20160846 Ver 1_Approval Letter_20161121

Environmental
Quality
Mr. Jeff Akin
11308 Brass Kettle Road
Raleigh, NC 27614
NOT A CAMA PERMIT
November 21, 2016
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
JAY ZIMMERMAN
DWR Director
DWR # 2016-0846
Hyde County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Approval of Tar -Pamlico Riparian Buffer Impacts with Additional Conditions
Jeff Akin Property -4638 Loop Road, Scranton, NC
Dear Mr. Akin:
You have our approval for the impacts listed below for the purpose described in your application dated
July 1, 2016 and received by the Division of Water Resources (Division) on August 19, 2016. These impacts
are covered by the attached Water Quality General Certification Number 3900, Tar -Pamlico River Riparian
Buffer Rules, and the conditions listed below. This certification is associated with the use of CAMA Major
Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues
it. 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 certifications) or general
permit and the following additional conditions:
1. 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. 0233(8)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Reduced
(units)
Temporary
Plan location/
Reference
Attached
Coastal Wetlands
W-1 (Dredged of Upland Basin)
0 (acres) "51 ftZ"
0 (acres)
Sheet 6 of 7
404 Wetlands
W-2 (Fill for Access Road)
0.05 (acres)
0 (acres)
Sheet 6 of 7
Open Water
OW -1 (Fill for Boat Ramp)
0.01 (acres)
0 (acres)
Sheet 6 of 7
OW -2 (Shading for Dock)
0.01 (acres)
0 (acres)
Sheet 6 of 7
Buffers -Zone 1
— rvocmng �.ompares—
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

MR. JEFF AKIN
D W R# 2016-0846
401 AND BUFFER APPROVAL
Page 2 of 5
B-1 (Dredging of Upland Basin)
1,466 (square feet)
0 (square feet)
Sheet 6 of
7/Supplement D
B-2 (Boat Ramp)
410 (square feet)
0 (square feet)
Supplement C
B-4 (Bulkhead)
0 (square feet)
2,569 (square feet)
Supplement C
Buffers -Zone 2
B-1 (Dredging of Upland Basin)
166 (square feet)
0 (square feet)
Sheet 6 of
7/Supplement D
B-3 (Access Road to Boat Ramp)
220 (square feet)
0 (square feet)
Supplement C
B-4 (Bulkhead)
0 (square feet)
25 (square feet)
Supplement C
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. [15A NCAC 02B .0507(d)(2)]
3. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3900. [15A NCAC 02B .0507(c)]
Continuine Compliance
4. 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), 15A NCAC
02B .0200 (3)(f), and GS 143 Article 21A]
5. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for
Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall
range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is
the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not
exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the
existing turbidity level shall not be increased. [15A NCAC 02B .0220]
6. Spills

MR. JEFF AKIN
DWR# 2016-0846
401 AND BUFFER APPROVAL
Page 3 of 5
The permittee shall report to the local DWR Regional Office, within 24 hours, all significant
spills as defined under Section 311 of the Clean Water Act (Ref; 40 CFR 110.10 and CFR
117.21) or section of CERCLA (Ref: 40 CFR 302.4). Additionally, the permittee shall report
spills including: any oil spills of 25 gallons or more and any spill regardless of amount that
causes sheen on surface waters.
Other Conditions
7. Re Opener Clause
Jeff Akin 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. Jeff Akin 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, orthat 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 the Jeff Akin 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.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained to flow
in a diffuse manner at a non-erosive velocities through the entire protected stream
buffers without re -concentrating. If this is not possible it may be necessary to provide
stormwater facilities that are considered to remove nitrogen and phosphorus.
Additionally, a stormwater management plan for this project shall provided to this Office
before any impacts approved herein are conducted. The plan shall specify all stormwater
discharge points, plan details, and calculations to indicate that diffuse flow through the
protected buffers or nitrogen and phosphorus removal as described above will be
achieved. [15A NCAC 02H .0506(b)(5) and 15A NCAC 02B.0259(5)]
9. 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

MR. JEFF AKIN
DWRfi 2016-0846
401 AND BUFFER APPROVAL
Page 4 of 5
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)] '
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. [15A 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 htt[):Hi)ortal.ncdenr.org/web/wo/swp/ws/401/certsandpermits/apply/forms). [15A
NCAC 02H .0506(b)(5)]
12. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 15013 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 http://www.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:

MR. JEFF AKIN
DW R# 2016-0846
401 AND BUFFER APPROVAL
Page 5 of 5
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 and Tar -Pamlico
Buffer Rules. Please contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if
you have any questions or concerns.
Sincerely,
W #!%""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 3900
Certification of Completion
cc: Daniel Govoni, DCM Morehead City Office (via email)
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Laserfiche
File
Laura Stasavich, Land Management Group, Inc. (via email: [e-mail])

