20140244 Ver 1_Approval Letter_20140508

NCDEN
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 8, 2014
Ernest Floyd Foster
220 Loop Road
Belhaven, NC 27810
John E. Skvarla, III
.Secretary
DWR # 14 -0244
Beaufort County
Subject: AUTHORIZATION CERTIFICATE PER THE TAR- PAMLICO RIPARIAN BUFFER PROTECTION
RULES (15A NCAC 02B.0259) WITH ADDITIONAL CONDITIONS
Ernest Floyd Foster Oyster Pond
Dear Mr. Foster:
You have our approval for the impacts listed below for the purpose described in your application dated
March 12, 2014, received by the Division of Water Resources (Division) on March 10, 2014. Please note
that you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply
Watershed regulations. This Authorization Certificate shall expire five (5) years from the date of this
letter.
This approval requires you to comply with the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Buffer Rules are met. No other impacts are approved, including incidental impacts.
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers -Zone 1
61
536 (square feet)
0 (square feet)
Buffers -Zone 2
B1
1,000 (square feet)
0 (square feet)
2. 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).
3. No Waste, Spoil, Solids, or Fill of Any Kind
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] Fax: 252-97"716k Internet: www.ncdenr.gov
An Equal Opportunity \Affirmative Action Employer — Made in part by recycled paper

Ernest Floyd Foster
DWR # 14 -0244
BUFFER APPROVAL
Page 2 of 3
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.
4. This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of the Authorization. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter
and Authorization and is responsible for complying with all conditions.
5. This approval and its conditions are final and binding unless contested.
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, INC 27699 -6714
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, INC 27699 -1601

Ernest Floyd Foster
DWR # 14 -0244
BUFFER APPROVAL
Page 3 of 3
This letter completes the review of the Division under the Tar - Pamlico Riparian Buffer Rules as described in
15A NCAC 02B .0259. Please contact Anthony Scarbraugh at 252- 948 -3924 or
[e-mail] if you have any questions or concerns.
Sincerely,
Robert Tankard, Assistan Regional Supervisor
Water Quality Regional 0 erations Section
Division of Water Resources, NCDENR
cc: File
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
Steve Trowell, DCM WaRO