20120054 Ver 2_Approval Letter_20120514

CDEWR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E Dee Freeman
Governor Director Secretary
May 14 2012
DWQ Project # 2012 00542
Craven County
Flamingo Development LLC
Attn Mr C K Gaskets
1321 Commerce Drive
New Bern NC 28562
Subject Property 1113 Chelsea Road, New Bern
Authorization of Neuse River Riparian Buffer Protection Rules Major Variance [15A NCAC
2B 0233(9)(c)]
Dear Mr Gaskins
You have our authorization in accordance with the conditions listed below to impact
approximately 694 square feet (ft) of Zone 1 of the protected buffers 2 650 and square feet (ft2)
of Zone 2 of the protected buffers to construct the condos at the subject property as described
within your variance request dated April 17 2012 and received by the Division of Water Quality
(DWQ) on April 18 2012 This letter shall act as your Major Variance authorization as
described within 15A NCAC 213 0233(9)(c) 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 authorization is for the purpose and design that you described in your application approved
by the Water Quality Committee of the Environmental Management Commission on May 9
2012 If you change your project you must notify DWQ and you may be required to send us a
new application If the property is sold the new owner(s) must be given a copy of this variance
authorization and is thereby responsible for complying with all conditions This authorization
requires you to follow any conditions listed below This authorization shall expire five years
from the date of this authorization
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
0233 and what is approved in this authorization) shall occur to Zone 1 of the protected
Wetlands Buffers Stonnwater Compliance and Permitting Unit (WeBSCaPe)
1650 Hail Service Center Raleigh North Caiolina 276x9 1650 OnrthCarolina
Phone [phone] FAX [phone] Internet http 1 /portal ncdenr orglviebi\ q vo Nahmally fin Equal Opportunily 1 Affirmative Actin Employ

171amingo Development LLC
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May JA 2012
riparian buffers unless otherwise approved by the DWQ No impervious surfaces shall be
added to Zone 1 unless otherwise approved by the DWQ
2 Buffer N,,it gat o'i (On site Restorat o ^JEnhancer^er ) N ou are required to rlitlga *e for
impacts to the protected riparian buffers The required area of mitigation to compensate
for the 694 square feet of impacts to Zo'ie 1 of the protected riparian buffers and 2,650
square feet of impacts to Zone 2 of the protected riparian buffers is 6,057 square feet as
required under this variance and 15A NCAC 2B 0233 The DWQ has determined that
your proposal to plant 19 trees within the retained portions of the protected buffers will
satisfy the mitigation requirement You mast 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 1 he proof of plantings shall be submitted to the
Wetlands /401 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
6,057 square feet of mitigation as allowed under 15A NCAC 02B 0233 If you choose
to make this payment please contact Amy Chapman in the WeBSCaPe Unit at 919 807
6400 for additional information
3 Written Stormwater Management Plan (Final Plan Needed)
A final written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) shall be submitted to the WeBSCaPe Unit (Mail
Service Center 1650 Raleigh, NC 27699 1650) within 60 days of the date of issuance of
this Mayor Variance authorization The stormwater management plans shall be approved
in writing by this Office before the impacts specified in this authorization occur The
stormwater management plan must include construction plans specifications, stormwater
Best Management Practice (BMP) worksheets and supporting calculations The
stormwater BMPs are required to be designed to remove at least 30% Nitrogen and 85%
TSS according to the most recent version of the NC DENR Stormwater BMP Manual
These facilities must be designed to treat the runoff from the new impervious service in
the protected Neuse buffers Also before any permanent building is occupied at the
subject site the facilities (as approved by this Office) shall be constructed and
operational and the stormwater management plan (as approved by this Office) shall be
implemented The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity No changes to the structural
stormwater practices shall be made without written authorization from the DWQ
4 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

Flamingo Development LLC
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"eta} 14 2012
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
I be devices shall he ma nta-ned or all constr -ction sites borrow sites and waste pile
(spoil) projects including contractor owned or leased borrow pits associated with the
project
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 measimes and implementation must comely with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act
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 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 0233(5)
7 Protective Fencing
The outside buffer wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer wetland or water prior to any land disturbing activities to
ensure compliance with 15A NCAC 2B 0233
8 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
9 Deed Restrictions
C K Gaskets of Flamingo Development LLC (permittee) shall execute and cause to be
recorded in the Craven County Register of Deeds restrictive covenants acceptable to the
DWQ for the purpose of maintaining the riparian buffers as shown on the recorded plat
in their natural state in perpetuity prior to the sale of 1113 Chelsea Road in New Bern
NC

Flamingo Development i LC
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ivlay 14 2012
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 rut mow horn remove or harm any iegetation
c constructor place any roads trails walkways buildings mobile homes signs utility
poles o- towers or any other permanent or ternporar} 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 Neuse Buffer Rules
(15A NCAC 2B 0233) of the DWQ and therefore maybe enforced by the DWQ This
covenant is to run with the land and shall be binding on the (honer 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 accordance with this minor variance for
impacts in approval The permittee shall provide a copy of the recorded restrictive
covenants to the DWQ within 15 days of recording
If you wish to contest any statement in this Mayor 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 OOpm 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 [phone] Fax [phone]
A copy of the petition must also be served on DENR as follows
Mr William Cary General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601

Flamingo Development LLC
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This letter completes the review of the Division of Water Quality under the Neuse River
Riparian Buffer Protection Rules [15A NCAC 2B 0233(9)(c)] Please call Ms Amy Chapman
at 19191 807 AQ00 it yo„ have anv questions or require copies of our ru les or nrocedi,ral
materials
Sincerely
/Charles Waklld P E
CW/asc
Enclosures Certificate of Completion
cc DWQ Washington Regional Office
File Copy
Zachary Taylor PO Box 12006 New Bern NC 28561
I Clark Wright Jr Davis Hartman Wright PLLC 209 Pollock Street New Bern NC
28569
File Name 120054v2_I 1 l3Chelseand(Craven)NBR_MajVar