20081597 Ver 1_Approval Letter_20081020

oF- WA TF9
-i
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
December 23, 2008
DWQ Project # 2008-1597
Pamlico County
Page 1 of 2
Judy O. Jones
2715 Brookhaven Drive
Kinston, NC 28504
Subject Property: 512 River Road, Araphoe, NC
Neuse River, Neuse River Basin; 27-(118); SA, HQW; NSW; 03-04-10
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B.0233(9)(b)]
Dear Mrs. Jones:
You have our approval, in accordance with the conditions listed below, to impact approximately
596 square feet (ft) of Zone 2 of the protected buffers to construct your residence at the subject
property as described within your variance request dated October 16, 2008 and received by the
Division of Water Quality (DWQ) on October 20, 2008. This letter shall act as your Minor
Variance approval as described within 15A NCAC 2B .0233(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 and Division of Coastal Management 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
No impacts (except for approved allowable, allowable with mitigation, and "exempt"
uses as identified within 15A NCAC 2B .0233(6)) 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.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCuolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ;Vaturally
Page 2 of 2
December 23, 2008
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 .0233(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.
4. Standard Erosion and 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:
a. 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. 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. Reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
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 Neuse River Riparian Buffer Protection
Rules (15A NCAC 2B .0233 (9)(b)). Please call Chris Pullinger of the Washington Regional Office at 252-948-
3920 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,,
`L.. r"k'"a'
for Coleen H. Sullins
Enclosures: Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead City
Pamlico County Building Inspector
File Copy
Filename: 2008-1597