20150240 Ver 2_Approval Letter_20160513

Water Resources
:NVIRONMENTAL QUALITY
Joy Mosley
48 Norman Road
Blounts Creek, NC 27814
PAT MCCRORY
ce�n.,II,I�
DONALD R. VAN DER VAART
se;�IO13.
S. JAY ZIMMERMAN
May 13, 2016 1"Jed'°`
D W R# 15-0240 V2
Beaufort County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
APPROVAL OF TAR-PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Mosley Private Road
Dear Mrs. Mosley:
You have our approval for the impacts listed below for the purpose described in your application dated
February 19, 2016 and received by the Division of Water Resources (Division) on March 9, 2016 with
subsequent information received on April 16, 2016 and May 3, 2016. 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 certification(s) 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 are met. No other impacts are approved, including
incidental impacts. [[15A NCAC 02B .OS06(b)(c) and 15A NCAC 02B .0259]
Type of Impact
Amount Approved
Amount
Plan location/
(units)
Approved
Reference Attached
Permanent
(units)
Temporary
Stream
S-1 (Culvert
Installation)
40 (linear feet)
0 (linear feet)
Gregg and Joy Mosley
Norman Road Figure
S-2 (Scour Protection)
5 (linear feet)
0 (linearfeet)
Buffer
B-1 (Road Crossing)
2,400 (square feet)
0 (square feet)
B-1 (Road Crossing)
933 (square feet)
0 (square feet)
State of North Carolina � Environmental Quality I Water Resources -Water Quality Regional Operations -Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

JOY MOSLEY
DWR# 15-0240 V2
401 AND BUFFER APPROVAL
Page 2 of 5
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. [15A NCAC 02B .0507(d)(2)]
3. If any erosion problems are observed in the surface waters downslope of the stormwater
discharge points, then you shall immediately repair and correct the problem and prevent
further damage and sediment discharge to the receiving surface waters. Please be aware that
these repairs may require you to obtain a 404 Permit from the Corps and a 401 Certification
from the Division. [15A NCAC 02H .0506(b)(5)]
4. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3886. [15A NCAC 02B .0507(c)]
5. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 02B .0211 (k). Appropriate sediment and erosion control practices
must be used to meet this standard. [15A NCAC 02B .0211 (k)]
6. The Permittee shall replant the vegetation within temporarily disturbed areas associated
with this project 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 260 trees per acre at maturity. This density can usually be achieved by
planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.)
Restoration of trees/shrubs/forest must be completed by the first subsequent planting
season (November 1 through March 30). Note, if the tree plantings do not survive, they will
need to be replaced such that the density is sufficient to provide 320 trees per acre at
maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0259(6)]
7. Fueling, lubrication and general equipment maintenance should not take place within 50 feet
of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H.0506
(b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]

JOY MOSLEY
DWR# 15-0240 V2
401 AND BUFFER APPROVAL
Page 3 of 5
8. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon
or chemical spill, the permitee/contractor shall immediately contact the Division of Water
Quality, between the hours of 8 am to 5 pm at the Washington Regional Office at
252.946.6481 and after hours and on weekends call [phone]. Management of such
spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f),
and GS 143 Article 21A]
9. Re Opener Clause
Joy Mosley and her authorized agents shall conduct their activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of State
law and federal law. Joy Mosley shall require their contractors (and/or agents) to comply
with all of the terms of this Certification, and shall provide each of their contractors (and/or
agents) a copy of this Certification. A copy of this Certification shall be included in the
construction contract and available on the job site at all times. If DWR determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved
use) or that State or federal law is being violated, or that further conditions are necessary to
assure compliance, DWR may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with
15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify Joy Mosley and
the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503
and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new
or revised conditions shall be provided to DWR in writing, shall be provided to the United
States Army Corps of Engineers for reference in any permit issued pursuant to Section 404
of the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
10. 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. [15A NCAC 02H .0507 (c)]
11. The applicant and/or authorized agent shall provide a completed Certificate of Completion
form to the Division within thirty (30) days of project completion (available at
http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC
02H .0506(b)(5)]
12. Within 60 days of completion of construction, as -built drawings (which can be shown on an
aerial or done as a survey) shall be submitted to both the Division of Water Quality, 401 &
Buffer Permitting Unit, 1617 Mail Service Center, Raleigh NC 27699-1617 and to the
Washington Regional Office. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]

JOY MOSLEY
DWR# 15-0240 V2
401 AND BUFFER APPROVAL
Page 4 of 5
13. This approval and their conditions are final and binding unless contested. [G.S. 143-215.51
14. 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. [15A NCAC 02B .0507(d)(2)]
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 maybe obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office
at [phone] 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).
The petition may be faxed to the OAH at [phone], 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:
Sam H. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and Tar -Pamlico
Buffer Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthony [e-mail] if you
have any questions or concerns.

JOY MOSLEY
DWR# 15-0240 V2
401 AND BUFFER APPROVAL
Page 5 of 5
Sincerely,
R��
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 3886
Certification of Completion
cc: Gary Beecher, USACE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO
Laserfiche
File

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