General Major Variance effective Nov 10 2005

"General" NIAJUR VARIANCE
From the Neuse and ~'ar,Pamlico Riparian Buffer Protection Rules for residential
structures on existing lots within the ~aastal counties as defined by the Coastal Area
Management Act that meet the conditions stated below.

This "general" major, variance from the Riparian Buffer Protection Rules in the Neuse
(15A NCAC 2B .0233) and Tar-Pamlico (15A NCAC 2B .0259} River Basins is hereby issued by
the NC Environmental Management Commission (EMC) for impacts to the protected buffers as
long as the conditions prescribed below are met,
The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ
"General" Major Variance Application Form that describes how the following conditions of this
variance will be met.. If these conditions cannot be met, an individual Major or Minor Variance
from the Buffer Rules may besought from the EMC. This "General" Major Variance shall expire
on April 11, 2011 unless it is renewed before that time by the EMC. Any approvals issued by
DWQ (either prior or after the renewal) will remain valid.
Conditions:
1, ,The residential lot must be located within one of the coastal counties as defined .
by the Coastal Area Management Act (CAMA).
2. Applicants must show that they have met the requirements for a variance as
specified in the buffer rules in "VARIANCES" [15A NCAC 2B .0233(9~a)(i)-
(iii)and 15A NCAC 2B .0259(9}(a)(i)-(iii) for the specific river basin where the
impacts will occur.
3. Applicants must show that the residential lot has been platted and recorded prior
to August 1, 2400.
4. Construction is for residential buildings and related structures such as garages,
decks, porches, attached commercial buildings, driveways and sheds.
5. Substantial expenditures and contractual obligations must have occurred in good
faith prior to the August 1, 2000. Substantial expenditures and obligations must
have been made in reasonable reliance upon governmental permits and/or
approvals (such as 401 Water Quality Certifications, CAMA permits, active
connection to an existing sanitary sewer system or local on~site wastewater
system approvals). Supportive written documentation must be submitted to the
DWQ for review.
6. The lot must be buildable, without wetland- impacts except for driveways and/or
utility crossings and any impact to the buffer shall be minimized to the maximum
extent practical.
7. V~here impacts to the buffer will occur, the impact should be minimized to the
greatest extent practicable as determined by DWQ staff.
8. Any on-site wastewater treatment must not be located within 50 feet of a surface
water as specified in "ZONES ~F THE RIPARIAN BUFFER" [ 15A NCAC 2B
.0233(4} and 15A NCAC 2B .0259(4}] of the buffer rules. The only exceptions
include any pretreatment systems meeting the Treatment Standard 1 as found in
1 SA NCAC 18A .19b9 Innovative System Approval regulated by the NC
Division of Environmental Health, On-site Wastewater Section.
9. Cln-site stormwater management controls must be shown on the application and
stormwater runoff must be directed away from the adjacent surface water and/or
coast wetland as determined sufficient by DWQ staff; measures such as rain
gardens, bio-retention areas, vegetative filter strips and planting of trees or shrubs
along bulkheads and/or property lines to maximize pollutant removal maybe

required as determined b~~ DWQ staff, If the applicant is required to obtain a
Sedimentation and Erosion Control Permit or a LAMA Major Pernut, then a
Stormwater Permit ma~~ be required from the DWQ.
10. Mitigation will be required at a l: l ratio for impacts to Zone 1 This mitigation
can be accomplished b~~ either (1) pa~~ment into the Riparian Buffer Restoration
Fund (administered b~' the DWQ Ecos~~stem Enhancement Program), (?)planting
or rotection of a riparian area not subject to the buffer rules. or (3}additional
p
planting of anon-forested location on-site or in close proximity to the impacted
area. Mitigation plans must be submitted `with the application and approved m
«-riting b~~ the DWQ and completed «-ithin siz (6) months of the issuance of
«~ritten appro~~ral of this General Major Variance from the DWQ.
11. The applicant must receive «~ritten approval from the DWQ based on the
submittal of the ``Generale Major Variance Application Form ackno«-ledging that
these Co11d1tlonS 11ave been met before and' 11npaCts occur to the riparian buffer.
1?. The a lica~rt must contact the appropriate District office of the N.C. Division of
pp
Coastal Management or Local Permitting Officer for ally current requirements
for CAMA Major, Minor or General Permits. In addition, the applicant must file
(if needed} an application with the Local Health Depal~nent for an on-site
Wastewater s~~stem prior to an~~ site construction. The hnprovement Permit and
the Construction Authorization is required to be issued prior to and' other building
or construction permit [Ref. G.S, i34A-338].
Signed:
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission
Effective Date: 10 November 2005, replacing the variance that was effective 10
May 2001