20081687 Ver 1_Approval Letter_20090111

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 11, 2009
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, PE., Deputy Director
Division of Water Quality
DWQ Project # 200-1687
Pamlico County
Page 1 of 3
Ronald A. and Cynthia E. Lawrence
4900 Fielding Drive
Raleigh, NC 27606
Subject Property: Lot #2, Brandy Bay s/d, 107 Trawler Lane, Merritt, NC
Ball Creek, Neuse River Basin; 27-150-20; SA, HQW; NSW; 03-04-13
Approval of Neuse Riparian Buffer Protection Rules Minor Variance (15A NCAC 2B
.0233(9)(b)]
Dear Mr. and Mrs. Lawrence:
You have our approval, in accordance with the conditions listed below, to impact approximately
1,764 square feet (ft) of Zone 2 of the protected buffers to construct your residence at the
subject property as described within your variance request dated October 23, 2008, and received
by the Division of Water Quality (DWQ) on November 12, 2008. This letter shall act as your
Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this
approval, 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 and Division of Coastal Management regulations.
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(s) must be given a copy of this variance approval and is
thereby responsible for complying with all conditions. This approval requires you to follow
any conditions listed below. This Minor Variance approval shall expire five (5) years from the
date of this letter.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B.0233(6)) shall
occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No
impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ.
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
Naturally
Lot #2, Brandy Bay s/d
Page 2 of 3
January 11, 2009
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 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 Oversight/Express Permitting
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
4. 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.
5. Buffer Mitigation
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 2,646 square feet
as required under this Authorization Certificate and 15A NCAC 2B .0242 (buffer mitigation
rule). You have provided documentation in your variance application which indicates that
you have been accepted by the North Carolina Ecosystem Enhancement Program (NCEEP)
to meet the mitigation requirement. Until the NCEEP receives and clears your check (made
payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this
Lot 42, Brandy Bay s/d
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January 11, 2009
Authorization Certificate shall occur. The EEP should be contacted at (919) 715 - 0476 if
you have any questions concerning payment into the Riparian Buffer Restoration Fund. If
payment has been made, please provide documentation of payment to the Washington
Regional Office for our files. For accounting purposes, this Authorization Certificate
authorizes payment into the Riparian Buffer Restoration Fund to compensate for 2,646
ft2 of required riparian buffer mitigation for impacts to 1,764 ft2 of protected riparian
buffers; 03-04-13; 27-150-20 river and subbasin.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If
you do not accept any of the conditions of this approval, you may ask for and 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, NC
27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This Minor Variance Approval shall expire five (5) years from the date of this letter.
This letter completes the review of the Division of Water Quality under the Neuse River
Riparian Buffer Protection Rules (15A NCAC 2B .0233 (9)(b)). Please call Chris Pullinger of
the Washington Regional Office at 252-948-3920 or Amy Chapman of the DWQ 401
Oversight/Express Unit at 919-715-6823 if you have any questions or require copies of our rules
or procedural materials.
I ncefor o ? . ulrins
Enclosures: Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead City
Pamlico County Building Inspector
WaRO File Copy
Filename: 2008-1687