20150676 Ver 2_Approval Letter_20160616

Water Resources
:NVIRONMENTAL QUALITY
Stephen R. Tubaugh
1545 Wares Chapel Lane
Washington, NC 27889
IJiiu[Kil:Zeli•1
rovemor
DONALD R. VAN DER VAART
Secnerary
S. JAY ZIMMERMAN
June 16, 2016 Dwct.'
D W R # 15-0676 V2
Beaufort County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
APPROVAL OF TAR-PAMLICO RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Stephen Tubaugh Property
Dear Mr. Tubaugh:
You have our approval for the impacts listed below for the purpose described in your application dated May
3, 2016 and received by the Division of Water Resources (Division) on May 3, 2016 with subsequent
information received on June 15, 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:
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 .0506(b)(c) and 15A NCAC 02B .0259)
Type of Impact
Amount Approved
Amount
Plan location/
(units)
Approved
Reference Attached
Permanent
(units)
Temporary
Wetland
W-1 (Road Fill)
0.07 (acres)
0 (acres)
Stephen Tubaugh
Farm Crossing
Stream
S-1 (Culvert
30 (linear feet)
0 (linear feet)
Stephen Tubaugh
Installation)
Farm Crossing
State ofNonh Carolina i Environmental Quality l Water Resources -Water Quality Regional operations -Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

STEPHEN R.TUBAUGH
DWR# 15-0676 V2
401 AND BUFFER APPROVAL
Page 2 of 5
Buffer—Zone 1
B-1 (Road Crossing)
1,800 (square feet)
0 (square feet)
Stephen Tubaugh
Farm Crossing
Buffer — Zone 2
B-1 (Road Crossing)
1,200 (square feet)
0 (square feet)
Stephen Tubaugh
Farm Crossing
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. [35A 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)]
S. 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. 115A 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 0213 .0200 (3)(f)]

STEPHEN R.TUBAUGH
DWR# 15-0676 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), ISA NCAC 02B .0200 (3)(f),
and GS 143 Article 21A]
9. Re Opener Clause
Stephen Tubaugh and his 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. Stephen Tubaugh 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 Stephen Tubaugh 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. 115A 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). [35A 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)]

STEPHEN R. TUBAUGH
DWR# 15-0676 V2
401 AND BUFFER APPROVAL
Page 4 of 5
13. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5]
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 may be obtained from the OAH at htto:/Iwww.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 anthonv.scarbrauahCdncdenr.aovifyou
have any questions or concerns.

STEPHEN R.TUBAUGH
DWR# 15-0676 V2
401 AND BUFFER APPROVAL
Page 5 of 5
Sincerely,
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
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APPROVED
NORTH CAROLINA ENVIRONMENTAL
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DIVISION OF WATER RESOURCES
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