20020640 Ver 2_Approval Letter_20121001

October 1, 2012
DWQ Project # 2002- 0640v2
Beaufort County
Mr. Garry and Carol Keech
300 Sunnyside Drive
Washington, NC 27889
Subject Property: 300 Sunnyside Drive, Washington
Authorization of Tar - Pamlico River Riparian Buffer Protection Rules Major Variance
[15A NCAC 02B .0259(9)(c)]
Dear Mr. and Mrs. Keech:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 198 square feet (ft2 ) of Zone 1 of the protected buffers and 920 square feet (ft' )
of Zone 2 of the protected buffers to construct the deck, porch and placement of the boathouse
cover into the buffers at the subject property as described within your variance request dated
August 13, 2012 and received by the Division of Water Quality (DWQ) on August 16, 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 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 authorization is for the purpose and design that you described in your application
approved by the Water Quality Committee of the Environmental Management Commission on
September 12, 2012. If you change your project, you must notify DWQ 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 authorization and is thereby responsible for complying with all conditions.
This authorization requires you to follow any conditions listed below.
The Additional Conditions of the Authorization are:
1. No Additional Zone 1 Impacts
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DWQ #2002- 0640v2
October 1, 2012
No additional impacts (except for "exempt" uses as identified within 15A NCAC 02B
.0259 and what is approved in this authorization) 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 (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 square feet of impacts to Zone 1 and 2 of the protected riparian
buffers is 1,974 square feet as required under this variance and 15A NCAC 02B . 0259.
The DWQ has determined that your proposal received on August 29, 2012 to plant 15
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 into the Riparian Buffer Restoration Fund to compensate for 1,974
square feet of mitigation as allowed under 15A NCAC 02B . 0259. If you choose to make
this payment, please contact the Webscape Unit at 919 - 807 -6300 for additional
information.
3. Erosion & 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 in order to protect surface waters standards:
a. The 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. The 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. The reclamation measures and implementation must comply with the reclamation
in accordance with the requirements of the Sedimentation Pollution Control Act.
4. 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 Pre - Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
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DWQ #2002 -064M
October 1, 2012
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
5. 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).
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities to
ensure compliance with 15A NCAC 2B. 0259.
7. 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.
8. Deed Restrictions
Garry and Carol Keech (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 (insert title
and date), in their natural state in perpetuity, prior to the sale of 300 Sunnyside Drive in
Washington, 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 2B.0259) of the 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."
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DWQ #2002- 0640v2
October 1, 2012
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 accordance with this minor
variance for impacts in approval. The permittee shall provide a copy of the recorded
restrictive covenants to the DWQ within 15 days of recording.
You can contest this civil penalty assessment as provided in Articles 3 and 4 of General Statute
1506 by filing a written petition for an administrative hearing to the Office of Administrative
Hearings. You may obtain a petition form from the Office of Administrative Hearings at
hto. / /Www.ncoah.com/ or call (919) 431 -3000 for information.
Within thirty (30) calendar days of receipt of this notice, you must file the petition with the
Office of Administrative Hearings. A petition is considered filed when the original and one (1)
copy is received in the Office of Administrative Hearings during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the Office of Administrative Hearings at (919) 431 -3100, provided
the original and one copy of the petition is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
One (1) copy of the petition must also be served to DENR:
William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWQ:
If sending by First Class Mail via
the US Postal Service:
Karen Higgins
NC DENR -DWQ— Webscape Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higglns
or NC DENR -DWQ— Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
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DWQ #2002- 0640v2
October 1, 2012
This letter completes the review of the DWQ under the Tar - Pamlico River Riparian Buffer
Protection Rules [15A NCAC 02B .0259(9)(c)]. Please call Ms. Karen Higgins at (919) 807 -6360 if
you have any questions.
Sincerely,
harles Wakild, P.E.
CW /kah /asc
Enclosures: Certificate of Completion
cc: Amy Adams, DWQ Washington Regional Office
File Copy
File Name: 020640v2_ 300SunnysideDrive (Beaufort)Majvar
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4
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild; P.F.
Governor Director
DWQ Project No.: Q b b� o Q County: a VIA
Applicant:
Project Naiue:
Date of Issuance of 401 Water Quality Certification: ► � ` ;�
Certificate of Completion
Dee Freeman
Secretary
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 this certificate to the 401 /Wetlands Unit, North Carolina Division
of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ by the applicant,
the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time)
the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N Salisbury St Floor 9 Raleigh NC 27603
Phone: 919 - 807 -16001 Fax: [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
Registration No.
NorthCarohna