20080583 Ver 1_Approval Letter_20080718

OF W A!F9 Michael F. Easley, Governor
??? ! QG William G. Ross Jr., Secretary
?- North Carolina Department of Environment and Natural Resources
p --- •? Coleen H. Sullins, Director
_ . ° Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of VVal_?r
July 18, 2008
Alan James
11 Meadow Lane
Brookhaven, NY 11719
DWQ Project # 2008-0583
Beaufort County
Subject Property: 237 Dallas Paul Road Belhaven, NC
UT to Scott's Creek, Tar-Pamlico River Basin (03-03-07, 29-34-35-6, SC; NSW)
AUTHORIZATION of Tar-Pamlico River Buffer Rule (15A NCAC 02B.0259) Authorization
Certificate
Dear Mr. James:
You have our authorization, in accordance with 15A NCAC 02B .0259 and any conditions listed beiov"..
to impact approximately 533 ft2 of Zone 1 and 630 ft2 of Zone 2 of the protected riparian buffers for the
purpose of constructing the driveway at the subject property as described within your application. 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 Division of Coastal Management 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
Stream (feet)
404/CAMA Wetlands (acres)
Waters (acres)
Buffers - Zone 1
Buffers - Zone 2 533 (square ft.)
630 (square ft.) highlighted in yellow
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturallb,
At/r/11Vt111L.
Page 2 of 2
Date:
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).
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. 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
similar high visibility material) for the areas 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.
5. Standard 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:
a. 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. 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.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing. and treatment shall be on site at all times
6. No Impacts Beyond those in Application
No wastes, 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
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.
Applicant:
Page 2 of 2
Date:
This letter completes the review of the "No Practical Alternatives" determination under 1 SA NCAC 2B
.0259. This letter does not authorize any impacts to either Waters of the United States or Waters of
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 252-948-3920 or Amy Chapman of the 401
Oversight/Express Unit at 919-715-6823.
Sincerel ,
Coleen I- . Sullins
Enclosures: Certificate of Completion
Copy of approved plat
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
CAMA, Morehead Office
CAMA, WaRO
DLR, WaRO
File copy
Central Files
Filename: 2008-0583