20100236 Ver 1_Approval Letter_20110623

AJ :
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 23, 2011
Bill Smithwick
Brooke Dunbar
272 Riverside Campground
Belhaven NC 27810
DWQ Project # 10-0236
Hyde County
Subject Property: Park Model/Lot 11 G Rock Lane
Pungo River [TAR07 29-34-(5); SC, NSW]
APPROVAL for the use of the "Minor" 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. Smithwick and Ms. Dunbar:
You have our approval, in accordance with the conditions listed below, to
impact approximately 250 square feet (ft2) of Zone 2 of the protected riparian
buffers for the purpose of constructing a deck addition on the subject property
as described within your application dated March 25, 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.
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
North Carolina Division of Water Quality Intemet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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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. 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 250 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 .0259(7) (buffer mitigation rule), this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC
2B .0259(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 375
ff2 of required riparian buffer mitigation for impacts to 250 ff2 of protected riparian
buffers; 03-02-01-04 river and subbasin."
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.0259), 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 2B .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.
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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 Tar-
Pamlico River Riparian Buffer Protection Rules (15A NCAC 2B .0259 (9) (b)). Please
call Amy Adams of the Washington Regional Office at 252-946-6481 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.
Sincerely,
(fiwj
w Coleen
Enclosures: Certificate of Completion
cc: WQ WBSCP, Bev Strickland
DWQ WBSCP, Amy Chapman
DCM, David Moye, Washington District Office
EEP, Kelly Williams
File Copy
?1d?U
Sullins
Filename: 10-0236_MinVar_Approval/aa