"404” Wetland Limit
Legend
„,ViVBD1NCflENP4DWR
N0V 21 PIS
Water Quality Reglonel
operations
Washing ton Regional 0110,
Road Maintenance
Approx 398-Ift
to remain within ex. footprint
CREP Easement Limit
"404 Wetland" Limit
Landward Limit Coastal Marsh
Proposed Bulkhead
Limits of Disturbance
"404" Wetland Limit
CREP Boundary
(approx overlay)
C/L Loop Road
(SR 1145)
APPR0
North Carolina En r ental
Management m fission
)ivision of we esources
Crete I i L I / �0 ._
Permit #'
i CREP Boundary
j��✓r (approx overlay)
Fixed Dock 4'x 32'
— — — — — Property and CREP boundary provided by Billy Leggett (surveyor).
Publicly available data, including aerial and GIS data, overlaid by LMG for CAM.
------- Depths are approximate and were field measured by LMG.
Resource boundaries have been GPS -located by LMG and approved by NCDCI
_... _... _... _ Boundaries are approximate. This is not a survey.
Maintenance Ex. Access Road
Upland Area - 1,885 sqft
Maintenance Ex. Access Road
Wetland Area - 2,084 sqft 0 0 0 0 0
New Road to Ramp Upland Area - 110 sqft
Wetland Impact - 180 sgft
Temporary Upland Disturbance
(bulkhead tie back installation) - 2,533 sgft
Temporary Wetland Disturbance
(bulkhead tie back installation) - 61 sqft
Upland Excavation for Basin
Final Depth -2.4' NLW - 1,632 sqft
Coastal Marsh Excavation for
Basin - 51 sqft
�. mx
O
Road Maintenance 00 0' ®'
Oto remain within
I pt 012/4
ex. road footprint o ,� ® x pt #
0 0-
o a / o
q o eo o 0 ..............
x pt (-2.4' NWL)
pt 2 (-2.4' NWL)
Wetland impact ........'
(180 sqft) ... x #13 (-2.4' NWL)
p #3 (-2.4' NWL)
(-2.4' NWL)
NWL)
Existing, Connecting
Depth at Proposed Basin
-2.4' NWL
Coastal Marsh Impact
51 sqft (fringe width - 5')
x pt (-2.4' NWL)
C�
V�
I permitting only. / 0 25 50 100
list
NUSACE. x pt #5 (-3.0' NWL)
4638 Loop Road, Scranton, Hyde County, NC 7/21/2016
LMG HOOP.,. Mc Jeff Akin (owner/applicant) Scale: Job umber:
Fml.on.... Can .".-,
Title: 1"=50' 01-15-187
3805 Wrightsville Ave., Suite 15 CAMA Major Permit Application
Telephone: [phone] i n mp c eas LES 6 of 7

APPkOVE
North Carolina Environmental IRECENED/NCDENR/DWR
Management Commission Ex. Road in
)lvielon of Water Resource:: Prop. Zone 2
NOV 212016
Ex. Road in Prop. Zone 1 // Water Quality Reglomal
F>ermit# (.' oXq`t-
Operations Section
-�.-. -
/• / Washington Regional Office
Ex. Road in � '--- �
�
Prop. Zone 2 � \ /�
Structures in Riparian Buffer:
–J \ Proposed Basin
Proposed Bulkhead (Water Dependent)
Temporary Disturbance - Bulkhead
Ramp 2,594 scift
New Road to Boat Ram —' Y
(Water Dependent) , ; ' 0 %, • :.: Boat Ram(Water Dependent)
/ 5 : "•' 410 sq.ft.
Temp
`;• Disturbance New Road to Ramp (Water Dependent)
:!.
j ;: r ` Bulkhead 220 sq.ft.
. ; �.'•,. •. , •�,f: .e " (Water Dependent)
p •.r....,, . ..., .
Boat Ramp i. Ex. Road in Proposed Buffer Expansion
`.•
(Water Dependent)�\ \ `` - .•,' .. ;.. , e ,
.
Zone 1 = 420 sq.ft. 0
\
Zone 2 = 556 sq.ft. 0
Temp Disturbance \\\�
Bulkhead (water \\`\ V Legend
Dependent) 44i'�
Landward Limit Coastal Marsh — —
\ Tar -Pam Buffer Zone 1 ----------
\
Prop. Tar -Pam Buffer Tar -Pam Buffer Zone 2 .................
Zone 2 Limit
Prop, Tar -Pam Buffer
Zone 1 Limit
Coastal Wetland
Limit '
15 30 60
Property and CREP boundary provided by Billy Leggett (surveyor). Project: Date: - Revision Date:
Publiclyavailable data, including aerial and GIS data, overlaid b LMG for CAMA permitting only. 11/4/2016
g y p g y LMG 4636 Loop Road, Scranton, HydeCounty, NC 11/21/2016
Depths are approximate and were field measured by LMG. man aeewrauerngocr". Mr. Jeff Akin (owner/applicant) Scale:- Job umber:
Resource boundaries have been GPS -located by LMG and approved by NCDCM/USACE. `"""°""""'""""""""" - 1" = 30' 01.15-167
Title:
Boundaries are approximate. This is not a survey.
PP y 3805WdghtavllleAve.,Suital5 CAMA Major Permit Application Drawn By: Sheet:
Wilmington, North Carolina 28403 Tar -Pam Riparian Buffer Impacts LES Supplement
Telephone: [phone]