20081395 Ver 1_Approval Letter_20081124

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 24, 2008
John & Patricia Briguglio
122 Ravenna Way
Carry, NC 27513
Subject Property: Lot #38 Dolphin Point Subdivision
Channel on Pierce Creek, Neuse River Basin
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 08-1395
Pamlico County
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. Briguglio:
You have our approval, in accordance with the conditions listed below, to impact approximately 1,370
square feet (ft) of Zone I and 1,185 ftz of Zone 11 of the protected riparian buffer for the purpose of
constructing a residential dwelling on the subject property as described within your application dated
September 7, 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. 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.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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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.
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 Roberto Scheller of the Washington Regional
Office at 252-948-3940 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.
Sincer ly,
For Coleen . Sullins
Enclosures: Coastal General Variance
Certificate of Completion
cc: Kerryn House, MMI Associates, Inc.
DWQ 401 Oversight/Express Unit
CAMA, Morehead
File Copy
Filename: 08-1395