20001463 Ver 1_Approval Letter_20040123

O? wArMichael F. Easley, Governor
William G. Ross Jr., Secretary
`O? QG North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
f?" Division of Water Quality
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January 23, 20ATLANDS 1401 GROUP
DWQ # 00-1463
JAN 2 9 2004 Hyde County
-'age 1-of 2
Mr. Rodney Mason
POB 81
Ocracoke NC, 27960
WATER QUALITY SECTION
Modification of APPROVAL of Tar - Pamlico River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC
213.0259 (9)(b)j
Dear Mr. Mason:
You have our approval, in accordance with the conditions listed below, to impact approximately 978 square feet (f:2 ) of
Zone 2 of the protected buffers to construct proposed single family dwelling at the subject property as described within
your variance request dated 11-08-00 This modification of your application results in an increase of 678 sq. ft of Zone 2
impacts. This letter shall act as your Minor Variance modification approval as described within 15A NCAC 26.0259 and
(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 only valid 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. For
this approval to be valid, you must follow any conditions listed below.
Conditions:
1. No Zone 1 Impacts
No impacts 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 (WRP)
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 1467 square feet (978 x 1.5 (required mitigation ratio))
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 Wetlands Restoration Program (WRP)
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(7), this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2B.0259(10) and (7) (C). 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 1467 fe of required riparian buffertil9tigation
for impacts to 978 fe of protected riparian buffers; 03-04-02, 27-43-(1) river and subbasin."
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 26 .0259 (5).
NAM
NMENMR
N. C. Division of Water Oualitv 1617 Mail Service Center Raleiah. NC 27699-1617 (9191 733-7015 Customer Service
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
401/Wetlands 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 Tar-Pamlico River Riparian Buffer Protection
Rules [15A NCAC 2B.0259 (9)(b)]. Please call Mr. Tom Steffens at 252-946-6461 if you have any questions or require
copies of our rules or procedural materials.
cc: WaRO Files
v'461 / Buffers unit
Central Files
Since l ,
T tell
DWQ 00-1463