HomeMy WebLinkAbout20080343 Ver 1_Approval Letter_20080422 �DF WATF9 p Michael F.Easley,Governor
'0 G William G.Ross Jr.,Secretary
co 1A ram.- North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
April 22, 2008
DWQ Project# 08-0343
Beaufort County
Mr. David B. Stong
108 Reid Road
Coatsville, PA 19320
Subject Property: Bailey Pointe—Lot 29
Bailey Creek [030307, 29-29-5-2, SA, HQW, NSW]
AUTHORIZATION of Tar-Pamlico River Buffer Rule (15A NCAC 02B .0259) Authorization
Certificate
Dear Mr. Stong:
You have our authorization, in accordance with 15A NCAC 02B .0259 and any conditions listed below,
to impact approximately 0.00 square feet of Zone 1 and 80 square feet of Zone 2 of the protected riparian
buffers for the purpose of constructing the residence at the subject property as described within your
application dated February 16, 2008, received by the Division of Water Quality(DWQ)on February 22,
2008. In addition,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, Non-discharge regulations.
This authorization 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 must be given a copy of this authorization letter and is thereby responsible for
complying with all conditions. This authorization 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:
Type of Impact Amount Approved Units Plan Location or Reference
Zone 1 Buffers 0.00 (square ft.) PCN page 11 of 12
Zone 2 Buffers 80 (s uare ft.) PCN page 11 of 12
2. 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:
None hCarolina
401 Oversight/Express Review Permitting Unita�ura!!y
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: 919-733-1786/FAX 919-733-6893/Internet:http://h2o.enr.statc.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer—50%RecycledA0%Post Consumer Paper
Mr. David B. Stong
Page 2 of 4 `
April 22,2008
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.
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 Pre-Construction Notification. 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. No Sediment& Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable,they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
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 401
Oversight/Express Review Permitting Unit,North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh,NC, 27699-1650.
Mr. David B. Stong
Page 3 of 4
April 22,2008
8. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for 80 square feet of impacts to Zone 2 of the protected riparian buffers
is 120 square feet as required under this variance authorization 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 (EEP)to meet this mitigation
requirement or donate property to meet the mitigation requirement. Either method has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. In
accordance with 15A NCAC 213 .0259,this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 213 .0259(9)(C). Please contact NC EEP if you would like to
purcue purchse of buffer mitigation credits to meet your mitigation requirement. However, until
the EEP receives and clears your check(made payable to: DENR—Ecosystem
Enhancement Program Office),no impacts specified in this variance authorization shall
occur. Ms. Kelly Williams should be contacted at(919) 716-1921 if you have any questions
concerning payment into the EEP. For accounting purposes,this variance authorization
authorizes payment into the Riparian Buffer Restoration Fund to compensate for 120 ft' of
required riparian buffer mitigation for impacts to 80 ft2 of protected riparian buffers"
As previously stated,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 authorization. No impacts shall occur to the protected buffers
until the mitigation plan is approved by the DWQ.
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland,water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots,whichever is appropriate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at: http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Any disputes over determinations regarding this Authorization Certificate(associated with the approved
buffer impacts)shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall
expire five(5)years from the date of this letter.
This letter completes the review of the "No Practical Alternatives"determination under 15A NCAC 2B
.0259. If you have any questions or would like a copy of the buffer rules, please call(919) 733-1786.
This letter does not authorize any impacts to either Waters of the United States or Waters of the State.
Please contact the US Army Corps of Engineers(USACE) or NC Division of Water Quality (DWQ) if
any impacts are proposed to either of these waters.
Si erely
Coleen H. Sullins
Mr. David B. Stong
Page 4 of 4
April 22,2008
CHS/cbk/jm
Enclosures: Certificate of Completion
cc: Chris Pullinger, DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 080343 B ai leyPo inteLot29(Beau fort)TPB R
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