20090055 Ver 1_Approval Letter_20090505

A7
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 5, 2009
Bernard Hollowell
P. O. Box 218
Bayboro, NC 28515
DWQ Project # 2009-0055
Pamlico County
Page 1 of 3
Subject Property: Lot #15, Phase 2, Whittaker Pointe s/d - 3017 Maritime Dr.
Whittaker Creek, Neuse River Basin; 03-04-10; 27-130; SA; HQW; NSW
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B.0233(9)(b)]
Dear Mr. Hollowell:
You have our approval, in accordance with the conditions listed below, to impact
approximately 595 square feet (ft) of Zone 2 of the protected buffers to construct a
single-family dwelling at the subject property as described within your variance request
dated January 13, 2009 and received by the Division of Water Quality (DWQ) on January
.14, 2009. This letter shall act as your Minor Variance approval as described within 15A
NCAC 213 .0233(9)(b). This approval is a renewal of the approval given in DWQ Project
# 2003-1480 issued on January 30, 2004. In addition to this approval, you should obtain
or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control and
Division of Coastal Management regulations.
This approval is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner(s) must be given a copy of this
variance approval and is thereby responsible for complying with all conditions. This
approval requires you to follow any conditions listed below.
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NorthCarohna
Naturally
Page 2 of 3
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 approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Buffers 595 ft (square ft.) west corner of homesite
2. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B
.0233(6)) shall occur to Zone 1 of the protected riparian buffers unless otherwise
approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless
otherwise approved by the DWQ.
2. Buffer Mitigation (NCEEP)
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 892.5 square feet as required under this variance approval and 15A NCAC 213
.0233. If you have previously completed this mitigation requirement as part of your
previously approved variance, please provide this office documentation verifying that
you have met the mitigation requirement. If not, you should contact the Ecosystems
Enhancement Program (NCEEP) to coordinate securing mitigation credits.
The DWQ will also accept an alternative method of mitigation pursuant to the Buffer
Mitigation Rule (15A NCAC 02B .0242) to satisfy this mitigation requirement. If
you choose to pursue this option, then you are required to submit in writing a
mitigation plan to the DWQ 401 Oversight/Express Permitting Unit for review and
approval. No impacts shall occur to the protected buffers until the mitigation plan is
approved by the DWQ.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-
erosive velocities through the protected stream buffers and will not re-concentrate
before discharging into surface waters as identified within 15A NCAC 2B .0233(5).
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
Page 3 of 3
to return the attached certificate of completion to the 401 Oversight/Express
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
5. 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 .0233.
Requests for appeals of this decision shall be made to the Office of Administrative
Hearings. 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 which 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 Minor Variance Approval shall expire five (5)
years from the date of this letter.
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.
Sincerely,
for Coleen H. Sullins
Enclosures: copy of approved plat
Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead
WaRO File Copy
Filename: 2009-0055