20080475 Ver 1_Approval Letter_20080512

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Benjamin R. Beachum
6052 Emma Cannon Road
Ayden, NC 28513
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
May 12, 2008
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 2008-0475
Beaufort County
Page 1 of 1
Subject Property: Lot 51, Portside Mobile Home Retreat, Section Three
UT to Pamlico River, Tar-Pamlico River Basin (SC; NSW; 29-6-(5))
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B.0259(9)(b)]
Dear Mr. Beachum:
You have our approval, in accordance with the conditions listed below, to impact approximately
358 square feet (ft) of Zone 2 of the protected buffers to construct a single-family residence at
the subject property as described within your variance request dated March 12, 2008 and
received by the Division of Water Quality (DWQ) on March 14, 2008. This letter shall act as
your Minor Variance approval as described within 15A NCAC 213 .0259(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 (CAMA) 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 is
thereby responsible for complying with all conditions. This approval requires you to follow
any conditions listed below.
The Additional Conditions of the Certification are:
6. No Zone 1 Impacts
No impacts (except for "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 Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper Naturally
Beachum
Page 2 of 3
May 12, 2008
2. Buffer Mitigation (EEP)
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 537 square feet as
required under this variance approval and 15A NCAC 2B .0260. 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 .0260, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2B .0260. 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. Ms. Susan Klimek 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 537 ft2 of required riparian buffer
mitigation for impacts to 358 ft2 of protected riparian buffers; 03-03-07, 29-6-(5) 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
.0260) 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 approval. 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 .0259(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 Oversight/Express Permitting Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Erosion and 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 water standards:
Beachum
Page 3 of 3
May 12, 2008
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
Planning and Design 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 project.
6. 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 similarly 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 213.0259
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 Tar-Pamlico River Riparian
Buffer Protection Rules (15A NCAC 2B .0259 (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.
iNncerely,
o e/ e o
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
copy of approved plat
cc: DWQ 401 Oversight/Express Unit
CAMA, WaRO
DWQ WaRO File Copy
Central Files
Filename: 2008-0475