20081597 Ver 1_Approval Letter_20090406

A4*_"A
=
12= ?
NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue
Governor
Judy O.Jones
2715 Brookhaven Drive
Kinston, NC 28504
Resources
Dee Freeman
Secretary
DWQ Project #2008-1597
Pamlico County
Page 1 of 2
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. This letter replaces the
approval issued on December 23, 2008.
North Carolina Division of Water Quality Internet: www. newaterquality. ore
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Coleen H. Sullins
Director
April 6, 2009
NorthCarohna
Naturallb,
Page 2 of 3
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
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 .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. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for impacts to the protected riparian buffers is 894
square feet as required under this Authorization Certificate and 15A NCAC 2B
.0242(buffer mitigation rule). 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. This has been determined by the
DWQ to be a suitable method to meet the mitigation requirement. In accordance with
15A NCAC 2B .0242(7)(buffer mitigation rule), this contribution will satisfy our
compensatory mitigation requirements under 15A NCAC 2B .0242(10)(buffer
protection rule). Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone]
if you have any questions concerning payment into the Riparian Buffer Restoration
Fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the
Riparian Buffer Restoration Fund to compensate for 894 ft2 of required riparian
buffer mitigation for impacts to 596 ft2 of protected riparian buffers; 03-04-10; 27-
(118) river and subbasin."
Page 3 of 3
5. 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 213.0233 (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.
pincer 1 ,
for Coleen H. Sullins
Enclosures: Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
LAMA, Morehead City
Pamlico County Building Inspector
File Copy
Filename: 2008-1597