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HomeMy WebLinkAbout20071769 Ver 1_Approval Letter_20071102O~O~ W AT ~9QG _~ r ~_ ~ ~ < John Baldwin Baldwin ~ornes 6708 Green Hollow Court Wake Forest, NC 27857 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7007 0220 00031484 7593 G?-I7G7 October 22, 2007 Subject: CAMA General Permit No. 49417 Catnip Point, Lots 1, 2, & 3; Bath, NC Beaufort County Dear Mr. Baldwin: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Enduonment and Natural Resources Colleen Sullins, Director Division of Water Quality Your project is located within the Tar -Pamlico River Basin and is thereby subject to North Carolina Administrative Code Title 15A NCAC 02B .0259, which describes the regulations for the protection and maintenance of existing riparian buffers. Your Coastal. Area Management Act (CAMA) permit, issued to you by the Division of Coastal Management (DCM), allows for the installation and construction of your project. However, there are buffer regulations for streamside (riverside) buffers and buffers adjacent to coastal wetlands that also apply to your project. The Division of Water Quality (DWQ) administers these buffer regulations. The land disturbance, grading and the removal of vegetation necessary to gain access to construct your shoreline stabilization project must be restored to its original vegetative condition. Because the pre- existing condition of Zone 1 of the riparian buffer for this site was wooded, the site must be replanted with native tree species at stem density of 320 trees per acre, and then left in an undisturbed state. Approximately 12,000 ft2 was disturbed on this site, which equates to 89 trees that must be planted to restore the riparian buffer. Specifically, construction activities must comply with following: • Minimize the removal of woody vegetation • Minimize the extent of the disturbed area • Minimize the time in which the areas remain in a disturbed state (bare ground) • Restore the area of disturbed riparian buffer Construction corridors are allowed for construction but they must be satisfactorily restored Appropriate restoration must be completed by the first subsequent planting season (December 1 through March 1) for woody vegetation The 50-foot buffer zone is required to be undisturbed except for the uses provided in 15A NCAC 02B .0259 (6) North Carolina Division of Water Quality Internet www.ncwaterquality.or~ 943 Washington Square Mall Phone: 252-946-6481 One Washington, NC 27889 FAX 252-946-9215 NorthCarolina An Equal Opportunity/Aifirmatlve Action Employer- 50~° Recycled110°k Post Consumer Paper ~atura!!t~ The following activities without proper authorization from DWQ aze examples of violations of the buffer rules: • Failure to properly restore riparian zone after installation ofwater-dependent structures as described above • Unauthorized clearing of vegetation, including understory vegetation • Installation of impervious surfaces within the buffer (e.g. buildings, decks, pazking lots, etc.) • New piping/routing of stormwater through the buffer such that stormwater is not spread out and diffuse before entering the buffer Violations of these regulations may result in civil penalty assessment of up $25,000 per day per violation. Authorization by the DCM is not a riparian buffer authorization. The purpose of this correspondence is to cleazly communicate to you that you are expected to comply with the riparian buffer rules. If you have any questions regazding these matters please free to contact a member of the Division of Water Quality -Riparian Buffer Program -Washington Regional Office at (252) 946-6481. Sincerely Al Hodge, on Supervisor Surface Water Protection Washington Regional Office cc: File Copy WaRO Central Files 401/Wetlands Unit Central Office -Attn: Amy Chapman Heather Jacobs, Pamlico-Taz River Foundation, P. O. Box 1854, Washington NC 27889 Larry Baldwin, Neuse River Foundation, 220 South Front St., New Bern NC 28560 Byron Midyette, 90 Kirby Crrange Avenue, Bath NC 27808