20071121 Ver 1_Approval Letter_20071031 (2)

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
October 31, 2007
DWQ Project # 2007-1121
Craven County
Thomas and Tracy Stohrer
3017 River Lane
New Bern, NC 28562
Subject Property: Stohrer home deck,
New Bern, NC
Trent River, Neuse River Basin
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233 (9)(b)]
Dear Mr. and Mrs. Stohrer,
You have our approval, in accordance with the conditions listed below, to impact 300 square feet (ftz) 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 June 26, 2007 and received by the Division of Water Quality (DWQ) on June 27, 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.
North Carolina Division of Water Quality Internet; h2o,enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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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 450 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 450 ft2 of required riparian buffer mitigation for impacts to
300 ft2 of protected riparian buffers; 03-04-10, 21-101-(39) river and subbasin."
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 are required to submit in
writing a mitigation plan to the DWQ Wetlands/401 Unit -Washington Regional Office for review and
approval. As a result of the approved impacts for this project, you would be required to plant 4 trees, of
2 native hardwood species, to meet the mitigation requirement. 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 Cazolina 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) yeazs 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,
~ 0 -m-
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
Hyde Co; Dept. of Building Inspections