HomeMy WebLinkAbout20111041 Ver 1_Approval Letter_20111221NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Clark Family Partnership
H. Wayne Clark, Jr.
Sara M. Clark
PO Box 262
Ocracoke NC 27960 -0262
Coleen H. Sullins
Director
December 21, 2011
Dee Freeman
Secretary
DWQ Project # 11 -1041
Hyde County
Subject Property: 36 Gaskill 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 0213 .0259 & Session
Law 2011 -394) Authorization Certificate
Dear Mr. Clark:
You have our authorization, in accordance with 15A NCAC 02B .0259 and
Session Law 2011-394 and any conditions listed below, to impact approximately
104 ft2 of Zone 2 of the protected riparian buffers for the purpose of
constructing the open wooden deck and associated access steps at the
subject property as described within your application dated November 18, 2011
and received by the Division of Water Quality on November 29, 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. Approved plans and specifications for this project are incorporated
by reference and are enforceable parts of the 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.
North Carolina Division of Water Quality Internet: www.ncwatergLiality.org
943 Washington Square Mall Phone: 252 -946 -6481 One
Washington, NC 27889 FAX 252 -946 -9215 NofthCarofina
An Equal Opportunity /Affirmative Action Employer — 50% Recycled110% Post Consumer Paper ;V49tulpallff
Page 2 of 3
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. 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.0259(5).
3. 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. 150B. 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 .0259 and Session Law 2011-394. This letter does not
authorize any impacts to either Waters of the United States or Waters of the
Amount Approved
(Units)
Plan Location or
Reference
Stream
feet
404 /CAMA
Wetlands
(acres)
Waters
acres
Buffers
0 (square ft.) Zone 1
104 (square ft.) Zone 2
CAMA Major Application
and Plan Sheets
2. 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.0259(5).
3. 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. 150B. 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 .0259 and Session Law 2011-394. This letter does not
authorize any impacts to either Waters of the United States or Waters of the
Page 3 of 3
State. Please contact the US Army Corps of Engineers (USAGE) 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 401 Oversight/ Express
Unit at 919 - 807 -6400.
S` c
For Col(
Enclosures: Certificate of Completion
Buffer Rules
cc: Corps of Engineers Washington Field office
DWQ 401 Oversight/ Express Unit
DCM, Doug Huggett, Major Permits Coordinator, Morehead District office
DCM, David Moye, District Manager, Washington District office
DLR, WaRo
File copy
Rename: 11- 1041_Clark_SL394BuffApp/aa