20160986 Ver 1_Approval Letter_20170109

NOT A CAMA PERMIT
Environmental
Quality
January 9, 2017
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
JAY ZIMMERMAN
DWR Director
DWR # 2016-0986
Craven County
Jack King
3003 Neuse River Drive
New Bern, NC 28562
Richard Gustafson
3006 Neuse River Drive
New Bern, NC 28562
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Approval of Neuse Riparian Buffer Impacts with Additional Conditions
King and Gustafson Residences - Shoreline Stabilization Project
Dear Messrs. King and Gustafson:
You have our approval for the impacts listed below for the purpose described in your application dated
October 10, 2016 and received by the Division of Water Resources (Division) on October 10, 2016 with
subsequent information received on January 9, 2017. These impacts are covered by the attached Water
Quality General Certification Number 3900, Neuse 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 certification(s) 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
Amount Reduced
Plan location/
(units)
(units)
Reference
Permanent
Temporary
Attached
Open Water
OW-1 (Fill for Bulkhead)
0.06 (acres)
0 (acres)
Sheet 3 of 6
Nothing Compares-,
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. KING AND GUSTAFSON
DWR# 2016-0986
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
Jack King, Richard Gustafson and their 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. Jack King and Richard Gustafson
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, or that 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 Jack
King, Richard Gustafson 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 .0233(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

MR. KING AND GUSTAFSON
DWR# 2016-0986
401 AND BUFFER APPROVAL
Page 4 of 5
with forest vegetation including at least two different native hardwood tree species at a
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 .0233(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 http:/Iportal.ncdenr.ore/web/wo/swp/ws/401/certsandr)ermits/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 150E 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. KING AND GUSTAFSON
DWR# 2016-0986
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 Neuse Buffer
Rules. Please contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if you
have any questions or concerns.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 3900
Certification of Completion
cc: Doug Huggett, DCM Morehead City Office (via email)
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Laserfiche
File
Jason R. Hill, Decks N' Docks Construction, Inc. (via email: [e-mail])

SchUt
Prope y /
Property i
The total length of bulkhead is
ft All of this no property based on horizontal distance
and do ling structures not sloped distance.
2003
— Lower Bulkhead: 290'x10'
r King: 130' linear ft.
�O A 24 �0�` Gustafson: 160' linear ft.
96-011
\C4'0
50' Vinyl Wingback (King)
King Property
'ram
LYr
NWL ,
Gustafson Property
— Upper Vinyl Wall: 310'x6'
King: 150' linear ft.
Gustafson: 160' linear ft.
LATE 1- `+ m 90.1Z
MR Pem* No. 91�
Neuse River
WEMAND/BUFFER
AMROVEID .
NORTH CAROLINA ENVIRONMENTAL.
MANAGEMENT COMMISSION
DPASION OF WATER RESOURCES
Jack & Stacey King/Richard & GWa Gustafson
3004 & 3006 Neuse River Drive - New Bern
Neuse River Drive Project
Top View of j/,�(tyl Bulkhead Placement
Drawing # �" of r—
Date: 7/11 /2016
Scale: 1 " = 40'
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