20080857 Ver 1_Approval Letter_20080703

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Swan Quarter Service Group
Attn: Alice Keeney
30 Oyster Creek Road
Swan Quarter, NC 27885
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 3, 2008
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 08-0857
Hyde County
Subject Property: 56 Landing Road, Swan Quarter, NC
Swan Quarter Bay, Fodrey Cr, 030308, 29-49, SA, ORW
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 Ms. Keeney:
You have our approval, in accordance with the conditions listed below, to impact approximately
800 square feet (ft) of Zone 1 and 400 square feet (ft) of Zone 2 of the protected riparian
buffers for the purpose of constructing a gazebo and walkway on the subject property as
described within your application dated April 28, 2008 and received by the DWQ on May 20,
2008. 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. Certificate of Completion
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] Nor?thCay?rohna
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Swan Quarter Service Group:
Page 2 of 2
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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 Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
2. Diffuse Flow
All new stormwater drainage shall be directed to vegetated areas as diffuse now 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
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 800 square feet
as required under this Authorization Certificate and 15A NCAC 2B .0259 (buffer mitigation
rule). 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 .0259(7)(buffer
mitigation rule), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0259(10)(buffer protection rule). Until the EEP receives and
clears your check (made payable to: DENR - Ecosystem Enhancement Program
Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into
the Riparian Buffer Restoration Fund. You have one month from the date of this approval
to make this payment and provide the DWQ with a copy of the payment receipt. For
accounting purposes, this Authorization Certificate authorizes payment into the
Riparian Buffer Restoration Fund to compensate for 800 ft2 of required riparian
buffer mitigation for impacts to 800 ft2 of protected riparian buffers; 03-03-08 river
and subbasin."
4. No Impacts Beyond those in Application
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.
5. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
Swan Quarter Service Group:
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wetlands, waters and/or buffers approved for impact under this Certification Approval
and Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the
sample deed notification may be modified as appropriate to suit to this project.
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 Tar-Pamlico River
Riparian Buffer Protection Rules (15A NCAC 213.0259 (9)(b)). Please call Kyle Barnes of the
Washington Regional Office at 252-948-3917 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,
A,6-
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosurres: Certificate of Completion
cc: r/DWQ 401 Oversight/Express Unit
CAMA, Morehead
CAMA, WaRO
File Copy
Central Files
Filename: 08-0857