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HomeMy WebLinkAbout20061273 Ver 1_Approval Letter_20081102F W A TF Michael F. Easley, Governor \Q ?i William G. Ross Jr., Secretary Cq r North Carolina Department of Environment and Natural Resources p n_W W Coleen H. Sullins, Director ` Division of Water Quality Chuck Wakild, P.E., Deputy Director Division of Water Quality November 3, 2008 Mr. Robert Ellmann 7208 Brigantine Blvd. Oriental, NC 28571 DWQ Project # 2006-1273 v2 Pamlico County Subject Property: Lot 38, Sail Loft s/d; Oriental, NC Greens Creek, Neuse River Basin; 03-04-10; 27-129-(1); SC; NSW 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. Ellmann: You have our approval, in accordance with the conditions listed below, to impact approximately 252 square feet (ft) of Zone 2 of the protected riparian buffers for the purpose of constructing a swimming pool (for therapeutic use) on the subject property as described within your application dated September 02, 2008. 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. 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. 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: Amount Approved (Units) Plan Location or Reference Buffers 252 ft (square ft.) see attached plat 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 NorthCarohna An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper Naturally Ar plicant: Page 2 of 2 Date: 2. No Impacts to Zone 1 No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities designated as "exempt" within 15A NCAC 02B .0233(6) ), unless otherwise approved by the DWQ 3. 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 213 .0233(5). No new ditching or piping of stormwater through the protected buffers is allowed. 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. We do not have any record indicating that we have received your certificate of completion for the original variance issued for the impacts due to construction of the dwelling. 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. 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. 'ncerely L for Co ee ns Enclosures: copy of approved plat Certificate of Completion cc: DWQ 401 Oversight/Express Unit LAMA, Morehead City Pamlico County Building Inspector File Copy Filename: 2006-1273 v2 Ladd - Ellmann 252 249 7 2522497213 p.6 k I i' - Y 1 M _ { c F r }Y r rZ• - . TAX-: .. ~ - ` ..» O i { ti?.vF: : ) F p;7AVTA_I AREA z•: North Car®Gna Environmental Management Commission Division Of Water Quality data ?.? 3 ?O ' kOto - ka?3 v, 3