20030549 Ver 1_Approval Letter_20030624

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
June 24, 2003
DWQ Project # 03-0697
Hyde County
Earl Younce
P.O. Box 7
Avon, NC 27960
Subject Property: Lot F, Bryant Heirs Subdivision, Private Drive off Odd Fellows Rd., Ocracoke, NC 27960
Old Slough (Pamlico Sound) [03-03-07; 29-91, SA HQW (high quality))
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 Mr. Younce:
You have our approval, in accordance with the conditions listed below, to impact 3,644 square feet (ft) of the protected
riparian buffers for the purpose of constructing a single family residence and driveway on the subject property as
described within your application dated May 27, 2003. 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, 2006 unless it is renewed before that time by the EMC.
This approval is only valid 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. For this
approval to be valid, you must follow the conditions listed below.
Conditions:
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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
2. Diffuse Flow
All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-erosive velocities
prior to entering the protected riparian buffers as identified within 15A NCAC 2B .0259(5). No new ditching or
piping of stormwater through the protected buffers is allowed.
3. Buffer Mitigation (WRP)
You are required to mitigate for impacts to Zone 1 of the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 3,644 square feet as required under
the General Variance. We understand that you wish to make a payment into the Riparian Buffer Restoration
Fund administered by the NC Wetlands Restoration Program (WRP) to meet this mitigation requirement. This
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://h2o.enr.state.nc.us/ncwetiands/
Page 2 of 2
has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance
with 15A NCAC 2B .0260(7), this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2B.0259(9) and the General Variance. Until the WRP receives and clears your check (made
payable to: DENR - Wetlands Restoration Program Office), no impacts specified in this variance approval
shall occur. Mr. Ron Ferrell should be contacted at [phone] if you have any questions concerning
payment into the WRP. For accounting purposes, this variance approval authorizes payment Into the
Riparian Buffer Restoration Fund to compensate for 3.644 ft2 of required riparian buffer mitigation for
Impacts to 3.644 ft2 of protected riparian buffers; 03-03-08 river and subbasin, 29-91 stream Index
number."
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 213.0259 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Ms. Tom Steffens at 252-946-6481
if you have any questions or require copies of our rules or procedural materials.
Alan W. Klimek, P.E.
Director, DWQ
Attachments: Coastal General Variance
Certificate of Completion
cc: George Wood, Environmental Professionals, Inc., P.O. Box 3368, Kill Devil Hills, NC 27948
Tom Steffens, DWO Washington Regional Office
Ron Ferrell, Wetlands Restoration Program (WRP)
DCM Morehead City District Office, 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC 28557
File copy
Central Files
DWQ Project No. 03-0549
June 24, 2003
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Sincerely,

O'OF
W A TF- Y G Michael F. Easley
;000W1ft-% ??
Governor
r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
Variance Approval
SUMMARY OF APPROVED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2B .0259, Mr. Younce has permission as outlined below and within the attached
variance approval to impact buffers for the purpose(s) of constructing a home and driveway. All activities associated with
these authorized impacts must be conducted with the conditions listed in the variance approval. THIS VARIANCE
APPROVAL IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
DWQ [OR DELEGATED LOCAL GOVERNMENT] Project No. 03-0549
APPROVAL DATE: June 24, 2003
LOCATION: Lot F, Bryant Heirs Subdivision, Private Drive off Odd Fellows Rd., Ocracoke, NC 27960
COUNTY: Craven
BAS I N/S U BBAS I N : 03-03-07
STREAM INDEX NO.: 29-91
As required by 15A NCAC 2B .0259 and the conditions of the variance approval, you are required to compensate
for the above impacts through the restoration or enhancement of buffers as outlined below prior to conducting any
activities that impact or degrade the waters of the state.
3,644 square feet of riparian buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0259. If you choose this option, please sign this form
and mail it to the WRP at the address listed 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 HAVE
RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WRP.
Signature
WETLANDS RESTORATION PROGRAM (WRP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
Date
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://h2o.enr.state.nc.us/ncwetlands/