20110329 Ver 1_Approval Letter_20110630

Q NOT A CAMA PERMIT
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 30, 2011
John Geewax
129 Hicks Rd.
West Grove PA 19390
DWQ Project # 11-0329
Beaufort County
Subject Property: Geewax Property/ Lot 4, Section I
Pamlico Sound [TAR08, 29-(40.5); SA, HWQ]
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. Geewax:
You have our approval, in accordance with the conditions listed below, to
impact approximately 176 square feet (ft2) of Zone 1 and 799 square feet (ft2) of
Zone 2 of the protected riparian buffers for the purpose of constructing a single
family residence on the subject property as described within your application
dated April 8, 2011. 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.
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
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Page 2 of 4
This variance authorization shall remain valid until the approved impacts have
occurred. 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:
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 isl 76 square feet of Zone 1 as required under this
Authorization Certificate and the conditions of the General Major
Variance (attached). 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 213 .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 176 ft2
of required riparian buffer mitigation for impacts to 176 ft2 of Zone 1 of
protected riparian buffers; 03-02-01-05 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
Page 3 of 4
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
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. Roof Water Runoff Control System Operation & Maintenance Agreement
As per the signed Operation & Maintenance agreement for roof water
harvesting and collection, the roof water runoff control system shall be
inspected by the owner/operator at least quarterly and within 24 hours
after each major rain event (defined in coastal area as 1.5 inches).
5. 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.
6. 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.
Page 4 of 4
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 252-948-3917 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.
Sincerely,
U
For Coleen H. Sullins
Enclosures: Coastal General Variance
Certificate of Completion
Approved Plans
cc: DWQ WBSCP Unit
Amy Chapman, WBSCP Unit
Doug Hugget, DCM, Morehead Office
David Moye, DCM, Washington District Office
Doug Dorman, Atlantic Environmental Consultants LLC PO Box 3266 Kitty
Hawk NC 27949
File Copy
Filename: 1 1-0329_Geewax_GMV_Approval/aa
J
" General' MAJOR VARIANCE
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential
structures on existing lots within the coastal counties as defined by the Coastal Area
Management Act that meet. the conditions stated below.
This "general" major variance from the Riparian Buffer Protection Rules in the Neuse
(15A NCAC.2B .0233) and Tar-Pamlico (15A NCAC 2B .0259) River Basins is hereby issued by
the NC Environmental Management Commission (EMC) for impacts to the protected buffers as
long as the conditions prescribed below are met.
The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ
"General" Major Variance Application Form that describes how the following conditions of this
variance will be met.. If these conditions cannot be met, an individual Major or Minor Variance
from the Buffer Rules may be sought from the EMC. This "General" Major Variance shall expire
on April 11, 2011 unless it is renewed before that time by the EMC. Any approvals issued by
DWQ (either prior or after the renewal) will remain valid.
Conditions
1.. The residential lot must be located within one. of the coastal counties as defined
. by the Coastal Area Management Act.(CAMA).
2. Applicants must show that they have met the requirements fora variance as
specified in the buffer rules in "VARIANCES" [15A NCAC 2B .0233(9xaxi)-
(iii) and 15A NCAC 2B .0259(9)(axi)-(iii)] for the specific river basin where the
impacts will occur.
3. Applicants must show that the residential lot has been platted and recorded prior
to August 1, 2000.
4. Construction is for residential buildings and related structures such as garages,
decks, porches, attached commercial buildings, driveways and sheds.
5. Substantial expenditures and contractual obligations must have occurred in good'
faith prior to the August 1, 2000. Substantial expenditures and obligations must
have been made in reasonable reliance upon governmental permits and/or
approvals (such as 401 Water Quality Certifications, CAMA permits, active
connection to an existing sanitary sewer system or local on-site wastewater
system approvals). Supportive written documentation must be submitted to the
DWQ for review.
6. The lot must be buildable, without wetland impacts except for driveways and/or
utility crossings and any impact to the buffer shall be minimized to the maximum
extent practical.
7. Where impacts to the buffer will occur, the impact should be minimized to the
greatest extent practicable as determined by DWQ staff.
8. Any on-site wastewater treatment must not be located within 50 feet of a surface
water as specified in "ZONES OF THE RIPARIAN BUFFER" [15A NCAC 2B
.0233(4) and 15A NCAC 2B .0259(4)] of the buffer rules. The only exceptions
include any pretreatment systems meeting the Treatment Standard 1 as found in
15A NCAC 18A. 1969 Innovative System Approval regulated by the NC
Division of Environmental Health, On-site Wastewater Section.
9. On-site stormwater management controls must be shown on the application and
stormwater runoff must be directed away from the adjacent surface water and/or
coast wetland as determined sufficient by DWQ staff; measures such as rain
gardens, bio-retention areas, vegetative filter strips and planting of trees or shrubs
along bulkheads and/or property lines to maximize pollutant removal may be
required as determined by DWQ staff. If the applicant is required to obtain a
Sedimentation and Erosion Control Permit or a CAMA Major Permit, then a
Stormwater Permit may be required from the DWQ.
10. Mitigation will be required at a 1:1 ratio for impacts to Zone 1. This mitigation
can be accomplished by either (1) payment into the Riparian Buffer Restoration
Fund (administered by the DWQ Ecosystem Enhancement Program), (2) planting
or protection of a riparian area not subject to the buffer rules, or (3) additional
planting of a non-forested location on-site or in close proximity to the impacted
area. Mitigation plans must be submitted with the application and approved in
writing by the DWQ. and completed within six (6) months of the issuance of
written approval of this General Major Variance from the DWQ.
11. The applicant must receive written approval from the DWQ based on the
submittal of the "General" Major Variance Application Form acknowledging that
these conditions have been met before any impacts occur to the riparian buffer.
12. The applicant must contact the appropriate District office of the N.C. Division of
Coastal Management or Local Permitting Officer for any current requirements
for CAMA Major, Minor or General Permits. In addition, the applicant must file
(if needed) an application with the Local Health Department for an on-site
wastewater system prior to any site construction. The Improvement Permit and
the Construction Authorization is required to be issued prior to any other building
or construction permit [Ref. G.S. 130A-338].
Signed: a4 /V -
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission
Effective Date: 10 November 2005, replacing the variance that was effective 10
May 2001
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North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
DWQ Project No.:
Applicant: _
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Resources
Dee Freeman
Secretary
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 this certificate to the 401/Wetlands Unit, North Carolina Division
of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant,
the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time)
the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date
Registration No.
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 512 N Salisbury St Floor 9 Raleigh North Carolina 27603 One
Phone: 91M07.63011 FAX: [phone] NorthCaroli.na
Internet: www.ncwaterqual4.org Niaturallff
An Equal Opportunity 1 Affirmative Action Employer
Date:

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