20041037 Ver 1_COMPLETE FILE_20040625

A74LA.
NCDENR
North Carolina Department of Environment and
Michael F. Easley, Governor
Division of Water Quality
July 26, 2004
Walter W. & Joyce C. Conklin
PO Box 485
Gate City, VA 24251
Subject Property: 10 Cuttensage Lane, Ocracoke, NC 27960
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 04-1037
Hyde County
Page 1 of 2
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. & Mrs. Conklin:
You have our approval, in accordance with the conditions listed below, to impact approximately
89 square feet (ft ) of the protected riparian buffers for the purpose of reconfiguring an existing
aging set of steps on the subject property as described within your application dated June 23,
2004. 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 LAMA permits. This approval shall
expire when the variance expires on April 11, 2006 unless the variance is renewed before that
time by the EMC.
This approval is 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. This approval requires you to follow the
conditions listed below.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncvvetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Natural Resources
NorthCarohna
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Page 2 of 2
July 26, 2004
The Additional Conditions of the Certification are:
1. 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.
2. 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.
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 that 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 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 Mr. Bob Zarzecki at
919-733-9726 or Tom Steffens at (2520 946-6481) if you have any questions or require copies of
our rules or procedural materials.
Sincerely,
AW K/JRD/bz
Enclosures: Coastal General Variance
Certificate of Completion
1
fl . K1' ek, P.E.
cc: BJ Oelschlegel, Ocracoke Island Realty, Box 238, Ocracoke, NC 27960
Tom Steffens, DWQ Washington Regional Office
DCM Washington District Office
File Copy
Central Files
Filename: 041037

OF=FICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Nvo
IPA uU4
Variance. Request Form - Major Var-if?Pt t;d
Construction of Residential Structures on Existing Lots on Barrierls s
(as approved by the Environmental Management Commission on 4/13/2000; expires 4/1312005; Lots
must be platted prior to 1/01/2000)
Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC
.0259)
NOTE: This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: WALI-4Z. W . }L :100, C. MMY-.1N
Title: 01?N?cJC??
Street address: P.O. BOX 416
City, State, Zip: (nom CA" VGA. 24751
Telephone: (a??) ?5 3. - I?_II
Fax: (??( 1 386 -36%`I CRltF1 -Yf
3. Contact person who can answer questions bout the proposed project:
Name: BJ 0`cUCHL`zl?`LL C/o ©en_gcay"L T-OLRND Reot: `I
Telephone: 2( 52) R2B -foZ? I 74 1 1 736$
Fax: (252) `I2? - 1121
Email: OlKe-a l Cnol.Coiti-, ATT-2-mi1Om : g?
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
LOT 45 `O`1ST-4z-C'126.9tJK
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
"?'?ANps?4o?
GRO(Jp
JUIV
2,5
6. Directions to site from nearest major intersection (Also, attach an 8'/Z x 11 copy of the USGS
topographic map indicating the location of the site):
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Version ebruary 2000

