20061395 Ver 1_COMPLETE FILE_20060830

W A r
F9pG
OF Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources

(p Alan W. Klimek, P.E. Director
_ Division of Water Quality
October 9, 2006
DWQ Project # 06-1395
Beaufort County
Mr. Robert Schaffer `D'1
P.O.Box1137 IE-°'?t
Ocracoke, NC 27960 T ] j Z006 -?
Subject Property: Lot #25 Terrapin Drive oEt,,'R _
Ocracoke, NC „-
Tar-Pamlico River Basin
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A NCAC 02B .0259 (9)(b)]
Dear Mr. Schaffer:
You have our approval, in accordance with the conditions listed below to construct a garage that will impact 616 square
feet of Zone 2 of the protected riparian buffer on the subject property. These impacts must be in accordance with the plat
and plan submitted with your application. This letter shall act as your Minor Variance approval as described within 15A
NCAC 02B .0259(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.
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 plat of the proposed impacted area 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 02B .0259 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)
The required area of mitigation to compensate for impacts to the protected riparian buffers is 924 square feet as
required under this variance approval and 15A NCAC 02B .0260(3)(b)(ii). 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 02B .0259, this contribution will satisfy our
compensatory mitigation requirements under 15A NCAC 02B .0259(10)(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
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% Recycled/10% Post Consumer Paper Naturally
the Riparian Buffer Restoration Fund to compensate for 924 ft2 of required riparian buffer mitigation for
impacts to 616 ft2 of protected riparian buffers; 03-03-08, 29-70-6 river and subbasin."
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 .0260)(9) 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. 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 02B.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 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
[I 5A NCAC 02B .0259(9)(b)]. Please call Kyle Barnes at 252-948-3917 if you have any questions or require copies of
our rules or procedural materials.
S' erely,
`' ?-
A1 Ho ge e or
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Plat of Property
cc: DWQ WaRO file
DWQ Central Office, Ian McMillan
Beaufort Co; Dept. of Building Inspections
CAMA WaRO
Carl Oneal/Consultant

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TERRAPIN DRIVE
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' rr?rantaaaa' a 30' ACCESS EASEMENT j
PHYSICAL SURVEY FOR
BOB & DEAN ,S`CHAFFER
LOT 25 - SOUND SHORES SUBDIVISION - OCRACOKE
OCRACOKE TOWNSHIP - HYDE COUNTY - NORTH CAROLINA
i0 0 40 4 SEABOARD SURVEYING & PLANNING, INC.

i Ubl UJI YUM 14: Ub L5'L-yltl-yy14 KALNA UKUUr rHUr 0,71 no
OFFICE USE ONLY: Date Received Request # OD
State of North Carolina
Department of EnvlronMent and Natural Resources
Division of Water Oualiy?
Variance Request Form - for Minor
Protection and Maintenance of Riparian Area Rules
'20®61395
RECEIVED
Variances Mr lll 2 Q 2006
DWQ-WARD
NoTE: This foam mey be plwrooopled tar use as an OVrw-
Piease identify which Riparian Any (Buffer) Protection Rule applies.
o Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 0213
.0233)
q/Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Arras Rule (15A
NCAC 02B .0259)
a Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 020.0243)
Part 1: General Information
(Please jrKaude a(iaabrmnb if the room provided is insufficient)
1. iname (the corpo(atlon, individual, etc. who owns the property):
e4 o, ''
2 Print Owrwr S ng Official (person legally
Name: r ©` Al Qsc.
Title:
n
Street address: 1 *2 t AKA
City, state, zip: r 'UC
Telephone: T 1 ' /
Fax: ^ W` • ' J 1 ,4
3. Contact person who OX81
Name:
Telephone. ice)
Fax: L?
for the perty and its
ff ,. r GC7'
I?QId1
J?f

Email:
p?
4. Project Name (Subdivision, facility, or establishment name - consistern with project name on
plans, aficado(>s, letters, operation and maintenance agreements, etc.):
?..5?'?? .? e? S v ?c'S S(a C41 V r S /ten
Version 2: November 2002
5. Project Location:
Street address:
City, state, Zip:
County:
Latitude/longitude:
?- it-.e
6. Directions to site from nearest major interwc lion (Also, attach an 8 % x 11 sxrpy of #W uSGS
topographic map indicating theAo"on of the site):
T e ! 1 4.- oC I- 0 r c.n C??-r t w'
k:n Sr. Q.- V e -
I I 'A.r
7. Stream to be impacted by the proposed activity:
Stem +?a?ne (tor amed label as `LM to the nearest maned Stream):
Stream classification [as identified whhln the SdVdLdO f of CAGWCWkm 15A NCAC 2B
.0315 (Neuse) or .0316 (far-Pamlico)): 5 . J_
8_ Whin of the following permits/approvals wi8 be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Ma1or
CAMA LIM
40' CetVca*xV404 PUMA
On-site Wr PemK
NPOES Pemtit (urdusltng dwMW)
Non-discharge Permit
Water Supply W Variance
Others (spedm
Part 2: Proposed activity
(Please include attachments N the Loom provided is kutdrXiML)
1 _ Description of proposed activity [Also, Please enactr a map of srrtfit; Kd detail (such as a plat
map or site plan) to acc=urately delineate the boUndaties of the 118nd m bG UffUW In curift
out the activtty, the location and dimension of any disturbance In the riparian butters
associated with the activity, and the extent of riparian butters on the land h / hmk the ttmea
of butter impact in fe.J: ?? ?• Q a?! r? e- w t T cr. /?
2 State reasons why this plan for the proposed ativity cannot be prat y aooomplOied,
reduce4 or reco guyed to better minimize or eliminate Yd?sturbanae m the dPana butlers: 4? 0'
ill "re Is ? ??
0, , v
variance Request Form, page 2
Verslon 2: November 20M
3. Description of any best management practices to be used to caul impartis with
the proposed activity (i.e., control of runoff from impervious surfaces ID prwJkM dMm now,
r anting vegetqUon or enhanceme t of a vegetation, etr ):
711 ..),,+tI r-tAn04 f'n':J t rnn?; v??u St,r .1cc?s wr t

4. Please provide an explanation of the following:
(t) The practical difficulties or hardships that would result fmm the strict a Pka*m of tills
?/
r,41 Zn+
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w

M
(3) if economic hardship is the major moderation. then kx&mde a specific exploration of the
economic bards ps and the proportion of the hardship to phe enlfei vie of dil pt+olect.
„ca t? 0 ?? ,? c?Qct.s2 tc? l?fa(p??^ C? C -? w at.t ?

Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stomrwater best
management practices required by this varlance shall be located in recorded sbmlwatOr
easements. that the easements will run with the land, that the easements caralot be changed or
deleted without concurrence from the State, and that the eats wfil be re Mded prior ID the
sale of any lot.
Part 4: Agent Authorization
if you wish to designate submittal authority to another bxtivM" or firm sofhat they may provide
information on your behalf, please complete this section:
Designated agent (indil
Malting address:
City, State, Zlp:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
11
Variance Request Forth. page 3
Version 2: November 2000
(2) How these difficulties or hardships result from conditiorM #0 alre urngrre to the POP"
Involved. i k e .S, e I e s r e.S cn 14 ? r 5-- k O t
?+ y
C (print or type name QI person
fisted in Part I. Item 2), ce?tN that the information included on this permit applica?tio that the
correct, that the project vAU be constructed in conformance with the aWOved Plans Old deed resMctions in accordance with Part 5 of this form MR be recorded with all required permit
conditions.
Signature:
Date:
Title:
vwkw a Request Form, page 4
Version 2: November 2000
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