20081605 Ver 1_Approval Letter_20090302

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NCU R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 2, 2009
George and Nannette Kean
78 Cabana Road
Belhaven, NC 27810
DWQ Project # 2008-1605
Beaufort County
Subject Property: Lot 14, Spring Creek s/d; Aurora, NC
Betty Creek, Tar-Pamlico River Basin; 03-03-07; 29-33-11-6; NSW, 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. and Mrs. Kean:
You have our approval, in accordance with the conditions listed below, to impact approximately
2300 square feet (ft) of Zone 2 of the protected riparian buffers for the purpose of constructing a
residence on the subject property as described within your application dated October 15, 2008,
and received by DWQ on October 21, 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.
North Carolina Division of Water Quality Internet: www.ncwaterqualit,org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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The Additional Conditions of the Certification are:
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 approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Buffers - Zone 2 2300 ft (square ft.) n/a
2. 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.
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. 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. 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 .0259), unless otherwise
approved by the DWQ.
6. 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.
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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.
7. No Impacts Beyond those in the Application
No wastes, 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.
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 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.
Sincerely,
...?. d '' V
for Coleen H. Sullins
Enclosures: Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
CAMA, WaRO
WaRO File Copy
Filename: 2008-1605