20071669 Ver 1_Approval Letter_20080214

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 14, 2008
Inner Banks Development, LLC.
Zane Buckman
416 Riverside Drive
Washington, NC 27889
Subject Property: River View Estates
Pamlico River, 030307, 29-(1), NSW, SB
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 07-1669
Beaufort 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. Buckman:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.81 acres of waters, 0.092 acres of wetlands, and 2875 acres of Tar-Pamlico Riparian
Buffer to dredge and construct a 10 slip docking facility as described in your application received by the
Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on October 2, 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 (USACE). 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 CA1d1A 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] lr hCarolina
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Buckman
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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 Approved (Units) Plan Location or Reference
Stream na feet na
404/LAMA Wetlands 0.092 (acres) Revised plat from Quible 1/1/08
Waters 0.81 acres Revised plat from Quible 1/1/08
Buffers 2875 (square ft.) Pier/Dock access, Plat Provided
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. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project.
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 Office.
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.
7. Written Stormwater Management Plan
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) must be implemented and the stormwater management facilities shall be
constructed and operational before any permanent building is occupied at the subject site. The
structural stormwater practices as approved by this Office as well as drainage patterns must be
Buckman
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maintained in perpetuity. No changes to the structural stormwater practices shall be made without
written authorization from the Division of Water Quality.
Where a State Stormwater Permit (in accordance with 15 A NCAC 2H .1000) is required, this permit
may be considered to meet this condition
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.
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. 15013.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. 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 Hodge upervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3 642
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
File copy
CAMA Morehead, Doug Huggett
Filename: 07-1669