20090997 Ver 1_Approval Letter_20091019

A NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Natural Resources
Dee Freeman
Secretary
October 19, 2009
Duane Creech
1340 Granville Street
Burlington, NC 27215
Subject Property: 235 Creek Road, Beaufort
DWQ Project # 09 0997
Carteret County
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B.0233 (9)(b)]
Dear Mr. Creech:
You have our approval, in accordance with the conditions listed below, to impact
approximately 371 square feet (ft) of Zone 2 of the protected buffers to construct 96
square feet of covered porch and 275 square feet of open slatted deck and associated
steps at the subject property as described within your variance request dated September
13, 200 and received by the Division of Water Quality (DWQ) on September 17, 2009.
This letter shall act as your Minor Variance approval as described within 15A NCAC 2B
.0233 (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
including (but not limited to) Erosion and Sediment Control 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 is thereby responsible for complying with all conditions. This
approval requires you to follow any conditions listed below.
The Additional Conditions of the Certification area
1 e No Zone 1 Impacts
North Carolina Division of Water Quality Internet: wwwmcwaterquality org
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 NMW4
Duane Creech
DWQ # 09 0997
October 19, 2009
Page Two
No impacts (except for the proposed 371 sq ft and "exempt" uses as identified
within 15A NCAC 2B .0233 shall occur to Zone 2 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.
1. 2. Buffer Mitigation (On-site Restoration)
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 371
square feet as required under this variance and 15A NCAC 2B .0233. The DWQ has
determined that you may satisfy this mitigation requirement by planting at least two (2)
native woody trees and shrubs within the retained portions of the protected buffers.
The application proposed two shrubs (Wax Myrtles) in Zone two. You must ensure
their survival for a period of at least five (5) years. You are required to replace any of
these trees or shrubs that die within this five (5) year period. You are required to
provide proof in writing that the trees have been planted within one year of the date of
this letter. The proof of plantings shall be submitted to the Wetlands/401 Unit and
copied to the Wilmington Regional Office. The best way to do this is take pictures prior
to the planting and then afterwards. Then send in pictures yearly of the planted
shrubs/trees for the next five (5) years. Please reference DWQ # 09 09997 as the
project number with your pictures/report.
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 .0233 (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 Oversight/Express
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
5. Neuse Variance Appeals
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 ad judicatory 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.
r
Duane Creech
DWQ # 09 0997
October 19, 2009
Page Three
This letter completes the review of the Division of Water Quality under the Neuse River
Riparian Buffer Protection Rules (15A NCAC 2B .0233 (9)(b)). Please call Joanne
Steenhuis of the Wilmington Regional Office at 910.796.7306 or Amy Chapman of the
DWQ 401 Oversight/Express Unit at 919-715-6823 if you have any questions or require
copies of our rules or procedural materials.
Sincerely,

Coleen H. Sullins
Enclosure: Certificate of Completion
cc: Amy Chapman - DWQ 401 Oversight/Express Unit
Doug Huggett - CAMA Morehead City
Brad Connell - CAMA Morehead City
Chris Pullinger - WaRO
WiRO