20072115 Ver 1_Approval Letter_20080228

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
February 28, 2008
Richard and Deborah Rodenhouser
15 Harris Circle
Newark, Delaware 19711
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 2007-2115
Pamlico County
Subject Property: Lot #91; Oriental Plantation -Section 1(371 Winding Creek Dr. -Oriental)
Smith Creek, Neuse River Basin - SC; HQW, NSW; 27-129-7-(11}
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. and Mrs. Rodenhouser:
You have our approval, in accordance with the conditions listed below, to impact approximately 420
square feet (ft2) of Zone 2 of the protected riparian buffers for the purpose of constructing asingle-family
residence on the subject property as described within your application dated December 12, 2007. This
letter shall act as your 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 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 when the variance expires on April 11, 2006 unless the
variance is renewed before that time by the EMC.
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 is thereby responsible for
complying with all conditions. This approval requires you to follow the conditions listed below.
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
.0259(6)) 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
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Squaze Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAffirmativeRction Employer- 50% Recycled110% Post Consumer Paper
NorthCarolina
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Applicant:
Page 2 of 2
Date:
2. 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 OversightBxpress Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. 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
.0233(5). No new ditching or piping of stormwater through the protected buffers is allowed.
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 that 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 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 Chris Pullinger of the Washington Regional
Office at [phone] or Amy Chapman of the DWQ 401 Oversight/Express Unit at 919-715-6823 if
you have any questions or require copies of our rules or procedural materials.
Sincerely,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: approved plat of the property
Certificate of Completion
cc: DWQ 401/Wetlands Oversight/Express Unit
CAMA, Morehead City
CAMA, WaRO
Pamlico County Building Inspector
WaRO File Copy
Central Files
Filename: 2007-2115