20090275 Ver 1_Approval Letter_20090622

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretarv
June 22, 2009
DWQ Project # 2009-0275
Hyde County
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Bill Smithwick
272 Riverside Campground Road
Belhaven, NC 27810
Subject Property: Lot I-11, Rock Lane; Belhaven, NC
Pungo River, Tar-Pamlico River Basin; 03-03-07; 29-34-(5); NSW; SC
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance
[15A NCAC 2B.0250(9)(b)]
Dear Mr. Smithwick:
You have our approval, in accordance with the conditions listed below, to impact
approximately 252 square feet (ft) of Zone 2 of the protected buffers to construct the
open wood-slatted deck at the subject property as described within your variance request
dated March 1, 2009 and received by the Division of Water Quality (DWQ) on March 18,
2009. This letter shall act as your Minor Variance approval as described within 15A
NCAC 2B .0259(9)(b). 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.
Nortn Carolina Division of Water Quality Internet: www.ncwaterauality org
943 Washington Square Mall Phone [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
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The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts ("exempt" uses as identified within 15A NCAC 2B .0259 (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 378 square feet as required under this variance approval and 15A NCAC 2B .0260.
We understand that you wish to make a payment into the Riparian Buffer Restoration
Fund administered by the NC Ecosystem Enhancement Program (NCEEP) 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 NCAC 213
.0260, this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2B .0259(9)(C). Until the NCEEP receives and clears your check (made
payable to: NCDENR - Ecosystem Enhancement Program Office), no impacts
specified in this variance approval shall occur. The NCEEP In-Lieu Fee Program
Coordinator (Ms. Kelly Williams) should be contacted at [phone] if you have
any questions concerning payment into the NCEEP. For accounting purposes, this
variance approval authorizes payment into the Riparian Buffer Restoration
Fund to compensate for 378 ft of required riparian buffer mitigation for
impacts to 252 ft2 of protected riparian buffers; 03-03-07, 29-34-(5) river and
subbasin."
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 the stream as identified within 15A NCAC 2B .02 (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
to return the attached certificate of completion to the 4010versight/Express
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
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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 213 .0259.
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 Tar-Pamlico
River Riparian Buffer Protection Rules (15A NCAC 213 .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.
S' cerely
for Coleen I4 Sullins ??
Enclosures: Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
CAMA, WaRO
WaRO File Copy
Filename: 2009-0275