20081307 Ver 1_Approval Letter_20080926

?O?(- I Michael F. Easley, Governor
,y? 6 William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p Y ?' .? Coleen H. Sullins, Director
sT Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
September 26, 2008
DWQ Project # 08-1307
Hyde County
TG Drake, Inc.
Thomas Drake
PO Box 6327
Raleigh, NC 27628
Subject Property: 516 Lighthouse Road, Ocracoke, NC
Pamlico Sound, Tar-Pamlico Basin, 030307, 29-(40.5), SA, HQW
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance 115A
NCAC 2B .0259(9)(b)J
Dear Mr. Drake:
You have our approval, in accordance with the conditions listed below, to impact approximately
723 square feet (ft2) of Zone 2 of the protected buffers to construct a dwelling at the subject
property as described within your variance request dated August 20, 2008 and received by the
Division of Water Quality (DWQ) on August 26, 2008. This letter shall act as your Minor
Variance approval as described within 15A NCAC 2B .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 and CAMA regulations.
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:
1. No Zone 1 Impacts
No impacts (except for the "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.
2. Buffer Mitigation (EEP)
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NofthCarohna
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Page 2 of 3
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 1084.5 square feet
as required under this variance approval and 15A NCAC 2B .0260. 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, 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 variance 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 1084.5 ft2 of required riparian buffer
mitigation for impacts to 723 ft2 of protected riparian buffers; 03-03-07,29-(40.5) river
and subbasin."
The DWQ will also accept an alternative method of mitigation (including but not limited to
Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B
.0260) to satisfy this mitigation requirement. If you choose to pursue this option, then you
are required to submit in writing a mitigation plan to the DWQ 401 Oversight/Express
Permitting Unit for review and approval. No impacts shall occur to the protected buffers
until the mitigation plan is approved by the DWQ.
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 .0259(5). You must provide the DWQ a
copy of a plan indicating as to how your project can achieve diffuse flow before you
start your project.
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 certificate of completion to the 4010versight/Express Permitting Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 59.
Drake
Page 3 of 3

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 213.0259 (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,
_q C6 0-Amalle"
for Coleen H. Sullins
Enclosures: Minor Variance
Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead
CAMA, WaRO
File Copy
Central Files
Troy Beasley, Withers and Ravenel
1410 Commonwealth Drive, Suite 101
Wilmington, NC 28403
Filename: 08-1307