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June 24, 2003
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
?partment of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
DWQ Project # 03-0509
Pamlico County
Harry Myers & Delma Heine
8350 Pinehurst Road
Pasadena, Maryland 21122
Subject Property: Lot 21, Whorton Harbor SD, 2436 Brown's Creek Road, Merrit, NC 28556
Browns Creek [03-04-10; 27-141-3; SA HOW (high quality) NSW (Nutrient Sensitive)]
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico Riparian Buffer
Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by
the Coastal Area Management Act with ADDITIONAL CONDITIONS
Dear Mr. Myers and Ms. Heine:
You have our approval, in accordance with the conditions listed below, to impact 572 square feet (fe) of Zone 2 (only) of
the protected riparian buffers for the purpose of constructing a single family residence on the subject property as
described within your application dated April 16, 2003. This letter shall act as your approval for the use of the "General"
Major Variance; From the Neuse and Tar-Pamlico Riparian Buffer. Rules for the Construction of Residential Structures on
Existing Lots within the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL
CONDITIONS as approved by the Water Quality Committee (WQC) of the Environmental Management Commission
(EMC) on May 10, 2001. In addition, you should get any other required federal, state or local permits before you proceed
with your project including (but not limited to) Sediment and Erosion Control and CAMA permits. This approval shall
expire when the variance expires on April 11, 2006 unless it is renewed before that time by the EMC.
This approval is only valid for the purpose and design that you described in your variance request. If you change your
project, you must notify us and you may be required to send us a new request for approval. If the property is sold, the
new owner must be given a copy of this approval and is thereby responsible for complying with all conditions. For this
approval to be valid, you must follow the conditions listed below.
Conditions
1. No Impacts to Zone 1
No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities designated
as "exempt" within 15A NCAC 02B .0233), unless otherwise approved by the DWQ.
2. 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.
3. Diffuse Flow
All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-erosive velocities
prior to entering the protected riparian buffers as identified within 15A NCAC 2B .0233(5). No new ditching or
piping of stormwater through the protected buffers is allowed.
4. Protective Fencing
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
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), http://h2o.enr.state.nc.us/ncwetiands/