20110262 Ver 1_Approval Letter_20110518

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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
May 18, 2011
Earl M. Johnson Jr.
307 Hwy 58 S.
Kinston NC 28504
Subject Property: Lot 74, Block H Seagate Subdivision, Newport NC
Adams Creek Canal [27-128-1; SA, HQW, NSW]
DWQ Project # 1 1-0262
Carteret County
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. Johnson Jr.:
You have our approval, in accordance with the conditions listed below, to impact
approximately 664 square feet (ft2) of Zone 1 and 1,137 square feet (ft2) of Zone 2 of the
protected riparian buffers for the purpose of constructing a single family residence and
associated deck on the subject property as described within your application dated March
21, 201. 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
is for the purpose and design that you described in your variance request. Approved plans
and specifications for this project are incorporated by reference and are enforceable parts of
the permit. If you change your project, you must notify us and you may be required to send us
a new request for approval.
This variance authorization shall remain valid until the approved impacts have occurred. This
variance authorization is valid for the purpose and design that you described in your request.
If you modify your project in any way, you must notify us and you may be required to send us a
new request for approval.
North Carolina Division of Water Quality Internet: www.ncwaterquality.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 Naturally
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If the property is sold, the new owner is covered by this General Major variance authorization
and is thereby responsible for complying with all conditions. The new owner must be given a
copy of this General Major variance authorization. The new owners must notify DWQ in
writing of the ownership change.
The Additional Conditions of the Certification are:
1. 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 1992
square feet as required under this Authorization Certificate and 15A NCAC 2B .0260(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
.0260(7) (buffer mitigation rule), this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2B .0233(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 1992 ff2 of required
riparian buffer mitigation for impacts to 664 ff2 of protected riparian buffers; 03-02-02-04
river and subbasin."
2. 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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. No Impacts Beyond those in Application
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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 the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that
no violations of state water quality standards, statutes, or rules occur.
4. 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.
5. 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.
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 1508 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 Amy Adams of the Washington
Regional Office at 252-948-3917 or Amy Chapman of the DWQ 401 Oversight/Express Unit at
919-807-6400 if you have any questions or require copies of our rules or procedural materials.
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For C?1 e en
Enclosures: Certificate of Completion
Approved Plans
cc: DWQ WBSCPE Unit
Doug Huggett, DCM, Morehead City Office
File Copy
Kelly Williams, EEP
Filename: 11-0262_Johnson_GMV_Approval/aa