20081003 Ver 2_Approval Letter_20080806

?O?( NlA"rr- Q Michael F. Easley, Governor
?0 ?i William G. Ross Jr., Secretary
?- North Carolina Department of Environment and Natural Resources
p Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
August 6, 2008
DWQ Project # 08-1003 vs 2
Hyde County
Earl Younce, Jr.
PO Box 7
Avon, NC 27915
Subject Property: Lot F, Jane Blount Heirs Subdivision
Tar-Pamlico Basin, Old Slough, 030308,29-91, SA, HQW
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. Younce:
You have our approval, in accordance with the conditions listed below, to impact approximately 1570
square feet (ft) of Zone 1 and 490 square feet (ft) of Zone 2of the protected riparian buffers for the
purpose of constructing a driveway and dwelling on the subject property as described within your
application dated June 16, 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 LAMA permits. This approval shall expire when the variance expires
on April 11, 20011 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
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
North Carolina Division of Water Quality Internet: h2o.ennstate.nc.us
943 Washington Square Mall Phone: [phone] ?TOne
Washington, NC 27889 FAX [phone] NO hCarohna
n., r--1 n a , ?.,inrr, a AM:- Cro 1-- 6n01. Don rln 11!10% D-4 n Mme. o o. . / llyhIPi 711m
Younce:
Page 3 of 3
I
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)
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 1570 square feet as required
under this Authorization Certificate and 15A NCAC 2B .0260(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 .0260(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.
For accounting purposes, this Authorization Certificate authorizes payment into the Riparian
Buffer Restoration Fund to compensate for 1570 ftzof required riparian buffer mitigation for
impacts to 1570 ftz of protected riparian buffers; 03-03-08 river and subbasin."
4. 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 similar 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 2B .0259.
5. Constructed Stormwater BMP
All stormwater runoff shall be collected from the dwelling in a cistern and land applied on upland
portions of the property in a diffuse manor as described in your application
6. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Authorization (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Buffers 1570 (square ft.) Zone 1 Plat provided with application
490 (square ft.) Zone 2 (No
mitigation required)
7. 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
Younce:
Page 3 of 3
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
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 2B .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,
for Coleen 4u?lrinsr
Enclosures: Certificate of Completion
cc: -ZWQ 401 Oversight/Express Unit
CAMA, Morehead
CAMA, WaRO
File Copy
Central Files
Kendall Turnage, Environmental Professionals, Inc.
PO Box 3368, Kill Devil Hills, NC 27948
Filename: 08-1003 vs 2