20060393 Ver 2_Approval Letter_20100727

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 27, 2010
DWQ Project # 2006-0393 v2
Pamlico County
Daniel J. and Lynn H. Donovan
4004 Hickory Meadow Rd.
Greensboro, NC 27406
Subject Property: Lot #10, Brown Creek s/d; Oriental, NC
Brown Creek, Neuse River Basin (SA, HQW, NSW; 27-141-3; 030410)
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse
and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures
on Existing Lots within the Coastal Counties as defined by the Coastal Area
Management Act with Additional Conditions
Dear Mr. Donovan:
You have our approval, in accordance with the conditions listed below, to impact
approximately 1,758 square feet (ft) of Zone 1 and 1,649 square feet (ft) of Zone 2 of
the protected riparian buffers, of which 1,037 square feet (ft ) of Zone 1 and 1,408 square
feet (ft) of Zone 2 are for the purpose of constructing a single-family residence and 722
square feet (ft) of Zone 1 and 241 square feet (ft) of Zone 2 are for the purpose of
constructing a driveway on the subject property as described within your application
dated May 12, 2010, with additional information received on July 8, 2010. This letter
shall act as your approval for the use of the "General" Major Variance; From the Neuse
and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on
Existing Lots within the Coastal Counties as defined by the Coastal Area Management
Act with ADDITIONAL CONDITIONS as approved by the Water Quality Committee
(WQC) of the Environmental Management Commission (EMC) on May 10, 2001. In
addition, you should get any other required federal, state or local permits before you
proceed with your project including (but not limited to) Sediment and Erosion Control
and CAMA permits. This approval shall expire when the variance expires on April 11,
2011 unless the variance is renewed before that time by the EMC.
North Carolina Division of Water Quality Internet: www.newaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal OppoRunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Nahmallb,
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This approval is for the purpose and design that you described in your variance request.
If you change your project, you must notify us and you may be required to send us a
new request for approval. If the property is sold, the new owner must be given a copy of
this approval and is thereby responsible for complying with all conditions. This
approval requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
1. 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 Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
2. Diffuse Flow
All new stormwater drainage shall be directed to vegetated areas as diffuse flow
at non-erosive velocities prior to entering the protected riparian buffers as
identified within 15A NCAC 2B .0233(5). No new ditching or piping of
stormwater through the protected buffers is allowed.
3. Compensatory Mitigation Using a Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table
below. We understand that you intend to purchase credits from the EBX-Neuse-I,
LLC Mitigation Bank, as described in your application to meet this mitigation
requirement. This contribution has been determined by the DWQ to be a suitable
method to meet the mitigation requirement. Until the Mitigation Bank receives
and clears your check, and proof of payment has been provided to this Office, no
impacts specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment into the EBX-
Neuse-I, LLC's Mitigation Bank to meet the following compensatory
mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Buffers 1,037 ft (square feet) 030410 (HUC 03020204)
4. No Impacts Beyond those in Application
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 your variance
application. All construction activities, including the design, installation,
operation, and maintenance of sediment and erosion control Best Management
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Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
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 that 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 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.
Enclosures: Certificate of Completion
copy of approved survey drawing/plan
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead City
WaRO File Copy
Filename: 2006-0393 Q