HomeMy WebLinkAbout20060399 Ver 1_Approval Letter_20060615Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 15, 2006
DWQ Project # 06-0399
Pamlico County
Gaither Champion Jr.
607 Old Friars Rd.
Columbia, SC 29210
CERTIFIED MAIL: #7005
1820 0003 6594 8662
Subject Property: 75 Pecan Ln.
Lot #18
Kennels Beach, NC
Neuse River Basin
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233 (9)(b))
Dear Mr. Silva:
You have our approval, in accordance with the conditions listed below, to impact 728 square
feet (ft2) of Zone 2 of the protected buffers to construct a dwelling on the subject property as
described within your variance request received in full by the Division of Water Quality (DWQ)
on May 15, 2006. These impacts must be in accordance with the plat plan submitted with your
application. This letter shall act as your Minor Variance approval as described within 15A
NCAC 2B .0233(9)(b). In addition to this approval, 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 and Division of Coastal Management
regulations.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us 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 approval and plat
plan and is thereby responsible for complying with all conditions. This approval requires
you to follow any conditions listed below.
North Cazolina Division of Water Quality Internet: www.ncwaterquality.ora
943 Washington Squaze Mall Phone: 252-946-6481 ~TOne
Washington, NC 27889 FAX 252-946-9215 1V 0 Carolina
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper atura!!r~
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for proposed and "exempt" uses as identified within 15A NCAC 2B .0233)
shall occur to Zone 1 of the protected 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 Mitigation (EEP)
Option L•
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 1092 square feet
as required under this variance approval and 15A NCAC 2B .0233. You have the option to make
a payment into the Riparian Buffer Restoration Fund administered by the NC Ecological
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 .0233, this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2B .0233(9)(i)(C). Until the EEP receives and clears your check (made payable to:
DENR -Ecological Enhancement Program Office), no impacts specified in this variance
approval shall occur. The EEP should be contacted at (919) 715-0476 if you have any questions
concerning payment into the EEP.
For accounting purposes, this variance approval authorizes payment into the Riparian
Buffer Restoration Fund to compensate for 1092 ftZ of required riparian buffer mitigation
for impacts to 728 ftZ of protected riparian buffers; 03-04-10, 27-109 river and subbasin."
Option 2:
The DWQ will accept an alternative method of mitigation (including but not limited to Buffer
Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0233) 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 Wetlands/401 Unit/ Washington Regional Office
for review and approval. This plan should include a proposal to plant native species of hardwood
trees with in the ripaiian buffer area. For more information, please contact this office. No
impacts shall occur to the protected buffers until the mitigation plan is approved by the
DWQ.
3. 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).
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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. 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 which conforms to Chapter 150B 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 Minor Variance Approval shall expire five (5) years from the date of this letter.
This letter completes the review of the Division of Water Quality under the Neuse River
Riparian Buffer Protection Rules [15A NCAC 2B .0233(9)(b)]. Please call Kyle Barnes at 252-
948-3917 if you have any questions or require copies of our rules or procedural materials.
Sincerely,
Al Hodge/S pervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Project Plan
cc: DWQ WaRO Regional Office
DWQ Central Office, Cyndi Karoly
Central Files
Pamlico Co; Dept. of Building Inspections
CAMA /Morehead Office
y.
,~
~I
---
_ ~ _. +
~-_~ ~ ~'`
r I j
r` a. 1
I
~~ 4. f ...
f ~` i
s`f~ ~Y ~' _ - ~ 1
..r : ~`:
~eo~, l~ul~ ~~
P.J
Notes:
For Reference See:
DB 146, PG. 109
The Ratio of Precision Was
Calculated at 1:10,000+
~~
~ .~~
~I o
~~
n ~,
11 / ° ~ ~ ~,
i I
~~
No,.orFoo
noovaaa--.
,I
lG I
~, ~
EIP N 06°1 _ _ , I
N~'~"E
This Survey is of an Ezisting Parcel
and does not create a new street or
change an Busting one.
This Survey is subject to any facts
that may be disclosed by a full and
accurate title search.
40..74
s 0z~a~3~ w
---- - ~
Q
4
~~
~~~k
0
a ~-~"
to ! ~o.~~
s!
a
~VED
Bulkhead
OP
• Pine
~~1~
~ ~~
~~
~I€
A~ ~ i
L 'j?~ ~.~ ~ ?~
~ ti ~ j,S~os~ ~s~
~~
Dak
2+~. or Fa®e~r
ra>m swam
EIP
30' It/~T
•,~r ~: ~ ?006
z
~ 4, 18
~L~~li~' ~D'°~t~~
.,.
5S• ~i
`~ ~,. m .`'L .
n^ (. ~ ,~ ti. ~ ~ i,^
.~
fi rL~ ~~ -.
L- .
~' °v~ ~~~G~.,~ mow,
O
~F W A
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
2005
Dear Mr.:
Subject: Stormwater Review SW70
(Project Name)
County
This office received a Coastal Stormwater permit application and plans for the subject project on
. A preliminary review of your project indicates that before a State Stormwater permit can
be issued the following additional information is needed.
(List Items)
The above requested information must be received in this office prior to (actual date 30 days
later or your application will be returned as incomplete. The return of this project will necessitate
resubmittal of all required items including the application fee. If you need additional time to submit the
required information, please mail or fax your request for time extension to this office at the Letterhead
address.
You should also be aware that the Stormwater Rules require that the permit be issued prior to
any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North
Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day.
If you have questions, please feel free to contact me at (252) 948-
Sincerely,
Washington Regional Office
cc: Consulting Engineer
Washington Regional Office
_ 9ne Caz
1V_ rcttur~
North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service
Internet: h2o.enr.state.nc.us 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748
An Equal OpportunitylAffirmative Action Employer- 5Q% Recycled110°k Post Consumer Paper