HomeMy WebLinkAbout20081229 Ver 1_Approval Letter_20081104OF W ATF9 Michael F. Easley, Governor
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
November 4, 2008
DWQ Project # 2008-1229
Pamlico County
Marianne Vitelli
7102 Yawl Place
Oriental, NC 28571
Subject Property: Lot 81, Sail Loft s/d; Oriental, NC
Greens Creek, Neuse River Basin; 03-04-10; 27-129-(1); SC; NSW
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. Ellmann:
You have our approval, in accordance with the conditions listed below, to impact 550 square feet (ft) of
Zone 1 and 190 square feet (ft2)2 of the protected riparian buffers for the purpose of constructing a
swimming pool (for therapeutic use) on the subject property as described within your application dated
August 8, 2008, and received in full on November 2, 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, 2011 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. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
a roved including incidental impacts:
Amount Approved Plan Location or Reference
(Units)
Buffers - Zone 1 550 ft (square ft.) see attached plat
Buffers - Zone 2 190 ft2 (square ft.) see attached plat
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally
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Date:
2. No Impacts to Zone 1
No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities
designated as "exempt" within 15A NCAC 02B .0233(6) ), unless otherwise approved by the
DWQ
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.
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 Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. We do not have
any record indicating that we have received your certificate of completion for the original
variance issued for the impacts due to construction of the dwelling.
5. Standard 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:
a. 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. 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. Reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
6. 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 550 square feet as required
under this General Major Variance and 15A NCAC 2B .0242 (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
Applicant:
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Date:
NCAC 2B .0242(7) (buffer mitigation rule), this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2B .0233(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 variance shall occur. The EEP should be contacted at (919) 715-0476 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 General Major
Variance authorizes payment into the Riparian Buffer Restoration Fund to compensate for 550 ft2
of required riparian buffer mitigation for impacts to 550 ft2 of protected riparian buffers; 03-04-
10 (NEU10) river and subbasin."
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 252-948-3920 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.
Si cereIy,
for-Coleen H. Sullins
Enclosures: copy of approved plat
Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead City
Pamlico County Building Inspector
File Copy
Filename: 2008-1229
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