal law. Permittee shall
require its contractors (and /or agents) to comply with all of the terms of this
Certification, and shall provide each of its contractors (and /or agents) a copy of
this Certification. A copy of this Certification shall be included in the construction
contract and available on the job site at all times. If DWQ determines that such
standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated, or
that further conditions are necessary to assure compliance, DWQ may
reevaluate and modify this certification to include conditions appropriate to
assure compliance with such standards and requirements in accordance with
15A NCAC 2H.0507(d). Before modifying the certification, DWQ shall notify
Permittee and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing
in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Permittee in writing, shall be provided to the United States Army
Corps of Engineers for reference in any permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.
7. 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. 1508. This Authorization Certificate shall expire five (5) years
from the date of this letter.

Page 4 of 4
This letter completes the review of the "No Practical Alternatives" determination
under 15A NCAC 2B .0259 and Session Law 2011 -394. 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-
948 -3917 or Amy Chapman of the Wetlands, Buffers, Stormwater and Compliance
Unit at 919 - 807 -6400.
Enclosures: Certificate of Completion
Buffer Rules
Session Law 2011-394 Fact Sheet
Buffer Clarification Memo 2007 -002 (wooden slatted open decks)
cc: Corps of Engineers, Raleigh Bland, Washington Regulatory Field Office
DWQ Webscape Unit
DCM, Doug Huggett, Major Permits Coordinator, Morehead District Office
DCM, David Moye, District Manager, Washington District Office
DLR, WaRO
File copy
Filename: 11- 1020_Griffin_SL394BuffApp /aa

NOVEMBER 1, 2011

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