20080493 Ver 1_Approval Letter_20080417

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Mr. Landon Shuff
11415 Fenner Road
Rocky Mount, NC 27804
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 17, 2008
DWQ Project # 2008-0493
Nash County
Subject Property: Thorp Residence, Lots 4 & 5 Southern Blvd, Rocky Mount, NC
UT to Goose Branch [030302, 28-70, C, NSW]
Authorization of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B .0259(9)(b)]
Dear Mr. Shuff:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 375 square feet (ft2) of Zone 2 of the protected buffers to construct a residence
and rain garden at the subject property as described within your variance request dated March 13,
2008 and received by the Division of Water Quality (DWQ) on March 14, 2008, with additional
information received by DWQ on Apri12, 2008. This letter shall act as your Minor Variance
authorization as described within 15A NCAC 2B .0259(9)(b). In addition to this authorization,
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.
This authorization 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 authorization
and is thereby responsible for complying with all conditions. This authorization requires you
to follow any conditions listed below. This authorization shall expire five years from the date of
this authorization.
The Additional Conditions of the Certification are:
I . No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .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.
401 OversightlExpress Review Permitting Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]ntemet: httt)~//h2o.enr.state.nc.us/ncwetlands
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Mr. Landon Shuff
Page 2 of 4
April 17, 2008
Mitigation:
2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. Per
correspondence from you dated Apri12, 2008, we understand that you have agreed to
provide 1.5:1 buffer mitigation for proposed Zone 2 buffer impacts and wish to make a
payment to the Wetlands 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 and
additional mitigation commitment. 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 (919) 733-
5205 if you have any questions concerning payment into a restoration fund. You have 60
days from the date of this approval to make this payment. For accounting purposes,
this Authorization Certificate authorizes payment into the Wetlands Restoration
Fund to meet the following compensatory mitigation requirement:
T e of Im act Com ensator Miti ation Re uired River and Sub-basin Number
Buffers 563 (s uare feet Tar-Pamlico/03020101
3. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of

Mr. Landon Shuff
Page 3 of 4
April 17, 2008
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
5. 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 .0259(5).
6. 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.
7. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time lots or
properties are recorded. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the
sample deed notification may be modified as appropriate to suit to this project.
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 authorization, 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 authorization and its conditions are final and binding unless you ask for a
hearing. This Minor Variance Authorization 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 .0259(9)(b)]. Please call Ms. Amy Chapman

Mr. Landon Shuff
Page 4 of 4
April 17, 2008
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Enclosures: Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
David Hooper, 1015 Edgewood Ave, Burlington, NC 27215
File Copy
Central Files
Ward Marotti, W.K. Dickson, 720 Corporate Center Drive, Raleigh, NC 27607
File Name: 080493ThorpResidence_Lots4and5_SouthernBlvd(Wake)Minvar

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 1 SA NCAC 2H.0500, Mr. Landon Shuff has permission as outlined below to fill or otherwise
impact approximately 375 square feet (ftz) of Zone 2 of the protected buffers in the Tar-Pamlico, as described within
your variance request dated March 13, 2008 and received by the Division of Water Quality (DWQ) on March 14,
2008, with additional information received by DWQ on April 2, 2008, to construct a residence and rain garden at the
subject property which is located on Lots 4 and 5, on Southern Boulevard, in Rocky Mount, Nash County, North
Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the
attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20080493
LOCATION: Rocky Mount
COUNTY Nash
BASIN/ SUB BASIN Tar-Pamlico/03020101
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
375 S uare Feet of Zone 2 Buffers 563 S uare Feet of Zone 2 Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 080493ThorpResidence_Lots4andS_SouthemBlvd(Wake)Min Var_EEP
Noe Carolina
401 Oversight/Express Review Permitting Unit ~tllCally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterqualiTy.org
An Equal Opportunity/Affirmative Action Employer - SO% Recycled/10% Post Consumer Paper