20120125 Ver 1_Approval Letter_20120323

Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
• I
Tracey H. Cox
Pam K. Cox
7253 Free Union Church Rd.
Pinetown NC 27865
DWQ Project # 12-0125
Beaufort County
Subject Property-, Tracey Cox Property-The Creek (Whitley Tract)
Jack Creek [TARO T. 29-34-35-4 - SC, NSW]
Approval of 401 Water Quality Cercation (GC3641) and Authorization
Certificate per the Tar-Pamlico River Buffer Protection Rules (15A NCAC 2B.0259)
w ith Addonal Condons
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North Carolina Division of Water Quality Internet: www.ncwaterqtiality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NofthCarohna
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper ;Vk7tUAt7I1ff

Tracey Cox- The Creek
AMA
TO ' Page 2 of 5
get or otherwise comply with any other federal, state and local requirements
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before you go ahead with your project including (but not limited to) erosion anu
sediment control regulations and CAMA. Also.. this approval to proceed with
your proposed impacts • to conduct impacts to waters as depicted in you-[
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application shall expire upon expiration of the 404 or CAMA Permit,
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:
All stormwater conveyance shall be directed and maintained as diffuse flow
at non-erosive velocities through the protected stream buffers such that it will
not re-concentrate before discharging into a stream as identified within 15A
NCAC 2B .0259 (5). If this is not possible, it may be necessary to provide
Amount Approved
Plan Location or
units
Reference
Stream
(feet)
404 Wetlands
0.01 (acres)
Plats included with
CAMA Wetlands
0.01 (acres)
CAMA Major
Application
Waters
0.03 (acres)
Plats included with
CAMA Major
Application
Buffers
1,250 (square ft.)
Plats included with
CA MA Major
Application
All stormwater conveyance shall be directed and maintained as diffuse flow
at non-erosive velocities through the protected stream buffers such that it will
not re-concentrate before discharging into a stream as identified within 15A
NCAC 2B .0259 (5). If this is not possible, it may be necessary to provide

-The CreeK
Page 3 of 5
stormwater facilities that are considered to remove nitrogen(and phosphoru
if in the Tar-Pamlico River Basin). This may require additional approval fro
this Office. I
3. Water Quality Certification
The proposed project must comply with all of the conditions of General
Water Quality Certification (GC) 3641.
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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
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The final, written stormwater management plans (including a signed and
notarized Operation and Maintenance Agreement) must be implemented
and the stormwater management facilities shall be constructed and
operational before any permanent building is occupied at the subject site.
The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the
structural stormwater practices shall be made without written authorization
from the Division • Water Quality.
Where a State Stormwater Permit (in accordance with 15 A NCr-\,
is required, this permit may be considered to meet this condition.
Erosion and sediment control practices must be in full compliance with all
0
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices:
a. Erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with
the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. Design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be
maintained • all construction sites, borrow sites, and waste pile (spoil)

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projects, including contractor -owned or leased borrow pits associated
with the project.
c. Sufficient materials required for stabilization and /or repair of erosion
control measures and stormwater routing and treatment shall be on
site at all times.
7. 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.
8. Certificate of ComrDletion
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.
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. 1506.

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This letter completes the review of the Division of Water Qualify under Sectio
401 of the Clean Water Act and the Tar-Pamlico riparian buffer protection rul
as described within 15A NCAC 2B .0259. If you have any questions, pleas
telephone Amy Adams of the Washington Regional Office at 252-948-3917 31
Ian McMillan of the Wetlands, Buffers, and Permitting Unit at 919-807-6364
IncE ncE
For Chai
Enclosures: Certificate of Completior
GC 3641
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/ Express Unit
DCM, Doug Huggett, Morehead Office
D Moye, Washington District Office
DLR, Pat McClain, Washington Regional Offict
File copy
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