HomeMy WebLinkAbout20060241 Ver 1_Complete File_20060317
July 25, 2006
401/Wetlands Unit
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
To Whom It May Concern:
In compliance with approval of my variance I am enclosing the Certification of
Completion. Please let me know if there is anything else needed.
Sincerely,
Terry Harkins
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FAIRWAY OUTDOOR ADVERTISING
2105 CAPITAL DR., SUITE 600 • WILMINGTON, NC 28405
TELEPHONE: 910-343-1900 • FAX: 910-799-7415 • www.FAIRWAYOUTDOOR.COM
Certification of Completion
DWQ Project No.: L, County:
I P
Applicant: ?'i IY WC1 V1 O Y1 IA N - U i ?-?-? S ? n
Project Name: < ? k?J q?1?c - ?
Date of Issuance of Isolated Wetland Permit:
7
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Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I,? ?EC?/ v? , hereby state that, to the best of my abilities, due care and diligence was
used in the nervation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: _ ? ? L-- Date: 11)-!5 0 ?a
Agent's Certification
1, hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Registration No. Date
113UL
2 ? 2006
ylE D S k4D STC?RMWAXER BRANCH
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March 15, 2006
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0241
Pitt County
Mr. Terry Harkins
2105 Capital Dr.
Suite 600
Wilmington, NC 28405
Subject Property: Stanton Road, adjacent to Parker Creek
Greenville, NC
Tar-Pamlico River Basin
Certified Mail: # 7003 3110 0002 0608 7969
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Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A NCAC 02B.0259
(9)(b)]
Dear Mr. Harkins:
You have our approval, in accordance with the conditions listed below to construct an advertising sign on the
subject property. This letter shall act as your Minor Variance approval as described within 15A NCAC 02B
.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.
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 plat of the proposed impacted area and is
thereby responsible for complying with all conditions. This approval requires you to follow any conditions
listed below.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for proposed and "exempt" uses as identified within 15A NCAC 02B .0259 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.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481 ta Washington, NC 27889 FAX 252-946-9215 Cayrro/ U aIl/ina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper P
2. Buffer Mitigation (EEP)
The required area of mitigation to compensate for impacts to the protected riparian buffers is 14 square
feet as required under this variance approval and 15A NCAC 02B .0260(3)(b)(ii)
You have the option to make a payment into the Riparian Buffer Restoration Fund administered by the
NC Ecological 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 NCAC 02B .0259, this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 02B .0259(10)(b). Until the EEP receives and clears your check (made payable to: DENR -
Ecological Enhancement Program Office), no impacts specified in this variance approval shall occur.
The EEP should be contacted at (919) 715-0476 if you have any questions concerning payment into the
EEP. For accounting purposes, this variance approval authorizes payment into the Riparian
Buffer Restoration Fund to compensate for 14 ft2 of required riparian buffer mitigation for
impacts to 9 ft2 of protected riparian buffers; 03-03-05, 28-95 river and subbasin."
The DWQ will accept an alternative method of mitigation (including but not limited to Buffer
Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0260)(9) 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 Wetlands/401 Unit/ Washington Regional Office 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 the stream as
identified within 15A NCAC 02B .0259(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 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
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 02B.0259(9)(b)]. Please call Kyle Barnes at 252-948-3917 if you have any
questions or require copies of our rules or procedural materials.
Sincerely,
L.
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Plat of Property
cc: DWQ WaRO Regional Office
DWQ Central Office, Ian McMillan
Central Files
Pitt Co; Dept. of Building Inspections
CAMA Morehead
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Fairway Outdoor Advertising Location Diagram
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OFFICE USE ONLY: Date Received ll_l r;;! ^ r-,Rem, n
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State of North Carolina MAR l006
Department of Environment and Natural Resources
Division of Water Quality DENR-WATER QuAuTr
WETLANDS AND STOWWATER BRANCH
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form maybe photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
V/Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 0213.0259)
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Ap licant's name (the corporatyyion, individual, etc. who owns the property):
r? ? YLt14 OIA 4 r y'-3') r A <V ?J r aA4 ; < .', _ 'i., z-
2. Print Owner/Signi
Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
3.
I (person legally responsible for the property and its compliance)
Contact person who can answer questions about the proposed project:
Name: I < ,r/-\ Ede-ik- , -5
Telephone: 3r 3 -- I1? '' _ T
Fax: (_ iZ Q -1Q_..__ I' i
Email: - rr? , h?yk, n s -?G ?rw41
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4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans. specification , letters operation and maintenance agreements, etc.):
Version 2: November 2002
5. Project Location: ,
Street address: J kr __ b ,.`!?o_
City, State, Zip:
County: - -
Latitude/longitude: C
6. Directions to site from nearest major intersection (Also, attach an 8 %2 x 11 copy of the USGS
topographic map indicating th/er locatjon of the site):
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7. Stream to be impacted by the proposed activity:
St am name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: C; tTJ :L 1
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
------- NPDES Permit (including stormwater)
Non-discharge Permit
_______ Water Supply Watershed Variance
? if ?? N j Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in fe.]: l1f !t 1 {/?? ?? _ 4 _
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2. State reasons why this plan for the proposed activity cannot be practically accomplished,
re uced or reconfigured to better immize r eliminate disturbance to the riparian buffers:
Variance Request Form, page 2
Version 2: November 2000
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
k 1" f_." t r i? iVVL 7! T"--? [??v
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4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
(3) If economic hardship is the major consideration, then include a specific explanation of the
eco omic hardships and the proportion of the hardship to the entire value of the project.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
I, ?{ r r °? ?? -R v t (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
p. ?
Signature:
------------
Date: .?
Title: - r1:m t ! n 1. _.
__ -
Variance Request Form, page 4
Version 2: November 2000
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