20111125 Ver 1_Approval Letter_20120223

NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Richard H Norwood Jr
2020 Fernwood Way
Henderson NC 27536
Division of Water Quality
Charles Wakdd PE
Director
February 23 2012
Subject Property Norwood — 2020 Fernwood Way
UT to Red Bud Creek [030301 28 17 2 3, C NSW]
Dee Freeman
Secretary
DWQ Protect # 11 -1125
Vance County
Authorization of Tar - Pamlico River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B 0259(9)(b)] and Tar - Pamlico River Buffer Rule [15A NCAC 02B 0259(8)]
Authorization Certificate with additional conditions
Dear Mr Norwood
You have our authorization in accordance with the conditions listed below, to impact approximately
6,060 ft2 of Zone 2 of the protected buffers for a house and shed and 9,090 ft2 of Zone 1 of the protected
buffers for a driveway at the subject property as described within your variance request dated October
24 2011 and received by the Division of Water Quality (DWQ) on December 20 2011 and additional
information received by DWQ on February 2 2012 This letter shall act as your Minor Variance
authorization as described within 15A NCAC 2B 0259 (9)(b) for the house and shed impacts to Zone 2
of the protected buffers This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B 0259(8) for the parallel driveway (road) impacts to Zone 1 of the
protected buffers 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 This buffer
authorization/minor variance is only authorizing 15,150 square feet of protected buffers where the
footprint of the house, shed and driveway occupy 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
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone]
Internet www ncwaterquality org 1628 Mail Service Center Raleigh NC 27699 1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50 / Recycled/10 / Post Consumer Paper
NonehCarohna
�Iyaturallly
Customer Service
877 623 6748

Page 2
The Additional Conditions of the Certification are
1 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 This buffer
authorization is only authorizing 9,090 square feet of Zone 1 of the protected buffers that
occupies the footprint of the driveway The areas of Zone 1 where woody vegetation has
been removed but was not approved as a part of this buffer authorization must be
replanted with 2 hardwood native tree species at a density of 320 trees /acre You are
required to provide proof in writing that the trees have been planted within one year of the
date of this letter You must ensure the survival of these trees for a period of at least five
(5) years
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 6,060
square feet of impacts to Zone 2 of the protected riparian buffers is 9,090 square feet as required
under this variance and 15A NCAC 2B 0259 The required area of mitigation to compensate for
the 9,090 square feet of impacts to Zone 1 of the protected riparian buffers is 27,270 square feet
as required under this buffer authorization and 15A NCAC 2B 0259 The DWQ understands
that you wish to plant 201 trees within the retained portions of the protected buffers which will
not satisfy the mitigation requirement You must plant at least 267 trees within the retained
portions of the protected buffers to satisfy the mitigation requirement The 267 trees must be
planted These plantings (267) are in addition to the planting required to resolve the
violation cited above in Condition No 1 You must ensure the survival of these trees for a
period of at least five (5) years You are required to replace the trees if they 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 and DWQ Raleigh Regional Office If this mitigation is not acceptable or
practicable (given the buffer constraints due to remaining usable buffer Zone 2 on the
property) then you may choose to make a payment in to the Riparian Buffer Restoration Fund
to compensate for 36,360 square feet of mitigation as allowed under 15A NCAC 02B 0259 If
you choose to make this payment please contact the EEP for additional information
4 Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
goverrung 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

Page 3
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) If any pipes are discharging
straight through the buffer into the stream on your property you must remove the pipes
and direct the flow outside the buffer at non - erosive velocities Once the pipes have been
removed the area must be reseeded (and matted if necessary) to prevent in- stream
sediment and bank instability
7 Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer wetland or water prior to any land disturbing activities to ensure compliance
with 15A NCAC 2B 0500
8 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

Page 4
9 Deed Restrictions
Richard H Norwood Jr (permittee) shall execute and cause to be recorded in the Vance County
Register of Deeds restrictive covenants acceptable to the DWQ for the purpose of maintaining
the riparian buffers as shown on the recorded plat (insert title and date), in their natural state in
perpetuity, prior to the sale or conveyance of 2020 Fernwood Way, Henderson NC 27536
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 cut, mow, burn, remove, or harm 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 maybe 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 minor variance for impacts in approval
The permittee shall provide a copy of the recorded restrictive covenants to the DWQ within 15
days of recording
If you wish to contest any statement in this Minor Variance or Buffer Authorization 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 [phone] Fax [phone]

Page 5
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 Mall Service Center
Raleigh NC 27699 1601
This letter completed the review of the Division of Water Quality under the Tar Pamlico River Riparian
Buffer Protection Rules [15A NCAC 2B 0259(9)(b)] and [15A NCAC 2B 0259(8)] Please call Lauren
Witherspoon at [phone] if you have any questions or require copies of our rules or procedural
materials
Sincerel
Danny Smi
Raleigh rater tonal Office
Surface Protection Section Supervisor
Enclosures Certificate of Completion
cc RRO File Copy
WeBSCaPe File Copy — 1650 Mail Service Center
Michael Inscoe — Mike Inscoe & Associates P O Box 601 Henderson, NC 27536
File Name 11 1125—Norwood 2020 Fernwood Way_TBR_Mmor Variance and Buffer Authorization Approval