20110868 Ver 1_Approval Letter_20120413

A742 ..�►
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Charles Wakild, P.E.
Director
April 13, 2012
Dee Freeman
Secretary
DWQ Project # 11 -0868
Pamlico County
Approval of 401 Water Quality Certification and Authorization Certificate per the
Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional
Conditions
Dear Summerwinds Property Owners;
You have our approval, in accordance with the attached conditions and those
listed below, to place fill or otherwise impact approximately 25,000 ft2 of
Zone 1 of the protected riparian buffers for the purpose of constructing a
vertical sheet pile bulkhead at the subject property as described within your
CAMA Major application dated September 9, 2011 and received by the N.C.
Division of Water Quality (DWQ) on September 23, 2011 with additional
information received on October 24, 2011 and March 6, 2012. The impacts
described in your application are covered by General Water Quality
Certification Number(s) 3900 (GC 3900). 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 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.
North Carolina Division of Water Quality Internet: Www.ncrvaterquali"
943 Washington Square Mall Phone: 252 - 946 -6481 one
Washington, NC 27889 FAX [phone] NorthCarofina
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This approval 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 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.
T @t4 n a Certification 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. Water Quality Certification
The proposed project must comply with all of the conditions of General
Water Quality Certification (GC) 3900.
3. 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).
4. 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
Amount Approved
(Units)
Plan Location or
Reference
Stream
(feet)
404 /CAMA
Wetlands
(acres)
Waters
(acres)
Buffers
25,000 (square ft.)
Plan Sheet included in
application
2. Water Quality Certification
The proposed project must comply with all of the conditions of General
Water Quality Certification (GC) 3900.
3. 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).
4. 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

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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 wetland or stream 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 Chaptek" . �
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. 1508.
This letter completes the review of the Division of Water Quality under
Section 401 of the Clean Water Act and the Neuse riparian buffer protection
rule as described within 15A NCAC 28 .0233. If you have any questions,
please telephone Amy Adams of the Washington Regional Office at 252 -948-
3917 or Ian McMillan of the Wetland, Buffer, Stormwater, Compliance and
Permitting (Webscape) Unit at 919 - 807 -6364.
�ince ` ly,
L41
For Charles Wakild, P.E.
Enclosures: Certificate of Completion
GC 3900
Buffer Rules
cc: Tracey Wheeler, Corps of Engineers Washington Field Office
DWQ 401 Oversight /Express Unit
DCM, Doug Huggett, Morehead Office
DCM, Brad Connell
DLR, Pat McClain
File copy
Filename: 11- 0868_Summerwinds_3900_Buffer Approval /aa