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Home My WebLink About20121108 Ver 1_Approval Letter_20130108�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary January 8, 2013 DWQ Project # 12 -1108 Beaufort County Tony R Carrow 202 Carrow Lane Chocowinity NC 27817 Subject Property: 264 Driftwood Drive, Crystal Beach S/D Pamlico River [TAR07 29 -(5); NSW, SB] Approval of 401 Water Quality Certification (GC3900) and Authorization Certificate per the Tar - Pamlico River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions Dear Mr. Carrow: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.04 acres of waters from shading and 2,080 square feet (ft) of protected riparian buffers for the purpose of constructing a peir with platform, two groins and a retaining wall at the subject property, as described within your CAMA Major application dated November 7, 2012 and received by the N.C. Division of Water Quality (DWQ) on December 6, 2012. The impacts described in your application are covered by General Water Quality Certification Number(s) 3900 (GC3900). 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. 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. 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 North Carolina Division of Water Quality Internet: www ncwaterquali .or� 943 Washington Square Mall Phone: 252- 946 -6481 one Washington, NC 27889 FAX 252- 946 -9215 NorthCarolliina An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper Aah(rallb, Page 2 of 3 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. The Additional Conditions of the 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. Buffer Replanting Replanting of vegetation within disturbed areas located within 30 feet of the shoreline or coastal wetland (whichever is more landward) associated with bulkhead and retaining wall installation, repair, replacement and /or maintenance must be done in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre- existing grassed lawns must be replanted with grass. Disturbed areas with pre- existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) 4. Diffuse Flow Requirement 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) 5. 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 Amount Approved (Units) Plan Location or Reference Stream (feet) 404 /CAMA Wetlands (acres) Waters 0.04 (acres) CAMA Major Application Buffers 1560 (square ft.) Zone 1 520 (square ft.) Zone 2 Drawings in CAMA Major Application 2. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3900. 3. Buffer Replanting Replanting of vegetation within disturbed areas located within 30 feet of the shoreline or coastal wetland (whichever is more landward) associated with bulkhead and retaining wall installation, repair, replacement and /or maintenance must be done in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre- existing grassed lawns must be replanted with grass. Disturbed areas with pre- existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) 4. Diffuse Flow Requirement 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) 5. 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 Page 3 of 3 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. 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 Roberto Scheller of the Washington Regional Office at 252 -946- 6481 or Karen Higgins of the 401 Oversight /Express Unit at 919 - 807 -6360. Sincerely, For Charles Wakild, P.E. Enclosures: Certificate of Completion GC 3900 cc: Corps of Engineers Washington Field Office DWQ401 Oversight /Express Unit DCM, Doug Huggett, Morehead Office DCM, David Moye, Washington Regional Office File copy Filena me: 12- 1108_Carrow_3900_Approva 1 /aa