20071623 Ver 1_Approval Letter_20071207

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 7, 2007
Marvin W. Carden
8313 Stafford Mill Road
Oak Ridge, NC 27310
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 07-1623
Beaufort County
Subject Property: Lot # 49 Dowery Creek Road
Tar-Pamlico Basin, Pungo River, 030307, 29-34-(12), NSW, SB
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. Carden:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.12 acres of waters to facilitate development of a single family lot as described in your
application received in full by the Division of Water Quality (DWQ) 401 Oversight/Express Review
Permitting Unit on November 9, 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 1501inear 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:
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:
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthC ya+ro/l/ina
An Equal OpportunitylAfrirmative Action Employer - 50% Recycled/10% Post Consumer Paper ~~~~L ~L(~I~

Applicant
Page 2 of 3 r
Date
Amount A roved Units Plan Location or Reference
Stream na feet na
404/CAMA Wetlands 0.12 acres Plat rovided 11/9/07
Waters na acres na
Buffers Fill associated with
streambank stabilization
and exem ted uses onl . Plat provided 11/9/07
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 Oversight/Express 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. Buffer Replanting
Replanting of vegetation within disturbed areas located within 30 feet of the shoreline or coastal wetland
(whichever is more landward) associated with streambank stabilization installation, repair, replacement
and/or maintenance must be done in an "in kind" manner immediately following construction.
(Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed
areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation.
Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at
least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at
maturity. This density can usually be achieved by planting approximately 436 (10 x 10 spacing) to 681
(8 x 8 spacing) trees per acre.)
5. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed 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 Ofrice.
6. Grading and Revegetation within Zone 2
The plans provided along with the application depict grading activities within Zone 2 of the protected
buffer. This activity is designated as "exempt" under the Buffer Rule provided that fill is not placed in
Zone 1, diffuse flow is maintained as per the Buffer Rule, the disturbed areas are stabilized and
revegetated, and the health of the existing vegetation in Zone 1 is not compromised.
7. 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

Applicant
Page 3 of 3
Date
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 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final 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 Ho ge upervi o
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: 07-1623