20110341 Ver 1_Approval Letter_20110628

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 28, 2011
DWQ Project # 11-0341
Beaufort County
Mr. Ray J. Gottsleben
1421 Alexander Lane
Trent Woods, NC 28562
Subject Property: Wind Song Phase II S/D Lot #3
Tar-Pamlico River Basin, Campbell Creek (TAR 07, 29-33-2-(2); SA,
HQW, NSW)
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance
[15A NCAC 2B.0259(9)(b)]
Dear Mr. Gottsleben:
You have our approval, in accordance with the conditions listed below, to impact
approximately 3654 square feet (fC) of Zone 2 of the protected buffers to construct
driveway and parking areas at the subject property as described within your variance
request dated April 8, 2011 and received by the Division of Water Quality (DWQ) on
April 12, 2011. This letter shall act as your Minor Variance approval as described within
15A NCAC 2B .0259(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 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
North Carolina Division of Water Quality Internet: www.ncwaterquali .org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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Page 2 of 3
No impacts (except for uses listed as "exempt" uses as identified within 15A
NCAC 2B .0259) 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.
2. Buffer Mitigation (NCEEP)
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 5481 square feet as required under this variance approval and 15A NCAC 2B
.0259. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Ecosystem Enhancement Program
(NCEEP) 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 .0259, this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2B.0259(9)(C). Until the NCEEP receives and
clears your check (made payable to: NCDENR - Ecosystem Enhancement Program
Office), no impacts specified in this variance approval shall occur. The NCEEP In-
Lieu Fee Program Coordinator (Ms. Kelly Williams) should be contacted at (919)
715-0476 if you have any questions concerning payment into the NCEEP. For
accounting purposes, this variance approval authorizes payment into the
Riparian Buffer Restoration Fund to compensate for 5481 ft2 of required
riparian buffer mitigation for impacts to 3654 ft2 of protected riparian buffers;
13-2, 03-03-07 river and subbasin."
The DWQ will also accept an alternative method of mitigation (including but not
limited to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule
(15A NCAC 02B .0259) to satisfy this mitigation requirement. If you choose to
pursue this option, then you are required to submit in writing a mitigation plan to the
DWQ 401 Oversight/Express Permitting Unit for review and approval. No impacts
shall occur to the protected buffers until the mitigation plan is approved by the DWQ.
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 .0259(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.
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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 Tar-Pamlico
River Riparian Buffer Protection Rules (15A NCAC 2B .0259 (9)(b)). Please call
Roberto Scheller of the Washington Regional Office at 252-948-3940 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.
Sincerely, S
tea. 's?
Coleen H. Sullins
Enclosures: Certificate of Completion
cc: V45WQ 401 Oversight/Express Unit
Doug Huggett, DCM, Morehead
David Moye, DCM, WaRO
File Copy
Filename: 11-0341