20100266 Ver 1_Approval Letter_20100707

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 7, 2010
Brian and Florence Kearney
216 River Road
Arapahoe, NC 28510
Subject Property: 288 River Road, Arapahoe, NC
Neuse River, Neuse River Basin
DWQ Project # 2010-0266
Pamlico County
Page 1 of 2
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr Kearney:
You have our approval, in accordance with the conditions listed below, to impact approximately
750 square feet (ft) of Zone 2 of the protected buffers to construct a residential structure at the
subject property as described within your variance request dated April 7, 2010, and received by
the Division of Water Quality (DWQ) on April 8, 2010. 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 Division of Coastal Management 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, and may be required to seek their
own variance approval. This approval requires you to follow any conditions listed below.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
North Carolina Division of Water Quality Intemet: www.newaterqualitore
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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No impacts (except for"exempt" uses as identified within 15A NCAC 2B.0233 (6)) 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. 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).
3. 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.
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 Neuse River Riparian
Buffer Protection Rules (15A NCAC 2B .0233 (9)(b)). Please call Chris Pullinger of the
Washington Regional Office at 252-948-3920 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.
Sin rely,
Al Hodge, upervisor
Surface Water Protection Section
Washington Regional Office
Enclosures: Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead
File Copy
Filename: 2010-0266

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