20081187 Ver 1_Approval Letter_20090805

O?OF WAT ?9QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 3, 2008
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 2008-1187
Craven County
Page 1 of 2
J. Kenneth Williams
3313 US Hwy 70 East
New Bern, NC 28560
Subject Property: United Self Storage
UT to Brices Creek, Neuse Basin, 030410, 27-101-40-(7), NSW, SC, SW
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Williams:
You have our approval, in accordance with the conditions listed below, to impact approximately
1299 square feet (ft) of Zone 2 of the protected buffers to construct commercial mini-storage
facility units at the subject property as described within your variance request dated January 24,
2008 and received by the Division of Water Quality (DWQ) on July 30, 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.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for the proposed allowable, allowable with mitigation, and "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.
iNorrn 1-aronna 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
North Carolina
Natuni4_
Williams
Page 2 of 2
September 3, 2008
2. Restoration Plan Approval
Within your application, you submitted plans to restore 1,269 square feet (ft) of Zone 1 of
the riparian buffer. Your restoration plan is approved, and upon completion of the restoration
planting of the 10 (ten) trees, you should notify the Washington Regional Office. You are
required to replace any of these trees that die within 5 years of planting, and you are also
required to provide proof that the trees have been planted within one year of this letter.
3. 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).
4. 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.
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.
XSinc for . Sull
ins
Enclosures: Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead
Tracie Wheeler, US Army Corps of Engineers - Washington Field Office
File Copy
Central Files
Filename: 2008-1187