20090888 Ver 1_Approval Letter_20100928

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 28, 2010
DWQ Project # 09-0888
Hyde County
Mr. Barry Burgan
P. O. Box 1465
Ocracoke, NC 27960
Subject Property: Burgan Property at 34 Cutten Sage Lane
Pamlico Sound, Tar-Pamlico River Basin
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance
[15A NCAC 2B.0259(9)(b)]
Dear Mr. Burgan:
You have our approval, in accordance with the conditions listed below, to impact
approximately 25 square feet (ft) of Zone 2 of the protected buffers to construct a single
family residence at the subject property as described within your original variance request
dated August 15, 2009, which was originally approved on August 28, 2009. This letter
shall act as your Minor Variance approval as described within 15A NCAC 2B
.0259(9)(b), and replaces the approval issued on August 28, 2009. 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 (DCM) regulations. Please
note that the impacts from the present heat pump pad, and a 6.2 foot x 2.7 foot
impervious area were originally proposed to be removed, and were applied as reductions
to the Zone II impacts, and should still be removed. The portion where the stair landing
exists will be part of the new impact area.
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:
North Carolina Division of Water Quality Internet www.ncwateruualitv.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ;Vaturally
Mr. Barry Burgan
August 28, 2009
Page 2 of 3
1. No Zone 1 Impacts
No impacts (except for the proposed impacts 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.
2. 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 48 square feet as required under this variance approval and 15A NCAC 2B .0259.
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
.0259, this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2B .0259(9)(C). Until the EEP receives and clears your check (made
payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified
in this variance approval shall occur. Ms. Kelly Williams should be contacted at
[phone] if you have any questions concerning payment into the EEP. For
accounting purposes, this variance approval authorizes palyment into the
Riparian Buffer Restoration Fund to compensate for 27 ft of required riparian
buffer mitigation for impacts to 18 ft2 of protected riparian buffers; 13-2, 03-03-
08 river and subbasin."
The DWQ will also 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 401 Oversight/Express Permitting Unit for review and approval. 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 Oversight/Express
Mr. Barry Burgan
August 28, 2009
Page 3 of 3
Permitting 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
Roberto Scheller of the Washington Regional Office at 252-948-3940 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.
Si erel ,
For Coleen H. Sullins
Enclosures: Minor Variance
Certificate of Completion
cc: Daphne Bennink, Ocracoke Lightship Realty
DWQ 401 Oversight/Express Unit
File Copy
Filename: 09-0888
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