20061273 Ver 1_Approval Letter_20081102

F W A TF Michael F. Easley, Governor
\Q ?i William G. Ross Jr., Secretary
Cq r North Carolina Department of Environment and Natural Resources
p n_W W Coleen H. Sullins, Director
` Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
November 3, 2008
Mr. Robert Ellmann
7208 Brigantine Blvd.
Oriental, NC 28571
DWQ Project # 2006-1273 v2
Pamlico County
Subject Property: Lot 38, Sail Loft s/d; Oriental, NC
Greens Creek, Neuse River Basin; 03-04-10; 27-129-(1); SC; NSW
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico
Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the
Coastal Counties as defined by the Coastal Area Management Act with Additional Conditions
Dear Mr. Ellmann:
You have our approval, in accordance with the conditions listed below, to impact approximately 252
square feet (ft) of Zone 2 of the protected riparian buffers for the purpose of constructing a swimming
pool (for therapeutic use) on the subject property as described within your application dated September
02, 2008. This letter shall act as your approval for the use of the "General" Major Variance; From the
Neuse and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing
Lots within the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL
CONDITIONS as approved by the Water Quality Committee (WQC) of the Environmental Management
Commission (EMC) on May 10, 2001. In addition, you should get any other required federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control and CAMA permits. This approval shall expire when the variance expires on April 11, 2011
unless the variance is renewed before that time by the EMC.
This approval is for the purpose and design that you described in your variance request. If you change
your project, you must notify us and you may be required to send us a new request for approval. If the
property is sold, the new owner must be given a copy of this approval and is thereby responsible for
complying with all conditions. This approval requires you to follow the conditions listed below.
The Additional Conditions of the Certification 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 252 ft (square ft.) see attached plat
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
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper Naturally
Ar plicant:
Page 2 of 2
Date:
2. No Impacts to Zone 1
No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities designated as
"exempt" within 15A NCAC 02B .0233(6) ), unless otherwise approved by the DWQ
3. Diffuse Flow
All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-erosive velocities prior to
entering the protected riparian buffers as identified within 15A NCAC 213 .0233(5). No new ditching or piping of
stormwater through the protected buffers is allowed.
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 Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. We do not have any record indicating that we have received your certificate of completion
for the original variance issued for the impacts due to construction of the dwelling.
5. 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.
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 that 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 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.
'ncerely
L
for Co ee ns
Enclosures: copy of approved plat
Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
LAMA, Morehead City
Pamlico County Building Inspector
File Copy
Filename: 2006-1273 v2
Ladd - Ellmann 252 249 7 2522497213 p.6

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