20041390 Ver 1_Approval Letter_20040909

O~O~ W A ~~~4G
C7 fp"'
~ '-i
fl ~
Michael Hawkins
206 Bridge Pointe Drive
New Bern, NC 28562
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Duector
Division of Water Quality
September 9, 2004
DWQ Project # 04-1390
Craven County
Page 1 of 3
Subject Property: 206 Bridge Pointe Dr., New Bern, NC 28562
Trent River [03-04-10, 27-101-(39), SB Sw NSW]
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Hawkins:
You have our approval, in accordance with the conditions listed below, to impact approximately 620
square feet (ft2) of Zone 2 of the protected buffers to construct a swimming pool at the subject property
as described within your variance request dated June 30, 2003 artd received by the Division of Water
Quality (DWQ) on July 15, 2004. This letter shall act as your 1Vlinor 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 LAMA 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 (except for "exempt" uses as identified within 15A NCAC 2B
.0233) 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 (EEP) -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 930 square feet (620 x 1.5 = 930) as required under this variance approval and 15A
NCAC 2B .0242. 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 .0242, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the
EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement
Program Office), no impacts specified in this variance approval shall occur. The EEP should be
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: httg://h2o.enr.state.nc.us/ncwetlands
~o e Carolina
~tura!!r~
An Equal opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Michael Hawkins
Page 3 of 3
September 9, 2004
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 Mr. Bob Zarzecki at [phone] if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
I
n limek, ,
r ctor DWQ
AWK/JRD/bz
Enclosures: EEP Notification Letter `~
Certificate of Completion ~~
Controlling Erosion and Sedimentation on Single Family Home Construction Sites
cc: Brad Davis, Miracle Pools Inc., PO Box 12814, New Bern, NC 28561, [FAX [phone]]
Tom Steffens, DWQ Washington Regional Office
DCM Morehead City District Office
File Copy
Central Files
Filename: 04-1390

O~ W ArF9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
~O~ QG North Carolina Department of Environment and Natural Resources
~- Alan W. Klimek, P. E. Director
=-I Division of Water Quality
Q Y
Coleen H. Sullins, Deputy Director
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
MINOR VARIANCE
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 26 .0242, Michael Hawkins has permission as outlined below to impact protected riparian
buffers for the purpose(s) of constructing a pool. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached certification transmittal letter. THIS VARIANCE APRPOVAL IS NOT
VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
DWQ Project No.: 04-1390
Date: September 9, 2004
LOCATION: New Bern
COUNTY: Craven
BASIN/SUBBASIN: 03-04-10 (river/subbasin); 27-101-(39) (stream index no.)
As required by 15A NCAC 2B .0233, you are required to compensate`for the above impacts through the restoration or
enhancement of buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state.
930 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242. If you choose this option, please sign this form and mail
it to the EEP at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon
receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature
ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
Date
NorihCarolina
North Carolina Division of Water Quality, 401 Wetlands Certification Unit, ~QtllClt~~l,~
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), htto://h2o.enr.state.nc.us/ncwetlands/
An Fnnal rlnnnrfnnily/Affirmatives ~ctinn Fmnlnvar