20070726 Ver 1_Approval Letter_20070730

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July 30, 2007
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Coleen Sullins, Director
Division of Water Quality
DWQ Project # 07-0726
Pamlico County
Mr. Edward Kress
9222 Hart Drive
Oriental, NC 28571
FILE COPY
Subject Property: Lot 105, Buccaneer Bay West (Section IV) Subdivision
Oriental, NC
Neuse River Basin
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. Kress:
You have our approval, in accordance with the conditions listed below, to impact approximately 144 square
feet (ft) of Zone I of the protected riparian buffers for the purpose of constructing an accessory building on the
subject property as described within your application dated April 24, 2007, and received in full on May 31,
2007. This letter shall act as your approval for the use of the "General" Major Variance; From the Neuse River
Riparian Buffer Rules for the Construction of 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 shall expire in five years from
the date of this letter.
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 plat thereby assuming responsibility for
complying with all conditions. This approval requires you to follow the conditions listed below.
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.ore
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NorthCarohna
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The Additional Conditions of the Certification are:
1. 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, 943 Washington
Square Mall, Washington, NC 27889.
2. 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 .0259(5).
No new ditching or piping of stormwater through the protected buffers is allowed
3. Buffer Mitigation (EEP/Restoration)
You are required to mitigate for Zone I impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 144 square feet as required
under this variance approval and 15A NCAC 2B .0233.You may 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 .0233, this contribution will satisfy our
compensatory mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the EEP receives and
clears your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts
specified in this variance approval shall occur. The EEP should be contacted at [phone] 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 144 ft2
of required riparian buffer mitigation for impacts to 144 ft2 of protected riparian buffers; 03-04-
10, 27-129-(1) river and subbasin."
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 .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 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
riparian buffer area. For more information, please contact this office. If you choose to pursue this option,
no impacts shall occur to the protected buffers until the mitigation plan is approved by the DWQ.
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 tha7.
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings to:
6714 Mail Service Center, Raleigh, NC 27699-6714. This approval and its conditions are final and binding
unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer
Protection Rules (15A NCAC 2B .0259 (9)(c)). Please contact Chris Pullinger at 252-948-3920 if you have any
questions or require copies of our rules or procedural materials.
S' cerely,
Al odge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Plat (drawing of impacts)
cc: DWQ WaRO Regional Office
U,,SWQ Central Office, Ian McMillan
Central Files
Pamlico County Building Inspections
CAMA Morehead City
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North Carolina Environmental
Mnagement Commission
Division Of Water Quality l?"v Basin Buffer
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FOR REFERENCE SEE
PC A, SLIDE 53-3
THE RATIO OF PRECISION WAS
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