20021773 Ver 1_Approval Letter_20021105

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
(3 C Alan W. Klimek, P.E., Director
Division of Water Quality
April 24, 2003
q o "pq DWQ Project No. 02 -1773
County: Beaufort
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Greenville Timberline, LLC 6 f
Attn: Mr. Chip Watkeys
150 East Arlington Blvd.
Suite E 8 '
Greenville, NC 27858 t� Q�?
[phone] [FAX]
Subject Property: Bailey Point Subdivision, Pamlico Beach Rd. (SR1725), Bath, NC
Bailey Creek [03- 03 -07, 29 -28 -6, SC NSW (nutrient sensitive)]
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Tar - Pamlico River
Buffer Protection Rules (15A NCAC 2B.0259) with ADDITIONAL CONDITIONS
Dear Mr. Watkeys:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.449 acres of wetlands, 100 feet of streams and 3,809 square feet (ft) of protected riparian buffers
for the purpose of constructing the roadways at the subject property, as described within your application dated
November 1, 2002 including additional information dated April 21, 2003. After reviewing your application, we have
decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification
Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit 14 when issued by the US Army
Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .0259. 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. Also, this approval will expire when the accompanying 404
permit expires unless otherwise specified in the General Certification.
This approval is only valid 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 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). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. 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).
2. 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 the
401 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604 -2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699 -1650 (Mailing Address)
919 - 733 -1786 (phone), 919 - 733 -6893 (fax), http:/ lh2o.enr.state.nc.us /ncwetiands

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3. Deed Notifications
Several of the lots (e.g., lots 53 & 60) are configured such that only a home of a certain size and in a'specific
location can fit on the lot without requiring additional buffer and /or wetland impacts. Therefore, we are requiring that
deed notifications as described below shall be placed on all lots within the subdivision. The development and any
activities on these lots must comply with the Tar - Pamlico Buffer Rule (15A NCAC 02B .0259) as well as all other
applicable 401 and DWQ regulations. These lots should be developed in a manner to avoid the need for future
variances from the Tar - Pamlico Buffer Rule.;
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms
shall be put in place prior to impacting any wetlands, waters and /or buffers approved for impact under this
Certification Approval and Authorization Certificate.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and /or coastal Area Management Act Permit. 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 Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611 -7447. 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. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar -
Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions, please
telephone John Dorney at 919 -733 -9646 or Bob Zarzecki at 919- 733 -9726.
Sincerely,
Alan W. Klimek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC 3404
Cc: Doug Hylton, Weyerhaeuser Real Estate Co., 800 Potomac Dr., Chocowinity, NC27817
Joseph C. Avolis, Avolis Engineering, P.A., P.O. Box 15564, New Bern, NC 28561 [AE Project No. 99083)
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
DWQ # 02 -1773
Date: April 24, 2003
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