20110341 Ver 1_Approval Letter_20110805

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 5, 2011
Mr. Ray J. Gottsleben
1421 Alexander Lane
Trent Woods, NC 28562
DWQ Project # 11-0341
Beaufort County
Subject Property: Modification to Minor Variance, Wind Song S/D, Phase II, Lot #3
Tar-Pamlico River Basin, Campbell Creek (TAR 07, 29-33-2-(2); SA,
HQW, NSW)
Modification to Approval of Tar-Pamlico River Riparian Buffer Protection Rules
Minor Variance [15A NCAC 2B.0259(9)(b)]
Dear Mr. Gottsleben:
On July 27, 2011 this Office received your request for modification to your Minor
Variance issued from this Office on June 28, 2011. This modification is allowable under
the General Assembly of North Carolina Session 2011, Session Law 2011-394, House
Bill 119, Section 17 (c). In review of your application, and copy of deed provided with
modification request, it has been determined that your lot is considered an "Existing Lot"
platted and recorded prior to August 1, 2011 and therefore no mitigation will be required
for Zone II impacts.
You are approval, in accordance with the conditions listed below, to impact
approximately 3654 square feet (ft) 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.
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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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 uses listed as "exempt" uses as identified within 15A
NCAC 211 .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. 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).
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.
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 213.0259 (9)(b)). Please call
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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.
incerel,
For Coleen H. Sullins
Enclosures: Certificate of Completion
cc: Kelly Williams, EEP
DWQ 401 Oversight/Express Unit
Doug Huggett, DCM, Morehead
David Moye, DCM, WaRO
File Copy
Filename: 11-0341