20120049 Ver 1_Approval Letter_20120227

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 27, 2012
DWQ Project # 12 -0049
Craven County
Robert Van Kirk
409 Neuse Harbor Blvd
New Bern NC 28560
Subject Property: 409 Neuse Harbor Blvd, Neuse Harbor S/D
Neuse River
Approval of 401 Water Quality Certification (GC3641) and Authorization Certificate per
the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Van Kirk:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any
conditions listed below, to impact no areas within Zone 1 and place a retaining wall
within Zone 2 of the protected riparian buffers for the purpose of constructing a
shoreline stabilization consisting of two bulkheads and a rip -rap revetment along with
grading and re- vegetation in Zone 2 at the subject property as described within your
CAMA Major application dated January 5, 2012and received by the N.C. Division of
Water Quality (DWQ) on January 19, 2012. You also have our authorization to place a
rip -rap revetment 110' long and 26' waterward of Normal Water Line and place a pier
and platform in the waters of the Neuse River. 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. This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In
addition, you should get or otherwise comply with any other federal, state and local
requirements before you go ahead with your project including (but not limited to)
erosion and sediment control regulations and CAMA. 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 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
North Carolina Division of Water Quality Internet: www.newaterqualiiy.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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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:
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 .0233(5).
3. Re- Vegetation
Any disturbed areas should be stablized within 14 days with ground cover sufficient
to retain sediment on hillside and prevent sediment from entering the waters of the
Neuse River
4. 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 .0233. If you have any questions, please telephone Amy Adams of the
Amount Approved
Units
Plan Location or
Reference
Stream
feet
404 /CAMA
Wetlands
(acres)
Waters
0.06 acres
CAMA Major Applicati on
Buffers
166 (square ft.) Zone 2
Plat with CAMA Major
App
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 .0233(5).
3. Re- Vegetation
Any disturbed areas should be stablized within 14 days with ground cover sufficient
to retain sediment on hillside and prevent sediment from entering the waters of the
Neuse River
4. 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 .0233. If you have any questions, please telephone Amy Adams of the

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Washington Regional Office at 252 - 948 -3917 or Amy Chapman of the 401
Oversight /Express Unit at 919 - 807 -6400.
S'ncerely,
Char es Wa '
Enclosures: Certificate of Completion
cc: DWQ Webscape Unit
DCM, Doug Huggett, Major Permits Coordinator, Morehead Office
File copy
Filename: 12- 0049_Va nKirk_3641 _Approv /aa