HomeMy WebLinkAbout20061209 Ver 1_COMPLETE FILE_20090101+ oW ALFR Michael F. Easley, Governor
? William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
> L)
Alan W. Klimek, P.E. Director
Division of Water Quality
August 8, 2006
DWQ Project # 06-1209
Beaufort County
Scott Austin
293 N. Sixth Street
P.O. Box 312
Aurora, NC 27806
CERTIFIED MAIL: #7005 1820 0003 6594 8273
Q
AUG 1 0 2006
Subject Property: 32527 NC Hwy 33 East DENR - W-TER QUAUTY
Aurora, NC WETLANDS MD STORMWATER BRANCH
Tar-Pamlico Basin
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0259
(9)(b)]
Dear Mr. Austin,
You have our approval, in accordance with the conditions listed below, to impact 4520 square feet (ft) of Zone
2 of the protected buffers to construct a drive and dwelling on the subject property as described within your
variance request dated July 26, 2006 and received by the Division of Water Quality (DWQ) on July 27, 2006.
These impacts must be in accordance with the plot plan submitted with your application. This letter shall act as
your Minor Variance approval as described within 15A NCAC 213 .0259(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 plot plan 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 proposed and "exempt" uses as identified within 15A NCAC 2B .0259) 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: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarolliina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ;Vaturally
2. Buffer Mitigation (EEP)
Option 1:
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 4520square
feet as required under this variance approval and 15A NCAC 2B .0259. You have the option
to make a payment into the Riparian Buffer Restoration Fund administered by the NC
Ecological 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 .0259, this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2B .0259(9)(b). Until the EEP receives and clears your check
(made payable to: DENR -Ecological Enhancement Program Office), no impacts specified in
this variance approval shall occur. The EEP.should be contacted at (919) 715-0476 if you
have any questions concerning payment intoathe EEP.
For accounting purposes, this variance approval authorizes payment into the Riparian
Buffer Restoration Fund to compensate for 6780 ft2 of required riparian buffer mitigation
for impacts to 4520 ft2 of protected riparian buffers; 03-03-07, 29-33-2-(2) river and
subbasin."
Option 2:
The DWQ will 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 Wetlands/401 Unit/ Washington Regional
Office for review and approval. This plan should include a proposal to plant 40 native species
of hardwood trees with in the riparian buffer area. For more information, please contact this
office. No impacts shall occur to the protected buffers until the mitigation plan is
approved by the DWQ.
3. 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).
4. 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/Wetlands Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 Tar-Pamlico River Riparian
Buffer Protection Rules [15A NCAC 2B .0259(9)(b)]. Please call Kyle Barnes at 252-948-3917 if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Project Plan
cc: DWQ WaRO Regional Office
DWQ Central Office, Cyndi Karoly
Beaufort Co; Dept. of Building Inspections
03,0212005 11:37 2523227271 AUSTIN FISHERIES PAGE 02
OFFICE USE ONLY: Date Received Requeso
State of North Carolina JU1. I X0, 06
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian. Areas Rules
NOTE. This form maybe photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
a Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 0213.0259)
o Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient) u L? faaMt?
' name the corporation, individual etc. who owns the roe t9 V I R I
1. Applicant s ( p p rtY • Jam/
'cz+t Aost j AUG 1 0 2006
2.
Print Owner/Signing Official (person legally responsible for the property Wx&WO AI e TLO
Name: S? o±+ A,_ ? AJ
Title:
Street address:
City, State, Zip:
Telephone: isz) 3?Z - ssyz
Fax: 7- 3'2.'Z - 7 2 -7 t
3. Contact person who can answer
Name: _ S f t
about the proposed project:
tY .S 1 ? N
Telephone: 25-2. 37L - 5 5 4-L
Fax: z s 2.) 32Z - -7 1'1 1
Email: N4A
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, s ecifications, letters, o eration and maintenance agreements, etc.):
.. - .. . -- . --
5. Project Location: 3 Z S Z--1 Iv C ?,,,? 3 y, os
Street address:
City, State, Zip: A,3 rv? A/ C_Z? 8 O G
County: k-
Latitude/longitude: 3 S 1-1 ?-I SZ / 3 , °tiLZ
6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS
topographic map indicating the location of the site
_'Na1. i,?. /avrurc.-?cut?I
?ca,,._ ;N'?tuse.??n-o }??+w?33°`? ?'
54
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7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams lgibel as °UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2
.0315 (Neese) or.0316 (Tar-Pamlico)l: -rz f P06-1- i CO
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received:
?J(A
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2:.Proppsed Activity
(Please include attachments if the room provided is insufficient)
1
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffer;
n . - . i 4?,c c l,..r.Q ,.-C- 4Vh 1,4- A,(, M-S hone
0
Variance Request Form, page 2
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out,the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.): /q
n .. . _ ?. .. cIv .At? AS At P h-F
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. { t O f- . 1 ? ti.+ rte.114"
STr`.'c ` v D?ic?,,,., p-? t"t^ ; ? r??-? v,aJ
9" c;?- a $P
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
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?? .. .lc`"1?.? 'rSr/rte\G J`'C
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
:A141 QC0r?Cn.mss kofw- \?a QSa,J,y\ `A2 l "`^---- O S (t b m jtZ
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Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
Varianr:a Rantmst Form. nape 3
i, SU a - S` :ter (print or type name of person
listed in Part I, Item 2), certify that the. information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
Date:
Title:
Variance Request Form, page 4
Version 2: November 2000
OS/02/ 2006 11:37 252322 271 AUSTIN FISHEE'.IES PAGE 02
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