20080742 Ver 1_Approval Letter_20080512

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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Randy and Michele McDaniel
CMR 445 Box 519
APO, AE 09046-0519
May 12, 2008
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 2008-0742
Beaufort County
Subject Property: Peninsula Drive, (Lot 11, Peninsula Acres)
Boyd Creek, Tar-Pamlico River Basin (C; NSW; 29-19-5-(1))
AUTHORIZATION of Tar-Pamlico River Buffer Rule (15A NCAC 02B.0259) Authorization
Certificate
Dear Mr. and Mrs. McDaniel:
You have our authorization, in accordance with 15A NCAC 02B .0259 and any conditions listed below,
to impact approximately 180 ft2 of Zone 1 and 120 ft2 of Zone 2 of the protected riparian buffers for the
purpose of constructing the water access corridor at the subject property as described within your
application dated April 25, 2008, and received in full on April 25, 2008. 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, Non-discharge, and CAMA
regulations.
This authorization 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 authorization letter and is thereby responsible for
complying with all conditions. This authorization requires you to follow the conditions listed below.
The Additional Conditions of the Authorization 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
Buffers Zone 1 - 180 ft (square feet)
Zone 2 - 120 ft (square feet) Lot # 11
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into the
stream as identified within 15A NCAC 2B .0233(5).
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Aa4mally
McDaniel
Page 2 of 2
May 12, 2008
3. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
4. Erosion and 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 water 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 Planning and Design 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.
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these boundaries
approved under this authorization shall be clearly marked with orange warning fencing (or similarly high
visibility material) for the aras that have been approved to infringe within the buffer, wetland or water prior to
any land disturbing activities to ensure compliance with 15A NCAC 2B .0259
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 Authorization Certificate shall expire five (5) years from the date of
this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0259. This
letter does not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the
US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to
either of these waters. If you have any questions, please telephone Chris Pullinger of the Washington Regional
Office at [phone] or Amy Chapman of the 401 Oversight/Express Unit at 919-715-6823.
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Al 4og "pe isor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
copy of approved plat
cc: Corps of Engineers Washington Field Office
CAMA, WaRO
DLR, WaRO
DWQ 401 Oversight/Express Unit
DWQ WaRO File copy
Central Files
Filename: 2008-0742