HomeMy WebLinkAbout20110074 Ver 2_Approval Letter_20120117Beverly Eaves Perdue
Governor
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E.
Director
January 17, 2012
CERTIFIED MAIL
Mr. William Bell
216 Forte Shores Drive
Chocowinity, NC 27817
Dee Freeman
Secretary
DWQ Project # 11- 0074v2
Beaufort County
Subject Property: 216 Forte Shores Drive, Chocowinity
UT to Pamlico River [030307, 29 -(1), SC, NSW]
Authorization of Tar - Pamlico River Riparian Buffer Protection Rules Major Variance 115A
NCAC 2B .0259(9)(b)]
Dear Mr. Bell:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 500.57 square feet (ft2 ) of Zone 1 of the protected buffers to construct the
temporary pool at the subject property as described within your variance request dated October
25, 2011 and received by the Division of Water Quality (DWQ) on October 28, 2011 with
additional information received by DWQ on November 16, 2011 and January 10, 2012. This
letter shall act as your Major Variance authorization as described within 15A NCAC 2B
.0259(9)(c). In addition to this authorization, you should obtain and comply with any other
required federal, state or local permits, certifications, or approvals before you initiate your
project including but not limited to those required pursuant to Erosion and Sediment Control
regulations.
This authorization is for the purpose and design that you described in your application approved
with conditions by the Water Quality Committee (WQC) of the Environmental Management
Commission on November 16, 2011. If you change your project, you must notify DWQ and you
may be required to submit a new application.
The Additional Conditions of the Certification are:
1. No Additional Zone 1 Impacts
No additional impacts (except for "exempt" uses as identified within 15A NCAC 2B
.0259 and what is approved in this authorization) shall occur to Zone 1 of the protected
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Phone 919 -807 -63001 FAX, 919 - 807 -6494 North Catolina
Internet http:/ /portal ncdenr.orglweb /wq /ws Nahiriallff An Equal Opportunity 1 Affirmative Action Employer
Bell
Page 2 of 4
January 17, 2012
riparian buffers unless otherwise approved by DWQ. No impervious surfaces shall be
added to Zone 1, unless approved by the DWQ.
2. Buffer Mitigation (On -site Restoration/Enhancement) — You are required to mitigate for
impacts to the protected riparian buffers. The required area of mitigation to compensate
for the 500.57 square feet of impacts to Zone 1 of the protected riparian buffers is
1,501.71 square feet as required under this variance and 15A NCAC 2B . 0259. The
DWQ has determined that your proposal labeled "Exhibit F" in your major variance
package and the plan sheet handed to DWQ staff at the WQC meeting on November 16,
2011 to plant 11 trees within the retained portions of the protected buffers will satisfy the
mitigation requirement. You must ensure their survival for a period of at least five (5)
years. You are required to replace any of these trees that die within this five (5) year
period. You are required to provide proof in writing that the trees have been planted
within one year of the date of this letter. The proof of plantings shall be submitted to the
WeBSCaPe Unit. If this mitigation is not acceptable or practicable, then you may choose
to make a payment in to the Riparian Buffer Restoration Fund to compensate for 1,501.71
square feet of mitigation as allowed under 15A NCAC 02B . 0259. If you choose to
make this payment, please contact Amy Chapman at the WeBSCaPe Unit at 919 -807-
6400 for additional information.
3. No Waste, Spoil; Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Major Variance application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. 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).
5. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to
the WeBSCaPe Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699 -1650.
6. Pool Removal
Prior to the sale of 216 Forte Shores Drive in Chocowinity, NC, the permittee shall
remove the temporary pool from the subject property and restore the footprint of the
temporary pool with permanent, native ground cover. The permittee shall provide a letter
to the WeBSCaPe Unit of DWQ stating the pool has been removed and how the footprint
of the temporary pool has been restored prior to the final sale of the subject property.
7. Deed Restrictions
Bell
Page 3 of 4
January 17, 2012
Mr. William Bell (permittee) shall execute and cause to be recorded in the Beaufort
County Register of Deeds restrictive covenants acceptable to the DWQ for the purpose of
maintaining the riparian buffers, as shown on the recorded plat for 216 Forte Shores
Drive, in their natural state in perpetuity, prior to the sale of 216 Forte Shores Drive in
Chocowinity, NC:
No person or entity shall perform any of the following activities on such buffer
conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes, signs,
utility poles or towers, or any other permanent or temporary structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the Tar- Pamlico
Buffer Rules (15A NCAC 213.0259) of the North Carolina Department of
Environment and Natural Resources, Division of Water Quality ( "DWQ "), and
therefore may be enforced by the DWQ. This covenant is to run with the land,
and shall be binding on the Owner, and all parties claiming under it."
The permittee shall enforce the terms of the restrictive covenants and shall take no action
on the subject site described in the covenants inconsistent with the terms thereof. This
requirement excludes riparian areas authorized in accordance with this major variance for
impacts in the approval. The permittee shall provide a copy of the recorded restrictive
covenants to the WeBSCaPe Unit of DWQ within 15 days of recording the same.
If you wish to contest any statement in this Major Variance you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative
hearings. You must file the petition with the Office of Administrative Hearings within sixty (60)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the
Office of Administrative Hearings within five (5) business days following the faxed
transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919) 431 -3000, Fax: (919) 431 -3100
Bell
Page 4 of 4 -
January 17, 2012
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
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)(c)]. Please call Ms. Amy Chapman
at (919) 807 -6400 if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
100 ,
k(-/Charles Wakild, P.E.
C W/kah/asc
cc: Amy Adams, DWQ Washington Regional Office
File Copy
Cathy Cralle Jones, Law Office of F. Bryan Brice, Jr, 5 W Hargett St, Ste 200, Raleigh,
NC 27601
File Name: 110074v2_ 216ForteShores (Beaufort)TP_MajorVar
■ Complete Items 1 2 and 3 Also complete
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1 Article Addressed to
MR W1LL1A`M BELL 2/3/12
216 FORTE SHORES DR
CHOCOWINTY NC 27817
DWQ 1-10074 V2 BEAUFORT COUNTY
A. Signature
X t", I,
❑ Agent
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nski,Number 7009 2250 0000 8087 2792
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DENR DWQ WeBSCaPe UNIT
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RALEIGH NC 27699 1650