20111076 Ver 1_Complete File_20111228

ArlitA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Larry Hodgkins
Anita Rish- Hodgkins
110 River Road
Washington NC 27889
Coleen H. Sullins
Director
December 28, 2011
Subject Property: 110 River Road, Washington Park
Jacks Creek [TAR07 29 -2; C, Sw, NSW]
Dee Freeman
DWQ Project # 11-1076
Beaufort County
Authorization of Tar - Pamlico River Riparian Buffer Protection Rules Minor Variance 115A
NCAC 2B.0259 (9)(b)]
Dear Mr. & Mrs. Hodgkins:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 126 square feet (ft2) of Zone 2 of the protected buffers to replace an
existing deck and construct a deck extension approximately 8 foot high at the subject
property as described within your variance request dated December 5, 2011 and
received by the Division of Water Quality (DWQ) on December 9, 2011. This letter shall
act as your Minor Variance authorization as described within 15A NCAC 2B .0259 (9) (b) .
In addition to this authorization, 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 regulations.
This variance authorization shall remain valid until the approved impacts have
occurred. This variance authorization is valid for the purpose and design that you
described in your request. If you modify your project in any way, 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 is covered by this minor variance authorization
and is thereby responsible for complying with all conditions. The new owner must be
given a copy of this minor variance authorization. The new owners must notify DWQ in
writing of the ownership change.
This authorization requires you to follow any conditions listed below.
North Carolina Division of Water Quality Internet: www.ncwaterguality.org One
943 Washington Square Mall Phone: 252 - 946 -6481
Washington, NC 27889 FAX 252 - 946 -9215 NorthCarolina
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The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for "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.
3. Buffer Mitigation (On -site Restoration /Enhancement)
You are required to mitigate for impacts to the protected riparian buffers. The
required area of mitigation to compensate for the 126 square feet of impacts to
Zone 2 of the protected riparian buffers is 189 square feet (126 ft2 times 1.5
multiplier for Zone 2 impacts)as required under this variance and 15A NCAC 2B .
0233. The DWQ has determined that you may mitigate for 189 square feet by
planting 1 -3 trees within the retained portions of the protected buffers, this will
satisfy the mitigation requirement. You must ensure their survival for a period of at
least five (5) years. You are required to replace any of these trees that die within
this five (5) year period. You are required to provide proof in writing that the trees
have been planted within one year of the date of this letter. The proof of
plantings shall be submitted to the Wetlands /401 Unit, Washington Regional
Office. If this mitigation is not acceptable or practicable, then you may choose
to make a payment in to the Riparian Buffer Restoration Fund (see below) .
Buffer Mitigation (EEP Option)
You are required to mitigate for impacts to the protected riparian buffers. The
required area of mitigation to compensate for 126 square feet of impacts to Zone
2 of the protected riparian buffers is 189 square feet as required under this
variance authorization 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
authorization shall occur. Ms. Kelly Williams should be contacted at (919) 716-
1921 if you have any questions concerning payment into the EEP. For accounting
purposes, this variance authorization authorizes payment into the Riparian Buffer
Restoration Fund to compensate for 189 square feet of required riparian buffer
mitigation for impacts to 126 square feet of protected riparian buffers; 03- 02 -01 -04
river and subbasin.

Page 3 of 4
4. Vegetation Management
To the greatest extent practicable, the area under the deck should be
maintained in vegetated cover. This may include lawn grasses, shrubbery, or the
like.
5. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent
version of the North Carolina Sediment and Erosion Control Planning and
Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including
contractor -owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
5. No Waste Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre - Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
6. 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) .
7. Certificate of Completion
Upon completion of all work approved within this authorization, and any
subsequent modifications, the applicant is required to return the attached

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certificate of completion to the 401 Oversight /Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699 -1650.
If you wish to contest any statement in this Minor Variance you must file a petition for an
administrative hearing. You may obtain the petition form from the office of
Administrative hearings. You must file the petition with the office of Administrative
Hearings within sixty (60) days of receipt of this notice. A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is
received by the Office of Administrative Hearings within five (5) business days following
the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919)- 733 -2698, Facsimile: (919)- 733 -3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
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 Amy
Adams at 252 - 948 -3917 if you have any questions or require copies of our rules or
procedural materials.
Enclosures: Certification of Completion
cc: DWQ 401 Webscape Unit
File Copy
Brad Horton, Horton Contractor 121 Bath Circle Washington NC 27889
File Name: 11- 1076_Hodgkins_MinVar_approval /aa

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Rc'bENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
DWQ Project No.:
Applicant:
County:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Dee Freeman
Secretary
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 this certificate to the 401 /Wetlands Unit, North Carolina Division
of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ by the applicant,
the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Agent's Certification
Date:
1, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time)
the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date
Registration No.
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N Salisbury St Floor 9 Raleigh North Carolina 27603 One
Phone: 919 - 807 -63011 FAX: 919 - 807 -6494 NorthCarolina
Internet: www.ncwatercluality.org �aturatlr�
An Equal Opportunity 1AffirmativeAction Employer