20140275 Ver 2_Approval Letter_20141002

NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
October 2, 2014
TJ's Land Development, LLC
Attn: Mr. Tobin Tetterton
PO Box 125
Pantego, NC 27860
John E. Skvarla, III
Secretary
DWR # 14 -0275 V. 2
Beaufort County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Approval of Tar - Pamlico River Riparian Buffer Impacts with Additional Conditions
TJ's Land Development, LLC Property - Access Road (After- the -Fact)
Dear Mr. Tetterton:
You have our approval for the impacts listed below for the purpose described in your application dated
September 20, 2014 and received by the Division of Water Resources (Division) on September 24, 2014
with subsequent information received on October 2, 2014. These impacts are covered by the attached
Water Quality General Certification Number 3886, Tar - Pamlico River Riparian Buffer Rules, and the
conditions listed below. This certification is associated with the use of Nationwide Permit Number 14 once
it is issued to you by the U.S. Army Corps of Engineers. 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 approval requires you to follow the conditions listed in the enclosed certifications) or general permit
and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Tar - Pamlico River Buffer Rules are met. No
other impacts are approved, including incidental impacts.
Type of Impact
Amount
Approved (units)
Permanent
Amount Approved
(units)
Temporary
Plan location/
Reference Attached
Stream
PCN Page 4 and
Site Map
Road Crossing
42 (linear feet)
0 (linear feet)
Buffer -Zone 1
PCN Page 5 and
Site Map
Road Crossing
1,200 (square ft.)
0 (square ft.)
Buffers -Zone 2
1
Road Crossing
600 (square ft.)
1 0 (square ft.)
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] Fax: 252 - 975 -37161 Internet: www.ncdenr.gov
An Equal OpporWnily 1 Afrirma dive Action Employer— Made in pan by recycled paper

TJ's Land Development, LLC
Attn: Mr. Tobin Tetterton
DWR# 14 -0275 V. 2
401 and Buffer APPROVAL
Page 2 of 3
2. 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 Certification. 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 General Certification and is responsible for complying
with all conditions.
3. After the Fact Permits
Please be aware that by having impacted streams without first applying for and securing the
issuance of a 401 Water Quality Certification, you have violated Title 15A of the North
Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands, as
described in, 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring
issuance of the State certification or coverage under a general certification required by
Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North
Carolina Division of Water Resources. Pursuant to G.S. 143- 215.6A, these violations and any
future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00
per day for each violation.
4. 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).
5. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650.
6. This approval and its conditions are final and binding unless contested.
These Certifications 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.c6m/ 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).

TJ's Land Development, LLC
Attn: Mr. Tobin Tetterton
DWR# 14 -0275 V. 2
401 and Buffer APPROVAL
Page 3 of 3
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: if sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 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, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water and Tar - Pamlico
Riparian Buffer Rules. Please contact Anthony Scarbraugh at 252- 948 -3924 or
anthony.scarbrauah @ncdenr.eov if you have any questions or concerns.
Sincerely, zzt
/R Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC 3886
Tar - Pamlico River Riparian Buffer Rules
Certification of Completion
cc: Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
Pat McClain, DELMR WaRO (via email)
David Moye, DCM WaRO (via email)
File

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