20140675 Ver 1_Buffer Determination_20140806

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla III
Governor Secretary
August 6, 2014
John & Carol Herman
50 Windy Court
Oriental, NC 27571
DWQ Project # 14 -0675
Pamlico County
Subject Property: Herman Property Located at 50 Windy Court, Oriental (Tax PIN 108- 36 -53)
Neuse River Basin, Smith Creek [NEU 10, 27- 129- 7 -(2); SC, NSW]
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate and Session
Law 2011 -394
Dear Mr. & Mrs. Herman
You have our authorization, in accordance with 15A NCAC 0213.0233 and Session Law 2011 -394 and any
conditions listed below, to impact approximately 1,101 ft2 of Zone 2 of the protected riparian buffers for
the purpose of installing the proposed structure at the subject property as described within your
application dated July 2, 2014. Please note that in accordance with Session. Law 2011 -394 a single - family
residence and its necessary infrastructure must be a minimum 30 feet landward of the normal or high
water level. If the structure is adjacent to coastal marsh the normal water level or high water level is
measured from the coastal marsh. 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.
This authorization is for the, purpose and design that you described in your application. If you change your
project, you must notify us and Vou" m`ay be required to send us a new application. If the property is sold,
the new owner must ":be given a copy of this authorization letter and is thereby responsible for complying
with all conditions. This authorization requires you to follow the conditions listed below.
The Additional Conditions of the Authorization 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:
Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office
943 Washington Square mall, Washington, NC 27889
Phone: [phone] FAX: 252 - 975 -3716
Internet: http: / /portal.ncdenr.org /web /wglws
An Equal Opportunity 1 Affirmative Action Employer

John & Carol Herman
August 6, 2014
Page 2 of 2
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.0233(5).
3. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent modifications,
the applicant is required to return the attached certificate of completion to the 401
Oversight /Express Review Permitting Unit, North Carolina Division of Water Resources, 1650 Mail
Service Center, Raleigh, NC, 27699 -1650.
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 Authorization Certificate shall expire five (5)
years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. This letter does not authorize any impacts to either Waters of the United States or Waters of the
State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Resources (DWR) if
any impacts are proposed to either of these waters. If you have any questions, please telephone Roberto
Scheller of the Washington Regional Office at 252 -948 -3940 if you have any questions regarding or would
like to set up a meeting to discuss this matter.
Enclosures: Certificate of Completion
cc: DWQ 401 Oversight /Express Unit
DLR, WaRO
File copy
Sincerely,
Robert Tanka
Assistant Regional Supervisor
Division of Water Resources
Filename: 14 -0675
Amount Approved (Units)
Plan Location or Reference
Stream
(feet)
404 /CAMA Wetlands
(acres)
Waters
(acres)
Buffers
1,101 (square ft.) Zone 2
Application. Plan Drawings
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.0233(5).
3. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent modifications,
the applicant is required to return the attached certificate of completion to the 401
Oversight /Express Review Permitting Unit, North Carolina Division of Water Resources, 1650 Mail
Service Center, Raleigh, NC, 27699 -1650.
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 Authorization Certificate shall expire five (5)
years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. This letter does not authorize any impacts to either Waters of the United States or Waters of the
State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Resources (DWR) if
any impacts are proposed to either of these waters. If you have any questions, please telephone Roberto
Scheller of the Washington Regional Office at 252 -948 -3940 if you have any questions regarding or would
like to set up a meeting to discuss this matter.
Enclosures: Certificate of Completion
cc: DWQ 401 Oversight /Express Unit
DLR, WaRO
File copy
Sincerely,
Robert Tanka
Assistant Regional Supervisor
Division of Water Resources
Filename: 14 -0675

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
DWR Project" No:
Applicant:
Project Name:
401 Water Quality Certification Issued Date:
County:
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 this certificate to the DWR
401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
if this project was designed by a Certified Professional
1, as a duly registered Professional
Engineer, landscape Architect, Surveyor, etc.} in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
401 & Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwateraualitv.ora
An Equal Opportunity 1 Affirmative Action Employer