20040696 Ver 1_Approval Letter_20040507

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WA~ nnicnaei r. tasiey, Uovernor
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~ Q William G. Ross Jr., Secretary
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~ North Carolina Department of Environment and Natural Resources
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~ Alan W. Klimek, P. E. Director
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' Division of Water Quality
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Coleen H. Sullins, Deputy Director
Division of Water Quality
May 7, 2004
DWG1 # 04-0696
Pamlico County
Page 1 of 2
Warred Gulko
5332 Sun Coast Drive
Wilmington, NC 2841 1-651 2
Subject Property: Lot # 1, Gwaltney Subdivision, 639 Mills Rd., Oriental, NC 28571
Tar Creek [03-04-10, 27-141-4, SA HQW (high quality) NSW (nutrient sensitive)]
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR.VARIANCE [15A NCAC 2B .0233(9)(b)]
Dear Mr. Gulko:
You have our approval, in accordance with the conditions listed below, to impact approximately 1,273 square feet (ftz) of
Zone 2 of the protected buffers to construct the proposed house at the subject property as described within your variance
request dated March 30, 2004 and received by the Division of Water Quality (DWQ) Wetlands/401 Unit on April 27, 2004.
This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(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 CAMA regulations.
This approval is only valid 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 condi#ions. For
this approval to be valid, you must follow any conditions listed below.
Conditions:
1. No Zone 1 Impacts - No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) 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 (On-site Restoration/Enhancement) -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 1,909
square feet as required under this variance and 15A NCAC 26 .0233. The DWQ has determined that you may
satisfy this mitigation requirement by planting at least 14 native woody trees and 28 shrubs within the retained
portions of the protected buffers. You must ensure their survival for a period of at least five (5) years. You are
required to replace any of these trees or shrubs that die within this five (5) year period. You are required to provide
proof in writing that the trees have been planted within one year of the date of this letter. The proof of plantings shall
be submitted to the Wetlands/401 Unit and copied to the Washington Regional Office. If this mitigation is not
acceptable or practicable, then you may choose to make a payment in to the Riparian Buffer Restoration Fund to
compensate for 1,909 square feet of mitigation as allowed under 15A NCAC 02B .0242. If you choose to make this
payment, please contact the Wetlands/401 Unit at 919-733-9726 for additional information.
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 .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 to return the attached
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http:/1h2o.enr.state.nc.us/ncwetlands/

Warren Gulko
Page 2 of 2
May 7, 2004
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
5. Protective Fencing -The outside buffer boundary and along the construction corridor within this boundary
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. This fencing shall be installed prior
to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and this variance approval. The
protective fencing should be removed once construction is complete.
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 1508 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 Mr. Bob Zarzecki at [phone] if you have any questions or require copies
of our rules or procedural materials.
Sincerely,
cc:
Nick Santoro, 36 Old Lupton Road, Merritt, NC 2t
Tom Steffens, DWQ Washington Regional Office
DCM Morehead City District Office
File copy
Central Files
DW Q04696
May 7, 2004
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