20031508 Ver 2_Approval Letter_20080411

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Depaztment of Environment and Natural Resources
April 11, 2008
Ruth Anne Wilson
PO Box 2493
Manteo, NC 27954
Subject Property:
Coleen H. Sullins, Director
Division ofWaterQuality
Chuck Wakild, P.E., Deputy Director
Division ofWater Quality
DWQ Project # 03.1508 vs 2
Hyde County
Gun Barrel Point Marina
Tar-Pamlico Basin, Silver Lake, 030308, 29-90, SC
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
Dear Ms. Wilson:
You have our approval, in accordance with the conditions listed below, to impact approximately
3800 square feet (ft2) of Zone 1 and 2785 square feet (ft2) of Zone 2 of the protected riparian
buffers for the purpose of constructing a residential dwelling on the subject property as described
within your application dated March 6, 2008. 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 fallow the
conditions listed below.
The Additional Conditions of the Certification are:
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
North Cazolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]$1 One
Washington, NC 27889 FAX [phone] NorthCaxo/l/ina
An Equal OpportunitylAffirmativeAaion Employer - 50% Recycledli0% Post Consumer Paper ~aturq!!~

Wilson
Page 2 of 3
return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Cazolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
2. Diffuse Flow
All new stormwater drainage shall be directed to vegetated azeas as diffuse flow at non-
erosive velocities prior to entering the protected ripazian buffers as identified within 15A
NCAC 2B .0259(5). No new ditching or piping of stormwater through the protected
buffers is allowed.
3. Stromwater Management Plan
Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications
must be noted on the Certification. A modification may be required for those deviations.
At any time if it is determined that the BMP's implemented for this site do not function to
meet the intent of the Tar-Pamlico River Basin Management Strategy 15A NCAC 2B
.0258 then a new plan shall be submitted to the DWQ for approval.
4. Deed Restriction
Language shall be placed in the deed for this property that all commercial use of this
property shall cease. This information needs to be submitted to the DWQ prior to any
occupancy of the proposed dwelling.
5. 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 3 800
square feet as required under this variance approval and 15A NCAC 2B .0259. 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 .0259, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2B .0259(9)(C).
Until the EEP receives and clears your check (made payable to: DENR -Ecosystem
Enhancement Program Office), no impacts specified in this vaziance approval shall occur.
Ms. Susan Klimek should be contacted at [phone] 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
3800 ftz of required riparian buffer mitigation for impacts to 3800 ftz of protected
riparian buffers; 03-03-08, 29-90 river and subbasin."

Wilson
Page 2 of 3
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 Kyle Barnes of the
Washington Regional Office at 252-948-3917 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.
Sincerely,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Project plan
cc: ~WQ 401 Oversight/Express Unit
CAMA, Morehead
CAMA, WaRO
File Copy
Central Files
Kim Williams, Land Management Group, Inc.
PO Box 2522, Wilmington, NC 28402
Filename: 03-1508 vs 2