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HomeMy WebLinkAbout20141148 Ver 3_Approval Letter_20170530Water Resour(cs May 30, 2017 Peter Warlick 6131 Boca Raton Drive Dallas, TX 75230 ROY ('00PER MIC:IIAFL S R1 GAN S. JAY Z1MMERMA"1 DWR # 14-1148 v3 Hyde County Subject: Major Variance Approval of Tar -Pamlico Riparian Buffer Impacts with Additional Conditions 74 Northpointe Road, Ocracoke Dear Mr. Warlick: You have our approval for the impacts listed below for the purpose described in your application dated March 9, 2017, received by the Division of Water Resources (Division) March 10, 2017, with subsequent information on May 1, 2017. This letter shall serve as your Major Variance approval with conditions as authorized in 15A NCAC 02B .0259 (9)(c)(ii). This letter only addresses the major variance from the buffer rules and does not approve any activity within Waters of the United States or Waters of the State. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the following conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B.0259(8)] Type of Impact Amount Approved (u nits) Permanent Amount Approved (units) Temporary Buffers —Zone 1 Site 1 368 (square feet) 0 (square feet) Buffers — Zone 2 Site 1 104 (square feet) FO (square feet) State oFNorth Carolina I Environmental Quality ! Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 i MA_4 ms= Mr. Peter Warlick Major Variance Approval DWR # 14-1148 v3 Page 2 of 4 2. No additional impacts other than exempt uses as identified within 15A NCAC 02B .0259 shall occur within the protected riparian buffer unless approved by the Division. 3. Stormwater Management Plan a. All stormwater from the new roof enclosure must be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into the sound. b. Stormwater from the new roof enclosure shall not be directed toward the septic system drain field located on the property. 4. 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 waters standards [15A NCAC 02B .0200]: 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. 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 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. C. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 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. [15A NCAC 2B .0233] Mr. Peter Warlick Major Variance Approval DWR # 14-1148 v3 Page 3 of 4 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 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. 7. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Major Variance. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this approval letter and is responsible for complying with all conditions. [15A NCAC 02B .0259(c)(ii)] 8. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion (available at: http-.de .nc_pov about divisions water -resources water- . � _1--------_�_--1--- resourcesrermits/wastewater_.branch140-1_-wetlands buffer s:7ermits/401_appli-cation- forri-is-help documents. 9. This approval grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours. This approval and its conditions are final and binding unless contested. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Major Variance can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Mr. Peter Warlick Major Variance Approval DWR # 14-1148 v3 Page 4 of 4 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC .0259. Please contact Jennifer Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or concerns. cc: DWR RRO 401 file DWR 401 & Buffer Permitting Branch file Filename: 141148v3WarlickResidenceon0cracoke(Hyde)_TAR_MJV