20090888 Ver 1_Approval Letter_20090828

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
August 28, 2009
Natural Resources
Dee Freeman
Secretary
DWQ EXPRESS #09-0888
Pamlico County
Mr. Berry Burgan
Post Office Box 1465
Ocracoke, NC 27960
Subject Property
Burgan Property at 34 Cutten Sage Lane
Pamlico Sound, Tar-Pamlico River Basin
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance
115A NCAC 2B.0259(9)(b)]
Dear Mr. Burgan:
You have our approval, in accordance with the conditions listed below, to impact
approximately 18 square feet (ft) of Zone II of the protected buffers to construct single
family residence at the subject property as described within your variance request dated
August 15, 2009, and received by the Division of Water Quality (DWQ) on August 18,
2009. This letter shall act as your Minor Variance approval as described within 15A
NCAC 213 .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 regulations.
Please note that the impacts from the present stair landing, heat pump pad, and a 6.2 foot
by 2.7 foot impervious area, all proposed to be removed, were applied towards the Zone
II impact reducing it to 18 square feet.
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.
The Additional Conditions of the Certification are:
North Carolina Division of Water Quality Internet: www.ncwalerqualily.ora
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 PAX 252-946-9215 NorthCarofiina
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Mr. Barry Burgan
August 28, 2009
Page 3 of 3
Permitting 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 Tar-Pamlico
River Riparian Buffer Protection Rules (15A NCAC 2B .0259 (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.
A'incerely,
t.
For Coleen . Su ms
Enclosures: Minor Variance
Certificate of Completion
cc: Daphne Bennink, Ocracoke Lightship Realty
DWQ 401 Oversight/Express Unit
File Copy
Filename: 09-0888
YXXI
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401
Water Quality Certification:
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 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
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:
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
1, , 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 Permitee 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
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
County:
Dee Freeman
Secretary
Registration No.
One
NorthCarohna
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