20071849 Ver 1_Approval Letter_20071207

~QF W A T<c90 Michael F. Easley, Governor
\Q G William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
~ .~
p .~ Coleen H. Sullins, Director
Division of Water Quality
+' Chuck Wakild, P.E., Deputy Director
Division of Water Quality
December 7, 2007
Darren T. Burrus
PO Box 642
Buxton, NC 27920
Subject Property: Burrus Island, Ocracoke, NC
Pamlico Sound, 030308, 29-(40.5), SA, HQW
DWQ Project # 07-1849
Hyde County
Approval of 401 Water Quality Certification (GC3642) and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Burrus:
You have our approval, in accordance with the attached conditions, to place fill material within or otherwise impact
0.10 acres of CAMA Wetlands by shading to construct a bridge to access an area of highground as described in your
application received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on
October 30, 2007. After reviewing your application, we have determined that the Division of Water Quality (DWQ)
General Water Quality Certification Number 3642 covers these water impacts. This Certification allows you to
General Permit No. 198000291 when issued by the US Army Corps of Engineers (USAGE). This letter shall also
act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0259. 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 CAMA.
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. 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 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:
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:
Amount A roved (iJnits) Plan Location or Reference
Stream na (feet) na
404/CAMA Wetlands 0.10 (acres) Plat rovided with a lication
Waters na (acres) na
Buffers 1800 (square ft.) Zone 1
1200 (s uare ft.) Zone 2 Plat provided with application
North Carolina Division of Water Quality Internet: h2o.enr.state.nC.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OppoRunitylAffirmative Action Employer - 50% Recycled110°~ Post Consumer Paper
NorthCarolina
~atura!!~

Applicant
Page 2 of 3
Date
2. 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 certificate of completion to
the 401 OversightBxpress Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3642
4. Diffuse Flow
All constructed stormwater conveyance outlets shall be duected and maintained as diffuse flow at non-
erosive velocities through the protected stream buffers such that it will not re-concentrate before
discharging into a stream as identified within 15A NCAC 2B .0259 (5). If this is not possible, it may be
necessary to provide stormwater facilities that are considered to remove nitrogen. This may require
additional approval from this Office.
5. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and Maintenance
Agreement) shall be submitted to the DWQ Stormwater Unit at 943 Washington Square Mall, Washington,
NC within 60 days of the issuance of the 401 Water Quality Certification. The stormwater management
plans shall be approved in writing by this Office before the impacts specified in this Certification occur.
You have the option of using the Express Review Program for expedited approval of these plans. If you
propose to use the Express Review Program, remember to include the appropriate fee with the plan. The
stormwater management plan must include plans, specifications, and worksheets for stormwater
management facilities that are appropriate for the surface water classification and designed to remove at
least 85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is
occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational,
and the stormwater management plan (as approved by this Office) shall be implemented. The structural
stormwater practices as approved by this Office as well as drainage patterns must be maintained in
perpetuity. No changes to the structural stormwater practices shall be made without written authorization
from the Division. of Water Quality.
The above condition shall apply unless it is demonstrated in writing to the satisfaction of this Office that
the impervious area of the entire, built-out project shall be less than 30% (25% in SA waters) and that there
are no pockets ofhigh-density development with concentrated impervious area over 30% (25% in SA
waters) area within the project such as, but not limited to, commercial areas, multi-family, clubhouses,
maintenance areas, etc.
6. No Impacts Beyond those in Application
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.
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 I SOB of the North Carolina General Statutes to the

Applicant
Page 3 of 3
Date
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 'This certification and its
conditions are fmal 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 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,
~. .. _
Al odge/Superviso~~
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 Oversight/Express Unit
CAMA, Morehead Office
File copy
Central Files
Filename: 07-1849