20110074 Ver 2_Approval Letter_20120202

Beverly Eaves Perdue
Governor
MC®EMR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Waklld P E
Director
February 2 2012
CERTIFIED MAIL
Mr William Bell
216 Forte Shores Drive
Chocowmrty NC 27817
Dee Freeman
Secretary
DWQ Project # 11 00742
Beaufort County
Subject Property 216 Forte Shores Drive Chocowimty
UT to Pamlico River [030307 29 (1) SC NSW]
Dear Mr Bell
The purpose of this letter is to clarify the following two items in your authorization letter from
the Division of Water Quality (DWQ) mailed to your attention on January 17 2012
1 Item 6 in your authorization states Prior to the sale of 216 Forte Shores Drive in
Chocowmity NC the permittee shall remove the temporary pool from the subject
property and restore the footprint of the temporary pool with permanent native ground
cover " The ground cover can be grass since grass was the existing vegetation present in
the buffers at the subject property prior to the effective date of the Tar Pamlico buffer
rules
2 Item 7 Part b of the deed restriction language in the authorization can be modified to
read as follows burn or remove any vegetation
Please call Ms Amy Chapman at [phone] if you have any questions or require copies of
our rules or procedural materials
Wetlands Buffeis Stormwater Compliance and Permitting Unit McBSCaPe)
1650 Mail Service Center Raleigh North Carolina 27699 1650
Phone q19 807 6300 1 FAX [phone]
Internet blip / /portal ncdenr org /web /wq'u
An Equal Opportunity 1 Affirmative Action Employer
Sincerely
i&(—M 4/0—
Charles Wakild P E
NorthCarolina

Bell
Page 2 of 2
February 2 2012
C W/kah/asc
Enclosure Modified Mayor Variance
cc Amy Adams DWQ Washington Regional Office
File Copy
Cathy Cralle Jones Law Office of F Bryan Brice, Jr 5 W Hargett St Ste 200 Raleigh
NC 27601
File Name 110074v2_ 216ForteShores (Beaufort)TP_MajorVar_LTR

DrMR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E Dee Freeman
Governor Director Secretary
February 2 2012
Mr William Bell
216 Forte Shores Drive
Chocowmity NC 27817
DWQ Project # 11 00742
Beaufort County
Subject Property 216 Forte Shores Drive Chocowimty
UT to Pamlico River [030307 29 (1) SC, NSW]
Authorization of Tar-Pamlico River Riparian Buffer Protection Rules Major Variance [15A
NCAC 2B 0259(9)(b)] -Modification
Dear Mr Bell
You have our authorization in accordance with the conditions listed below to impact
approximately 500 57 square feet (ft2 ) of Zone 1 of the protected buffers and square feet (ft2 ) of
Zone 2 of the protected buffers to construct the temporary pool at the subject property as
described within your variance request dated October 25 2011 and received by the Division of
Water Quality (DWQ) on October 28 2011 with additional information received by DWQ on
November 16 2011 and January 10 2012 This letter shall act as your Major Variance
authorization as described within 15A NCAC 213 0259(9)(c) 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 authorization is for the purpose and design that you described in your application approved
by the Water Quality Committee (WQC) of the Environmental Management Commission on
November 16 2011 If you change your project you must notify DWQ 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 authorization and is thereby responsible for complying with all conditions This
authorization requires you to follow any conditions listed below This authorization shall expire
five years from the date of this authorization This authorization replaces the authorization
issued to you dated January 12 2012
The Additional Conditions of the Certification are
1 No Additional Zone 1 Impacts
Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) One
1650 Mail Service Center Raleigh North Carolina 27699 1650
Phone [phone] FAX [phone] NorthCarohna
Internet http / /portal ncdenr org /web /wq /ws NuAlidi4 An Equal Opportunity 1 Affirmative Action Employee

Bell
Page 2 of 4
February 2 2012
No additional impacts (except for exempt" uses as identified within 15A NCAC 2B
0259 and what is approved in this authorization) 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 (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 500 57 square feet of impacts to Zone 1 of the protected riparian buffers is 1,503
square feet as required under this variance and 15A NCAC 2B 0259 The DWQ has
determined that your proposal labeled Exhibit F' in your mayor variance package and
the plan sheet handed to DWQ staff at the WQC meeting on November 16, 2011 to plant
11 trees within the retained portions of the protected buffers 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 WeBSCaPe Unit
If this mitigation is not acceptable or practicable then you may choose to make a
payment in to the Riparian Buffer Restoration Fund to compensate for 1,50171 square
feet of mitigation as allowed under 15A NCAC 02B 0259 If you choose to make this
payment please contact Amy Chapman at the WeBSCaPe Unit at 919 807 6400 for
additional information r
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
4 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)
5 Certificate of Completion
Upon completion of all work approved within this authorization and any subsequent
modifications the applicant is required to return the attached certificate of completion to
the WeBSCaPe Unit North Carolina Division of Water Quality 1650 Mail Service
Center Raleigh NC 27699 1650
6 Pool Remo ial
Prior to the sale of 216 Forte Shores Drive in Chocowimty NC the permittee shall
remove the temporary pool from the subject property and restore the footprint of the
temporary pool with permanent ground cover such as grass The permittee shall provide

Bell
Page 3 of 4
February 2 2012
a letter to the WeBSCaPe Unit of DWQ stating the pool has been removed and how the
footprint of the temporary pool has been restored prior to the final sale of the subject
property
7 Deed Restrictions
Mr William Bell (permittee) shall execute and cause to be recorded in the Beaufort
County Register of Deeds restrictive covenants acceptable to the DWQ for the purpose of
maintaining the riparian buffers as shown on the recorded plat for 216 Forte Shores
Drive in their natural state in perpetuity prior to the sale of 216 Forte Shores Drive in
Chocowmity, NC
No person or entity shall perform any of the following activities on such buffer
conservation area
a fill grade excavate or perform any other land disturbing activities
b burn or remove any vegetation
c construct or place any roads trails walkways buildings mobile homes signs utility
poles or towers or any other permanent or temporary structures
d drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation
area
e dump or store soil trash or other waste
f graze or water animals or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the Tar Pamlico Buffer
Rules (15A NCAC 2B 0259) of the DWQ and therefore may be enforced by the DWQ
This covenant is to run with the land and shall be binding on the Owner and all parties
claiming under it'
The permittee shall enforce the terms of the restrictive covenants and shall take no action
on the subject site described in the covenants inconsistent with the terms thereof This
requirement excludes riparian areas authorized accordance with this mayor variance for
impacts in approval The permittee shall provide a copy of the recorded restrictive
covenants to the WeBSCaPe Unit of DWQ within 15 days of recording
If you wish to contest any statement in this Mayor 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 OOpm, 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

Bell
Page 4 of 4
February 2 2012
Raleigh NC 27699 6714
Telephone [phone] Fax [phone]
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
Ripanan Buffer Protection Rules [15A NCAC 2B 0259(9)(c)] Please call Ms Amy Chapman
at [phone] if you have any questions or require copies of our rules or procedural
materials
Sincerely, ,1
Charles Wakild, P E
Director
CW/kah/asc
cc Amy Adams DWQ Washington Regional Office
File Copy
Cathy Cralle Jones Law Office of F Bryan Brice Jr 5 W Hargett St Ste 200 Raleigh
NC 27601
File Name 110074v2_ 216ForteShores (Beaufort)TP_MajorVar_Mod