20061908 Ver 1_Approval Letter_20070124

~QF W A TF9p Michael F. Easley, Governor
`Q t'i William G. Ross Jr., Secretary
C/) rte.. North Carolina Department of Environment and Natural Resources
~ ~
~ .,C Alan W. Klimek, P.E. Director
Division of Water Quality
January 24, 2007
DWQ Project # 06-1908
Beaufort County
Lisa Daniels
12012 Smithfield Road
Manassas, VA 20112
Subject Property: Lisa C. Daniels
Pungo River [030307, 27-34-(12), SB, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-
Pamlico River Buffer Protection Rules (15A NCAC 2B .0259) with Additional Conditions
Dear Ms. Daniels:
You have our approval, in accordance with the attached conditions and those listed below, to fill
0.068 acres of vegetated wetlands, fill 0.1208 acres ofnon-vegetated wetlands - Pungo River
bottom, shade 0.0057 acres non-vegetated wetlands - Pungo River bottom and 0.00 square feet of
Zone 1Tar-Pamlico River basin protected riparian buffers and 0.00 square feet of Zone 2 Tar-
Pamlico River basin protected riparian buffers, for the purpose of constructing the bulkhead,
5'x50' pier and 12'x16' boatlift at the subject property, as described within your application
dated November 24, 2006, and received by the N.C. Division of Water Quality (DWQ) on
December 12, 2006. After reviewing your application, we have determined that the Division of
Water Quality (DWQ) General Water Quality Certification Number 3400 covers these water
impacts. This Certification allows you to General Permit No. 198000291 when issued by the US
Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. In addition,
you should get or otherwise comply with any other federal, state and local requirements before
you go ahead with your project including (but not limited to) erosion and sediment control
regulations and CAMA. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters` as depicted in your application shall expire upon expiration of
the 404 or LAMA Permit.
This approval 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 Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 OversighlBxpress Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: httn://h2o.enr.state.nc.us/ncwetlands
None Carolina
~tllCllr!r!lf
An Equal Opportunity/Affirmative Action Employer.- 50% Recycled/10% Post Consumer Paper

Lisa Daniels
Page 2 of 4
January 24, 2007
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 A roved Units Plan Location or Reference
Ve etated wetlands 0.068 acres -fill DCM Field Investi ation Re ort
Non-vegetated wetlands
-Pun o River bottom 0.1208 (acres) -fill DCM Field Investigation Report
Non-vegetated wetlands
- Pun o River bottom 0.0057(acres) -shade DCM Field Investigation Report
Buffer -Zone 1 0.00 (s ware feet DCM Field Investi ation Re ort
Buffer -Zone 2 0.00 (s uare feet DCM Field Investi ation Re ort
Sediment and Erosion Control:
2. 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 waters 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
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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the 404/401Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, they shall be removed and the natural grade restored within six
months of the date that the Division of Land Resources has released`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 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 15 NCAC 2H, Section .0500;

Lisabaniels
Page 3 of 4
January 24, 2007
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse
flow at non-erosive velocities through the protected stream buffers such that it will not re-
concentrate before discharging into a stream as identified within 15A NCAC 2B .0259 (5). If
this is not possible, it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
7. Deed Notifications -Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting
any wetlands, waters and/or buffers approved for impact under this Certification Approval
and Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit website at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project;
8. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically
issued to the project. This General Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or more acres],
full compliance with permit conditions including the sedimentation control plan, self-
monitoring, record keeping and reporting requirements are required. A copy of this permit
and monitoring report forms may be found at
http: //h2o. enr. state. nc. us/su/Forms Documents. htm. ;
Certificate of Completion: ,
9. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
Violations of any condition'herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts),'you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.

Lisa Daniels
Page 4 of 4
January 24, 2007
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B
.0259. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central
Office in Raleigh at 919-733-1786 or Kyle Barnes, in the DWQ Washington Regional Office at
252-946-6481.
Sincerely,
Alan W. Klimek, P.E.
AWK/ijm '
Enclosures: GC 3400
Certification of Completion
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Mike Street, P.O. Box 769, Morehead City, NC 27557
Bryant Hardison, 42 South Teach's Point, Bath, NC 27808
Filename: 061908LisaCDan iels(Beaufort~301 _CAMA_TPBR