20080346 Ver 1_Approval Letter_20080310

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 10, 2008
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 08-0346
Beaufort County
Dr. Robert Bilbro
3206 Sussex Road
Raleigh, NC 27607-6634
Subject Property: Beaufort Bluffs Subdivision, Hwy. 99 northeast of Bath
Tar-Pamlico River
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Mr. Bilbro:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 733 linear feet of shoreline, for bulkhead construction, and
1,212 square feet of public trust waters, from shading, by the construction of a 6 foot wide by
182 foot long pier with a 12` by 16' T-head platform. 3001inear feet of protected riparian buffers
is also proposed to be impacted for the purpose of bulkhead construction and is required to be
restored at the subject property, as described within your application dated February 1, 2008 and
received by the N.C. Division of Water Quality (DWQ) on February 25, 2008. After reviewing
your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3642 (GC3642). This Certification allows you to use the CAMA
Major Permit when the Division of Coastal Management issues it. This written concurrence
from the Division of Water Quality (DWQ) is required for impacts to the Tar-Pamlico Riparian
Buffers and LAMA Major Permit. 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 obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, and Non-discharge regulations. 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.
North Cazolina Division of Water Quality Internet h2o.enr.state.nC,us
943 Washington Squaze Mall Phone: [phone] one
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper ~aturalt~

Beaufort Bluffs Subdivision
Page 2 of 5
March 10, 2008
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:
Amount Approved
(Units) Plan Location or Reference
Stream (feet)
404/CAMA Wetlands (acres
Waters 1.212 (s uare ft.) Pier Shading
Buffers 36,650 (s uare ft.) Landward of Bulkhead
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
No Waste, Spoil, Solids, or Fill of Any Kind
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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters

Beaufort Bluffs Subdivision
Page 3 of 5
March 10, 2008
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project.
5. 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.
6. Buffer Mitigation (On-site Restoration)
You are required to mitigate for impacts to the protected riparian buffers. The required area
of mitigation to compensate for impacts to the protected riparian buffers is 9,000 square feet
as required under this permit and 15A NCAC 2B .0259. The DWQ has determined that you
may satisfy this mitigation requirement by planting at least 2 native woody trees and shrubs
species within the retained portions of the protected buffers. You must ensure their survival
for a period of at least five (5) years. You are required to replace any of these trees or shrubs
that die within this five (5) year period. You are required to provide proof in writing that the
trees have been planted within one year of the date of this letter. The proof of plantings shall
be submitted to the Wetlands/401 Unit and copied to the Washington Regional Office.
7. Buffer Replanting
Replanting of vegetation within disturbed areas located within 30 feet of the shoreline or
coastal wetland (whichever is more landward) associated with bulkhead 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.)
A condition of this Certification is that within 60 days of the issuance of this Certification
you must provide to the Washington Regional Office [Address: DWQ, 943 Washington
Square Mall, Washington, NC 27889, Attention Roberto Scheller] a restoration plan. You
may chose option "a" or "b" below:
a. A planting plan must be developed such that, at least two native hardwood
tree species are planted at a density sufficient to provide 320 trees per acre
at maturity. This density can be achieved by planting approximately 436
(10x10 feet spacing) to 681 (8x8 feet spacing) bare root seedlings per acre.

Beaufort Bluffs Subdivision
Page 4 of 5
March 10, 2008
Your plan must include the types of native woody vegetation selected,
methodology of planting, and site map indicating the location of the
plantings how you plan to stabilize disturbed streamside/lakeside areas.
b. Conversely, you may chose to provide an alternative plan (that must
include native plants, larger plantings, and that results in a thick wooded
vegetative cover within the riparian zone) that is equal to or exceeds the
restoration requirements depicted in Condition Item "a" above. This Plan
must be submitted to Washington Regional Office within 60 days for
Division of Water Quality approval.
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
wetland or stream 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. 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 Roberto Scheller of the Washington
Regional Office at 252-948-3940 or Ian McMillan of the 401 Oversight/Express 1_Tnit at 919-
715-4631.
Sincerely,
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Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3642

Beaufort Bluffs Subdivision
Page 5 of 5
March 10, 2008
cc: Gary MacConnell, MacConnell & Associates, P.C.
Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, David W. Moye
DLR, Washington
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