HomeMy WebLinkAbout20120085 Ver 1_Approval Letter_20120203��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE Dee Freeman
Governor Director Secretary
February 3, 2012
Mr. Michael Briley
872 Briley Road
Greenville, NC 27834
DWQ Project Exp.# 12 -0085
Beaufort County
Subject Property: Lot #4, Bayside Drive Subdivision
Tar - Pamlico River Basin, Chocowinity Bay (TAR 07, 29- 6 -(5); SB, NSW)
Authorization of Tar - Pamlico River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B .0259(9)(b)]
Dear Mr. Briley:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 575 square feet (ft) of Zone 2 of the protected buffers to construct and relocate
the proposed residential dwelling at the subject property as described within your variance
request dated January 20, 2012 and received by the Division of Water Quality (DWQ) on
February 1, 2012. This letter shall act as your Minor Variance authorization as described within
15A NCAC 2B .0259(9) (b). In addition to this authorization, 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 regulations.
This minor variance authorization shall remain valid until the approved impacts have occurred.
This minor variance authorization is valid for the purpose and design that you described in your
variance 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.
If the property is sold, the new owner is covered by this minor variance authorization and is
thereby responsible for complying with all conditions. The new owner must be given a copy of
this minor variance authorization. The new owners must notify DWQ in writing of the
ownership change.
This authorization requires you to follow any conditions listed below.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for "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.
4010versight/Express Review Permitting Unit
2321 Crabtree Blvd, Suite 250, Raleigh, North Carolina 27604
Phone: 919 - 733 -17861 FAX: 919- 733 -6893
Internet: http: / /portal.nodenr.org /web /wq/ws
An Equal Opportunity l Affirmative Action Employer
NorthCarolina
Naturally
Mr. Michael Briley
Page 2 of 4
February 3, 2012
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 575 square feet of impacts to Zone 2 of the protected
riparian buffers is 863 square feet as required under this variance authorization 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 213 .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
authorization shall occur. Ms. Kelly Williams should be contacted at (919) 716 -1921 if
you have any questions concerning payment into the EEP. For accounting purposes, this
variance authorization authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 863 ft2 of required riparian buffer mitigation for impacts to 575 ft2 of
protected riparian buffers; 03- 02- 01,104 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 authorization. No impacts shall occur
to the protected buffers until the mitigation plan is approved by the DWQ.
3. Erosion & 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 in order to protect surface waters standards:
a. The 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. The 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
proj ect.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
Mr. Michael Briley
Page 3 of 4
February 3, 2012
5. 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 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.
6. Diffuse Flow
An additional condition is that all stormwater (including roof drains) 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).
7. 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 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
If you wish to contest any statement in this Minor 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)- 733 -2698, Facsimile: (919)- 733 -3478
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
Mr. Michael Briley
Page 4 of 4
February 3, 2012
This Minor Variance Authorization 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 Schaller at
252- 948 -3940 if you have any questions or require copies of our rules or procedural materials.
S' cerely,
Al Hodge, Su rvi
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certification of Completion
cc: Emily Jernigan, US Army Corp of Engineers, Washington Field Office
Frank McLawhorn, 2563 Doc Loftin Rd., Ayden, NC 28513
CAMA, WaRO
File Copy
File Name: 12 -0085
AM
NC ERR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
DWQ Project No.: —
Applicant:
Project Name:
Date of Issuance of 401
County:
Water Quality Certification:
Dee Freeman
Secretary
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 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
1, , 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:
It 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 Registration No.
Date
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919 - 733 -17861 FAX: 919 - 733 -6893
Internet: http:l/ h2o.enr.state.nc.us/ncwetlands]
An Equal Opportunily 1 Affirmative Action Employer
NorthCarohna
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