20061186 Ver 2_Approval Letter_20070525

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Niched F. Easley, Governor
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William G. Ross h., Secretary
North Carolina Department of Fsvirnameru and Natural Resources
May 25, 2007
Winfield Estates, LLC
Attn: Ross Beebe
240 West Craven Street
New Bern, NC 28560
Subject Property:
Alan W. Klimdc, P.E. Director
Division ofa~ster Qualin•
DWQ Project ~ 06-1186
Beaufort County
Winfield Estates
Taz-Pamlico Basin, Pungo Creek, 030307, 29-34-36, SC, I`TSW
Approval of 401 Water Quality Certification (GC3642) with Additional Conditions
Dear Mr. Beebe:
You have our approval, in accordance with the attached conditions, to place fill material v~•ithin or
otherwise impact 0.29 i acres of waters and 0.037 acres of the Tar-Pamlico Riparian Buffer to construct a
residential subdivision with a community boat ramp and 10 slip boating facility as described in tour
application received by the Division of Water Quality (DWQ) 401 OversightlExpress Review Permitting
Unit on November 16, 2006. After reviewing your application, we have determined that the Di~~ision of
Water Quality (DWQ) General Water Qualit<• Certification Number 3642 covers these impacts. This
Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of
Engineers (USAGE). 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 C.AMA. Also, this approval to proceed v~~ith 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. li you change your
project, you must notify us and you may be required to send us a new application. 1i the propem• is sold,
the new owner must be given a copy of this Certification and approval letter and is thereb~~ resaonsibie for
complying with all conditions. If total fills for this project (now or in the future) exc~~d one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described ir. ~_ ~A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the at-iachec
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 specir"ic and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved
including incidental impacts:
North Carolina Division of Water Qualin~ L~teme;: h2o.enr.State.nc.uS
443 3~~ashingon Square 1~2a1i ?heae- 252-946-648i
Washineton, NC 27889 F:,a 252-946-9215
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Amount A owed (Units Plan Location or Reference
Stream na feet ; na
404/CAM_A Wetlands 0.294 acres) Piat CO
Waters 0.003 acres boat ram c Plat CO
Buffers 916 (square fr.) Zone 1
698 (s uare 8. Zone 2 I Plat CO
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Qualit}~ Certification or appucable
Buffer Rules, and any subsequent modifications, the applicant L required to return the attached
certificate of completion to the 401 OversightlExpress Review Permitting Unit North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1660.
3. Water Quality Certification
The proposed project must comply ~zrith all of the conditions of General R"ater Qualitz~ Ce-tification
(GC) 3642.
4. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive ~-elocities t'nrou~h the protected sSeam
buffers and will not re-concentrate before discharging into the stream as identified ~-i-~hin 15A NCAC
2B .0269(6)
In an effort to comply with the diffuse flow provision of the Buffer Rule (? 6A NCAC 02B .0269(6)),
you have provided the DWQ with level spreader designs dated April 6.2007. The DWQ believes that
if implemented, as per these plans, diffuse flow will be achieved. However, if diffuse flow- as per
15A NCAC 02B .0269(5) is not achieved, then the DR'Q shall b` notified and corrective actions to
restore diffuse flow shall be taken ilr necessary to impede the formation of erosion gullies. At no time
shall stormwater from the proposed development be piped directl~~ through the buffer without prior
DWQ written authorization. -
The structural stormwater practices as approved by this Office z well as d-a;naQe patzerns must be
maintained in perpetuit}~. No changes to the structural stormwater practices shall be made without
written authorization from the Division of Water Qualit}~. Stogywater easements shill be recorded
for a distance of at least 10 feet on each side of all stormwater convez•ances on all to?~ containing
these structures including future access for maintenance. The sto:m~z~ater easements shall allow for
the ability to maintain the structures. perform corrective actions as described above and shall provide
protection of the structures from potential alternations by future propem~ owner.
• An Operation & Maintenance (OB.M) agreement signed by the cturent landowner must be approved
by the DWQ. This O&M agreement must transfer with the sale of the land or transfer of
responsibility for the stormwater facilities and the DWQ mwt be notified of eve-}' ti ansfe:.
~. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of anj• kind shall occur in wetlanas, waters; or riparian areas beyond the
footprint of the impacts depicted in-the Pre-construction Notifica~on. All construction activities.
including the design, installation, operation, and maintenance of sediment and erosion conn•ol Best
Management Practices, shall be pe-=~rmed sc that no ti-iolatiors ~ st.:.te water c:;alitl Stan; ards.
statutes, or rules occur.

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- ~ 6. Deed Notifications
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Deed not cations or similar mechanisms shall be placed on all retained jurisdictional wetlanas,
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 andlor
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http;//h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notif cation may be modified as
appropriate to stiit.to this project.
7. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts v~~ith a diameter greater than 48 inches; and ^ 0
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow- loin floe
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a maruier that may result in dis-
equilibrium of wetlands or streambeds or bank, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be maintained it
requested in writing by DVi'Q.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques must
be used where practicable instead of rip rap or other bank hardening methods. If riprap is necessar~~, it
shall not be placed in the stream bed, unless specifically approved by the Division of Water Qualit}-.
Installation of culverts in ~;~etlands must ensure continuit<~ of water movement and be designed
to adequately accommodate high eater or flood conditions.
Violations of any condition herein set forth may result in revocation of this Cerrification and may' result in
criminal and/or civil penalties. The authorization to proceed with your proposed impa;,ts 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 CANL~, 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 1~OB o:
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Sen~ice 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 azth the approvev
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. 1 SOB.
This letter completes the revie« of the Division or Vti'ater Quality under Section -^. O l o' :.he Ciewr: ~t~~a-e-
Act and the Tar-Pamlico riparian buffer protection. rule as described within 1 ~A ?~ CAC 2B .02~ 9. If ~~c::

Ap~lican:
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Date
have any questions, please telephone Kyle Barnes of the Washington Regional Office at 252-948-3917 or
Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Sincerely,
L ~--
Al odge/ uperv sor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
DWQ 401 OversightBxpress Unit
CAMA, Morehead Office
File copy
Central Files
Filename: 06-1186 vs 2