20090989 Ver 1_Approval Letter_20090917

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
September 17, 2009
Ocracoke Fire Protection Association
Attn: Richard Jacoby
215 Back Road
Ocracoke, NC 27960
Natural Resources
Dee Freeman
Secretary
DWQ Project # 09-0989
Hyde County
Subject Property: 822 Irvin Garish Highway, Ocracoke, NC
UT to Old Slough, Tar-Pamlico Basin, 030307, 29-91, SA, HQW
AUTHORIZATION of Tar-Pamlico River Buffer Rule (15A NCAC 02B.0259)
Authorization Certificate
Dear Mr. Jacoby:
You have our authorization, in accordance with 15A NCAC 02B .0259 and any
conditions listed below, to impact approximately 649 ft2 of Zone 1 and 517 ft2 of Zone 2
of the protected riparian buffers for the purpose of constructing a stormwater treatment
pond at the subject property as described within your application dated September 17,
2009. 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 CAMA 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
North Carolina Division of Water Quality Internet: www.ncwalerquality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Page 2 of 3
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 na (feet) na
404/LAMA Wetlands na (acres) na
Waters na (acres) na
Buffers 649 (square ft.) Zone 1
517 (square ft.) Zone 2 Plat provided with
application
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. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for impacts to the protected riparian buffers is 649
square feet of Zone 1 and 517 square ft. of Zone 2 as required under this Authorization
Certificate and 15A NCAC 2B .0260(buffer mitigation rule). We understand that you
wish to make a payment into the Riparian Buffer Restoration Fund administered by the
NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This
has been determined by the DWQ to be a suitable method to meet the mitigation
requirement. In accordance with 15A NCAC 2B .0260(7)(buffer mitigation rule), this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC
2B .0259(10)(buffer protection rule). Until the EEP receives and clears your check
(made payable to: DENR - Ecosystem Enhancement Program Office), no impacts
specified in this Authorization Certificate shall occur. The EEP should be contacted at
[phone] if you have any questions concerning payment into the Riparian Buffer
Restoration Fund. You have one month from the date of this approval to make this
payment. For accounting purposes, this Authorization Certificate authorizes
payment into the Riparian Buffer Restoration Fund to compensate for 1947 ft2 of
required riparian buffer mitigation for impacts to 649 ft2 in Zone 1 and 776 ftT of
require riparian buffer mitigation for impacts to 5F-fil-of Zone 2 in the 03-03-08
river and subbasin."
Page 3 of 3
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 .0259. 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 Al Hodge of the Washington
Regional Office at 252-946-6481 or Amy Chapman of the 401 Oversight/Express Unit at
919-715-6823.
S'ncerely,
C70e-en u ins
Enclosures: Certificate of Completion
cc: Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
.CAMA, Morehead Office
CAMA, WaRO
File copy
Warren Eadus, Quible and Associates, P.C.
PO Drawer 870, Kitty Hawk, NC 27949
Filename: 09-0989