20071847 Ver 1_Approval Letter_20071102

Michael F'. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Chuck Wakild, Deputy Director
Division of Water Quality
November 02, 2007
DWQ Project # 2007-1847
Craven County
William Beck
110 Boatswain Drive
River Bend, NC 28562
Subject Property: 110 Boatswain Drive
New Bern, NC
Plantation Canal, Trent River, Neuse River Basin; (SB; Sw, NSV1~; 27-101-(31)
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233 (9)(b)]
Dear Mr. Beck,
You have our approval, in accordance with the conditions listed below, to impact 121 square feet (ft2) of Zone 2 of the protected
buffers to construct the addition to your deck on the subject property as described within your variance request dated August 29, 2007
and received by the Division of Water Quality (DWQ) on August 30, 2007. These impacts must be in accordance with the plot plan
submitted with your application. This letter shall act as your Minor Variance approval and Buffer Authorization as described within
15A NCAC 2B .0233(9)(b) and 15A NCAC 2B .0233(7)(b), respectively. In addition to these approvals, 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 Division of Coastal Management regulations.
This approval is 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 plot plan and is thereby responsible for complying with all conditions. This approval requires you to follow any
conditions listed below.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for proposed and "exempt" uses as identified within 15A NCAC 2B .0259(6)) 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)
Option 1:
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 182 square feet as required under this variance approval and 15A
NCAC 2B .0233. You have the option to make a payment into the Riparian Buffer Restoration Fund administered by the NC
Ecological 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 .0233, this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(b). Until the EEP receives and clears your check
(made payable to: DENR -Ecological Enhancement Program Office), no impacts specified in this variance approval shall
occur. The EEP should be contacted at [phone] if you have any questions concerning payment into the EEP.
For accounting purposes, this variance approval authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 182 ftZ of required riparian buffer mitigation for impacts to 121 ftZ of protected riparian buffers;
03-04-11, 27-101-(31) river and subbasin."
North Carolina Division of Water Quality Internet h2o.enr.state.nc,us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper ~atura!!~

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Option 2:
The DWQ will accept an alternative method of mitigation (including but not limited to Buffer Restoration or Enhancement)
pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0259) to satisfy this mitigation requirement. If you choose to
pursue this option, then you aze required to submit in writing a mitigation plan to the DWQ Wetlands/401 Unit -Washington
Regional Office for review and approval. For more information, please contact this office. No impacts shall occur to the
protected buffers until the mitigation plan is approved by the DWQ.
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 2B .0259(5).
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 Heazings, 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 Chris Pullinger at 252-948-3920 if you have any questions or require copies of our rules or
procedural materials.
Sincerely,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Project Plan
cc: DWQ WaRO Regional Office
DWQ Central Office
Central Files
CAMA, Morehead City office
Craven Co; Dept. of Building Inspections