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Home My WebLink About20110074 Ver 2_Approval Letter_20120117Beverly Eaves Perdue Governor NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P. E. Director January 17, 2012 CERTIFIED MAIL Mr. William Bell 216 Forte Shores Drive Chocowinity, NC 27817 Dee Freeman Secretary DWQ Project # 11- 0074v2 Beaufort County Subject Property: 216 Forte Shores Drive, Chocowinity UT to Pamlico River [030307, 29 -(1), SC, NSW] Authorization of Tar - Pamlico River Riparian Buffer Protection Rules Major Variance 115A NCAC 2B .0259(9)(b)] Dear Mr. Bell: You have our authorization, in accordance with the conditions listed below, to impact approximately 500.57 square feet (ft2 ) of Zone 1 of the protected buffers to construct the temporary pool at the subject property as described within your variance request dated October 25, 2011 and received by the Division of Water Quality (DWQ) on October 28, 2011 with additional information received by DWQ on November 16, 2011 and January 10, 2012. This letter shall act as your Major Variance authorization as described within 15A NCAC 2B .0259(9)(c). In addition to this authorization, you should obtain and comply with any other required federal, state or local permits, certifications, or approvals before you initiate your project including but not limited to those required pursuant to Erosion and Sediment Control regulations. This authorization is for the purpose and design that you described in your application approved with conditions by the Water Quality Committee (WQC) of the Environmental Management Commission on November 16, 2011. If you change your project, you must notify DWQ and you may be required to submit a new application. The Additional Conditions of the Certification are: 1. No Additional Zone 1 Impacts No additional impacts (except for "exempt" uses as identified within 15A NCAC 2B .0259 and what is approved in this authorization) shall occur to Zone 1 of the protected Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) One 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone 919 -807 -63001 FAX, 919 - 807 -6494 North Catolina Internet http:/ /portal ncdenr.orglweb /wq /ws Nahiriallff An Equal Opportunity 1 Affirmative Action Employer Bell Page 2 of 4 January 17, 2012 riparian buffers unless otherwise approved by DWQ. No impervious surfaces shall be added to Zone 1, unless approved by the DWQ. 2. Buffer Mitigation (On -site Restoration/Enhancement) — You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for the 500.57 square feet of impacts to Zone 1 of the protected riparian buffers is 1,501.71 square feet as required under this variance and 15A NCAC 2B . 0259. The DWQ has determined that your proposal labeled "Exhibit F" in your major variance package and the plan sheet handed to DWQ staff at the WQC meeting on November 16, 2011 to plant 11 trees within the retained portions of the protected buffers will satisfy the mitigation requirement. You must ensure their survival for a period of at least five (5) years. You are required to replace any of these trees that die within this five (5) year period. You are required to provide proof in writing that the trees have been planted within one year of the date of this letter. The proof of plantings shall be submitted to the WeBSCaPe Unit. If this mitigation is not acceptable or practicable, then you may choose to make a payment in to the Riparian Buffer Restoration Fund to compensate for 1,501.71 square feet of mitigation as allowed under 15A NCAC 02B . 0259. If you choose to make this payment, please contact Amy Chapman at the WeBSCaPe Unit at 919 -807- 6400 for additional information. 3. No Waste, Spoil; Solids, or Fill of Any Kind 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 Major Variance application. 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 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). 5. Certificate of Completion Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the WeBSCaPe Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. 6. Pool Removal Prior to the sale of 216 Forte Shores Drive in Chocowinity, NC, the permittee shall remove the temporary pool from the subject property and restore the footprint of the temporary pool with permanent, native ground cover. The permittee shall provide a letter to the WeBSCaPe Unit of DWQ stating the pool has been removed and how the footprint of the temporary pool has been restored prior to the final sale of the subject property. 7. Deed Restrictions Bell Page 3 of 4 January 17, 2012 Mr. William Bell (permittee) shall execute and cause to be recorded in the Beaufort County Register of Deeds restrictive covenants acceptable to the DWQ for the purpose of maintaining the riparian buffers, as shown on the recorded plat for 216 Forte Shores Drive, in their natural state in perpetuity, prior to the sale of 216 Forte Shores Drive in Chocowinity, NC: No person or entity shall perform any of the following activities on such buffer conservation area: a. fill, grade, excavate or perform any other land disturbing activities b. cut, mow, burn, remove, or harm any vegetation c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility poles or towers, or any other permanent or temporary structures d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area e. dump or store soil, trash, or other waste f. graze or water animals, or use for any agricultural or horticultural purpose This covenant is intended to ensure continued compliance with the Tar- Pamlico Buffer Rules (15A NCAC 213.0259) of the North Carolina Department of Environment and Natural Resources, Division of Water Quality ( "DWQ "), and therefore may be enforced by the DWQ. This covenant is to run with the land, and shall be binding on the Owner, and all parties claiming under it." The permittee shall enforce the terms of the restrictive covenants and shall take no action on the subject site described in the covenants inconsistent with the terms thereof. This requirement excludes riparian areas authorized in accordance with this major variance for impacts in the approval. The permittee shall provide a copy of the recorded restrictive covenants to the WeBSCaPe Unit of DWQ within 15 days of recording the same. If you wish to contest any statement in this Major Variance you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Telephone: (919) 431 -3000, Fax: (919) 431 -3100 Bell Page 4 of 4 - January 17, 2012 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 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)(c)]. Please call Ms. Amy Chapman at (919) 807 -6400 if you have any questions or require copies of our rules or procedural materials. Sincerely, 100 , k(-/Charles Wakild, P.E. C W/kah/asc cc: Amy Adams, DWQ Washington Regional Office File Copy Cathy Cralle Jones, Law Office of F. Bryan Brice, Jr, 5 W Hargett St, Ste 200, Raleigh, NC 27601 File Name: 110074v2_ 216ForteShores (Beaufort)TP_MajorVar ■ Complete Items 1 2 and 3 Also complete item 4 If Restricted Delivery is desired ■ Print your name and address on the reverse so that we can returnthe card to you ■ Attach this card to the back of the mailpiece or on the front If space permits 1 Article Addressed to MR W1LL1A`M BELL 2/3/12 216 FORTE SHORES DR CHOCOWINTY NC 27817 DWQ 1-10074 V2 BEAUFORT COUNTY A. Signature X t", I, ❑ Agent Berved b (Printed erne C Date of Delivery .4 -�-q /.;- D Is delivery address different from Item 1? ❑ Yes If YES enter delivery address below ❑ No 3Service Type "ZrtIfied Mail ❑ress Mail ❑ Registered "blExpum Receipt for Merchandise ❑ Insured Mail ❑ C O D 4 Restricted Delivery? (Extra Fee) ❑ Yes 2 Article nski,Number 7009 2250 0000 8087 2792 (Transfer from service label PS Form 3811 February2004 Domestic Return Receipt 102595.02 M 1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No G-10 • Sender Please print your name address and ZIP+4 in this box • DENR DWQ WeBSCaPe UNIT WETLANDS STORMWATER BRANCH 1650 MAIL SERVICE CENTER FL 9 RALEIGH NC 27699 1650