20090864 Ver 1_Approval Letter_20090917

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 17, 2009
Ocracoke Fire Protection Association, Inc.
Attn: Richard Jacoby
215 Back Road
Ocracoke, NC 27960
DWQ Project # 09-0864
Hyde County
Subject Property: 822 Irvin Garish Highway, Ocracoke, NC
UT to Old Slough, Tar-Pamlico Basin, 030307, 29-91, 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 ManagementAct with Additional
Conditions
Dear Mr. Jacoby:
You have our approval, in accordance with the conditions listed below, to impact approximately
4595 square feet (ft) of Zone 1 and 4125 (ft) of Zone 2 protected riparian buffers for the purpose
of constructing a new fire station on the subject property as described within your application
dated August 4, 2009. 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.
The Additional Conditions of the Certification are:
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Page 2 of 3
1. 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.
2. Buffer Replanting
You are required to replant 2276 (ft) of Zone Iadjacent to the coastal marsh as identified
on plat # Sheet 1 submitted to DWQ on September 15, 2009. Replanting of vegetation
within disturbed areas located within 30 feet of the shoreline or coastal wetland
(whichever is more landward) associated with installation, repair, replacement
and/or maintenance must be done in an "in kind" manner immediately following
construction. (Example: Disturbed areas with pre-existing grassed lawns must be
replanted with grass. Disturbed areas with pre-existing trees or woody vegetation
must be replanted with trees and woody vegetation. Disturbed areas with pre-
existing forest vegetation must be replanted with forest vegetation including at
least two different native hardwood tree species at a density sufficient to
provide 320 trees per acre at maturity. This density can usually be achieved by
planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per
acre.)
3. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained to
flow in a diffuse manner at non-erosive velocities through the entire protected
stream buffers without re-concentrating. If this is not possible it may be necessary
to provide stormwater facilities that are considered to remove nitrogen.
Additionally, a stormwater management plan for this project shall be provided to
this Office before any of the impacts approved herein are conducted. The plan
shall specify all stormwater discharge points, plan details, and calculations to
indicate that diffuse flow through the protected buffers or nitrogen removal as
described above will be achieved.
4. Buffer Mitigation (EEP)
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 2319 square feet as required under this Authorization Certificate and
15A NCAC 2B .0260(buffer mitigation rule). We understand that you wish to
make a payment into the Riparian Buffer Restoration Fund administered by the
NC Ecosystem 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 2B .0260(7)(buffer
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mitigation rule), this contribution will satisfy our compensatory mitigation
requirements under 15A NCAC 2B .0259(10)(buffer protection rule). Until the
EEP receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts specified in this Authorization
Certificate shall occur. The EEP should be contacted at [phone] if you
have any questions concerning payment into the Riparian Buffer Restoration
Fund. You have one month from the date of this approval to make this payment.
For accounting purposes, this Authorization Certificate authorizes payment
into the Riparian Buffer Restoration Fund to compensate for 2319 ft2 of
required riparian buffer mitigation for impacts to 2319 ft2 of protected
riparian buffers; 03-03-08 river and subbasin."
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 .0259 and
15A NCAC 2H.0500.
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 Al Hodge of the
Washington Regional Office at 252-946-6481 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.
Sincer ly,
4leen H. u i
-tp-14-1
Enclosures: Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
USACE, Washington Field Office
CAMA, Morehead
CAMA, WaRO
File Copy
Warren Eadus, Quible and Associates, P.C.
PO Drawer 870, Kitty Hawk, NC 27949 Filename: 09-0864