7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Pl R!W CA M_ AI-. I N 025 PM CIRst'z-K
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]: . o3+(. C TOP-- ?AW\Qt_o)
8. Which of the following permits/approvals-will be required or have been received already for
this project?
Required: Received: Date received: Permit Type.
CAMA Major
?- CAMA Minor
401 Certification/404 Permit
V, " On-site Wastewater Permit Feni R Ra?i2
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of.proposed activity JAlso, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft2.:-
/XW?A OF 60C-9-&21kMS! 1CT `b`3• `5C-1 V-T t -
?irez. 8TT RC"Mt mT"a
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
'?L`t ATTIHCW'TC1`LI.1T`?
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e.., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
'9V15 J)MO I,`z-CK5 W}LLS9LL P??L P`cXZV10US SU2FJ?L?`;
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
113cL'L ATTAC.N`C D
Variance Request Form,,page 2
Version 1: February 2000
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
9`G`L J??Te?CH`tJ?
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
"1-Nl°? l?? A 'PHYSICAL HAIZO?NIP.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm)
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
33 O` lux L`Lyn- (2? Ocfzp 0w -`z ZSlANl)
R`t'r1LTy
Part 5: Applicant's Certification
I, WA LT 2a2 W.COm%< iN ? So`IC2 C . CONYCkNt (print or type name of person listed
in Part I, Item 2), certify that thb information included on this permit application form is correct,
that the project will be constructed in conformance with the approved plans and that the deed
restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
D ate:
Title:
Variance Request Form, page 3
Version 1: February 2000
DRAFT
MAJOR VARIANCE
From the Tar-Pamlico Riparian Buffer Rules for the Construction of Residential
Structures on Existing Lots on Barrier Islands
This major variance from the Tar-Pamlico River Riparian Area Rules (15A NCAC 2B
.0259) is hereby issued by the NC Environmental Management Commission to construct homes
and related structures such as garages, decks, porches, attached commercial structures and sheds
within Zone 1 or 2 of the riparian buffer on lots existing as of January 1, 2000 on barrier islands
in the Tar-Pamlico Basin of North Carolina as long as the conditions prescribed below are met.
The applicant must submit three copies of the appropriate application form to DWQ staff
that describes how the following conditions of this variance will be met. If these conditions can
not be met, an individual major variance from the Tar-Pamlico River Riparian Area Rules (15A
NCAC 2B .0259) may be sought from the NC Environmental Management Commission. This
"Major Variance" shall expire on April 13, 2005 unless it is renewed before that time by the N.C.
Environmental Management Commission.
Conditions:
1. Applicants must show that they have met the requirements of 15ANCAC 2B
.0259(9)(a)(i)-(iii).
2. The residential lot must have been platted and recorded on or before January 1, 2000.
3. Construction is for residential buildings and related structures such as garages, decks,
porches, attached commercial building and sheds.
4. Impact to Zone 1 [30 feet immediately adjacent to surface water as defined by 15A
NCAC 2B.0259(4)(a)] must be minimized to the maximum extent practical.
5. On-site stormwater management controls must be shown on the application and
stormwater runoff must be directed away from the adjacent surface water; on-site
measures such as sand filters, rain gardens, bio-retention areas, vegetative filter strips
and planting of trees or shrubs along bulkheads must be employed to maximize
pollutant removal. If the applicant is required to obtain a Sedimentation and Erosion
Control Permit or a CAMA Major Permit, then a Stormwater Permit may be required
from DWQ.
6. The lot must be buildable without wetland impact except for driveways and or utility
crossings and any impact on the buffer shall be minimized to the maximum extent
practical.
7. Any new on-site wastewater treatment must not be located within 50 feet of surface
water as specified in 15A NCAC 2B .0259(4)(a).
8. Compensatory mitigation must be done at a 3:1 ratio on a square foot basis for any
impacts to Zone 1. This mitigation may consist of payment at $0.96 per square feet
to the NC Wetlands Restoration Program, planting of an unbuffered area, or
additional planting of a partially buffered location on-site or nearby. Planting plans
must be approved in writing by DWQ.
9. The applicant must receive written approval from DWQ acknowledging that these
conditions have been met before any impacts to the riparian buffer shall occur.
10. The applicant must contact the N.C. Division of Coastal Management or Local
Permitting Officer for any requirements for CAMA Major or Minor Permits.
Signed:
David H. Moreau, Chair
Environmental Management Commission
Effective Date:

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SENDING CONFIRMATION
DATE JUL-27-2004 TUE 06:35
NAME DW1rWETLANDS
TEL [phone]
PHONE : [phone]
PAGES : 3/3
START TIME : JUL-27 06:33
ELAPSED TIME : 02'09"
MODE : ECM
RESULTS : OK
FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
?RAA
NCDENR
North Caroline Department of Environment end Natural Resources
Dlvlslon of Water Quality
Michael F. Eaeby, Gammor VNtlWm G. Rasa, Jr., 8ecrelaly
Alan W. Klimek. P.E., Director
Wetlands/401 Certification Unit
Street Address: 2321 Crabtree IDoulevard, Suite. 250
Raleigh, NC 27604-2260
Mwiling Address: 1650 Mail Service Center
Raleigh, NC 27699.16.90
Contact Information: Yhouc 0: 919-733 1786
Fax JF. 919-733.6893
Fox To: Fax #:
Company: Date: J
Number of pages including cover sheet: -?
Notes or special instructions:
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APA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Wetlands/401 Certification Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
Fax To: -33 Fax #:
Company:
Number of pages including cover sheet:
Notes or special instructions:
?-5
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director

Date: 7- 0 7- O V
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httt2-//h2o.cm.state.nc.us/ncwetlands)
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally