20080473 Ver 1_Approval Letter_20081112

?QF W ATFi9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
I- North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
`- Division of Water Quality
--- Chuck Wakild, P.E., Deputy Director
Division of Water Quality
November 12, 2008
Herbert and Gene Fischer
106 Bermuda View
New Bern, 28562
DWQ Project # 2008-0473
Craven County
Subject Property: 106 Bermuda View (Lot 218 - Lakeside at Royal Pines, Carolina Pines s/d)
UT to Anderson Creek, Neuse River Basin; (27-112-7, SC, Sw; NSW) 03-04-10
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate
Dear Mr. and Mrs. Fischer:
You have our authorization, in accordance with 15A NCAC 02B .0233 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, swing, and viewing platform at the subject property as described within your
application dated March 11, 2008 and received by this office on March 14, 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 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
Buffers - Zone 1
Buffers - Zone 2 180 ft (square ft.)
120 ft2 (s uare ft.) see plat
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. 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
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
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November 12, 2008
4. 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.
5. Restoration Plan Approval
The plan submitted to restore Zone 1 of the riparian buffer is satisfactory and you may proceed with the required plantings.
If annual monitoring reports are required as a condition to satisfy a Notice of Violation (NOV), they should be submitted to
the Washington Regional Office by the following June 1 st.
6. 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.
C. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing
and treatment shall be on site at all times.
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 .0233. 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.
Sincerely, ,
Chris Pullinger
Environmental Specialist
Division of Water Quality
Washington Regional Office
Enclosures: Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead Office
WaRO File copy
Filename: 2008-0473