20071993 Ver 1_Approval Letter_20080115

~pF `NATE,gQ Michael F. Easley, Governor
~.' G William G. Ross Jr., Secretary
{~r~~ ~ North Carolina Department of Environment and Natural Resources
~ ` -i
p ~ Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
January 15, 2008
DWQ Project # 07-1993
Beaufort County
Jeffery Mathis
PO Box 3705
Greenville
Subject Property: 78 Oland Drive, Ravenwood Estates, Belhaven, NC
Tar-Pamlico Basin, Pungo Creek, 030407, 29-34-35, NSW, SC
Approval of 401 Water Quality Certification (GC3642) and Authorization Certificate per the Tar-
Pamlico River Buffer P. °atection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Mathis:
You have our approval, in accordance with the attached conditions, to impact 0.028 acres of waters to
construct a 50'x 21'boat basin in highground adjacent to a manmade canal, construct a 14' x 16' boat
ramp, and construct a pile supported pier waterward of the NWL along a manmade canal as described in
your application received by the Division of Water Quality (DWQ) 401 OversightBxpress Review
Permitting Unit on November 28, 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:
1. Impacts Approved.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
'111 _i_ ___ ~ /L .

Applicant
Page 2 of 3
Date
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Is..dlated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream na (feet) na
404/CAMA Wetlands na (acres) na
Waters 0.028 (acres) Plat rovided with a lication
Buffers na (square ft.) na
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 Certifica'aYOn
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 boat basin 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. Buffer Establishment around Basins
New boat basins (such as the one you are proposing to construct) are considered by the DWQ as a
modification of the existing shoreline. As such, a 50-foot buffer that meets the requirements of Sections
(4) and (5) of 15A NCAC 02B .0259 must be established around the newly created shoreline. You are
required to establish a new buffer around the shoreline of the basin. All associated upland development
(such as parking lots, buildings, etc.) and any new impervious surfaces shall not be located within the
newly established buffer or any existing protected buffers.
6. Buffer Impacts
No fill associated with the dredging of the boat basin may be staged or stockpiled in the 50 foot Tar-
Pamlico Riparian Buffer. Grading of fill material is an "Exempt" use in Zone 2 of the riparian buffer as
long as the fill is graded in a diffuse manor and the area is stabilized with vegetation.
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.

Applicant
Page 3 of 3
Date
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 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.
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 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 OversightlBxpress Unit at 919-715-4631.
Syncerely,
l 1~' ~ _
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3642
cc: Corps of Engineers Washington Field Office
~WQ 401 Oversight/Bxpress Unit
CAMA, Morehead Office
File copy
Central Files
Filename: 07-1993