20041391 Ver 1_COMPLETE FILE_20040730

OF
?0
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 20, 2004
Richard V. O'Neal
150 Cedar Road
Ocracoke, NC 27960
Subject Property:
Lot # 107, Oyster Creek S/D, Ocracoke, NC
Approval of Tar-Pamlico River Riparian Buffer Protection Rule
Minor Variance [15A NCAC 2B.0259(9)(b)]
Dear Mr. O'Neal:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1391
Hyde County
Page 1 of 2
You have our approval, in accordance with the conditions listed below, to impact approximately 557
square feet (ft2 ) of Zone 2 of the protected buffers to construct a residential dwelling at the subject
property as described within your variance request dated July\23, 2004 and received by the Division of
Water Quality (DWQ) on August 4, 2004. This letter shall acts s your Minor Variance approval as
described within 15A NCAC 2B .0259(9)(b). In addition to thik 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 and CAMA 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 shall expire five (5) years from the date of this letter.
This approval requires you to follow any conditions listed below.
Conditions:
1. No Zone 1 Impacts -No impacts (except for "exempt" uses as identified within 15A NCAC 2B
.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 DWQ.
2. Buffer Mitigation (EEP) - 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 835.5 square feet as required under this Variance Approval and 15A NCAC 2B
.0260(buffer mitigation rule). We understand that you wish to make a payment into the Riparian
Buffer Restoration Fund administered by the NC Ecosystem 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 2B .0260(7)(buffer
mitigation rule), this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2B .0259(10)(buffer protection rule). Until the EEP receives and clears your check
(made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in
this Authorization Certificate shall occur. The EEP should be contacted at [phone] if you
have any questions concerning payment into the Riparian Buffer Restoration Fund. You have
One
401 Wetlands Certification Unit
1.650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/ Internet: http://h2o.enr.state.nc.us/ncwetiands
N Carolina
atula!!rf
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Richard V. O'Neal
Page 2 of 2
October 20, 2004
one month from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 835.5 W, of required riparian buffer mitigation for impacts to 557 of
protected riparian buffers; 03-03-07 river and subbasin, 29-(40.5) stream index number.
The DWQ will also 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) 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 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 2B .0259(5).
4. Protective Fencing - The outside construction corridor approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for the areas that
have been approved to infringe within the buffer prior to any land disturbing activities to ensure
compliance with 15A NCAC 2B .0259. A silt fence properly installed along the Zone 1 / Zone 2
boundary will satisfy this condition.
5. 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 Tar-Pamlico River Riparian
Buffer Protection Rules [15A NCAC 2B .0259(9)(b)]. Please call Mr. Bob Zarzecki at [phone] if
you have any questions or require copies of our rules or procedural materials.
AWKICBK/bz
cc: Tom Steffens, DWQ Washington Regional Office
DCM Washington Regional Office
File Copy
Central Files
Sincerely,
Alan W. Klimek, P.E.
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
MINOR VARIANCE
SUNEVIARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2B .0260, Mr. Richard V. O'Neal has permission as outlined below to impact
protected riparian buffers for the purpose(s) of constructing a residential dwelling. All activities associated with
these authorized impacts must be conducted with the conditions listed in the attached certification transmittal
letter. THIS VARIANCE APRPOVAL IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
DWQ Project No.: 04-1391
Date: October 20, 2004
LOCATION: Ocracoke
COUNTY: Hyde 1.
BASIN/SUBBASIN: 03-03-07 (river/subbasin); 29-(40.5) (strewn index no.)
As required by 15A NCAC 2B .0259(9), you are required to comp6nsate for the above impacts through the
restoration or enhancement of buffers as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
835.5 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0260. If you choose this option,
please sign this form and mail it to the EEP at the address listed below. An invoice for the appropriate amount
of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT
AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
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), htto://h2o.enr.state.nc.us/newetiands/
110 Carolina
N0Qt1Q'Rlilt
' OFFICE USE ONLY: Date Received mequem f
L RECEIVED
State of North Carolina
Department of Environment and Natural Resources JUL 3 0 2004
Division of Water ®uaDty!
Variance Request Form - for Minor Varia WA
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original.
Please identify which Riparian Area Protection Rule applies.
o Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (I 5A NCAC .0233)
Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule 05A
NCAC.0259)
C`3dfX5 i. y?0?lf?71g1 IIIIVi11161'I.IVa1
(Please include affachments if the room provided is insufficient.)
1. Applicant's name
r ^. 0=
individual, etc. who owns the property):
2. Print Owner/Signing Official (person
Z)
for the property and its compliance)
Name: P
Title: W '
Street address: ® gf vd
City, State, Zip: 4-
Telephone:
Fax:
3.
Contact person who can answer questions about the proposed project:
Name:
Telephone: 1&80 I'a-S _51T 5- L
Fax:
Email:
AUG 0 4 2004
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and mainte ante agreements, etc.):
3_07 V?
04re-elk 16
5. Project Location:
Street address:
City, State, Zip:
County:
Version 1 : February 2000
t- 6T44-- Iv
y.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
L67-
(2) y-D IIJ"J +? V I-Ot?-? L??I2 ??9iN?c d /S
How these difficulties or hardships result from conditions that are unique to the property
involved.
©ja--?"
(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_
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:
Part 6: Applicant's Certification
1, `i2te- A,4-o \t Of0en.. (print or type name of person listed
in Part I, Item 2), certify that the 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. ---? Z)W c?
Signature:
Date: "?- 2 3 0 -*-f
Title: ?t%N rt.lL>
Variance Request Form, page 3
Version 1: February 2000

Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS
t pographic map indicating the location of the site):
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
R MI,eew *9vw0
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neese) or.0316 (Tar-Pamlico)]: SAL
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
fitz- CAMA Minor
401 Certification/404 Permit
Z-2-6S On-site Wastewater Permit
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 [Also, 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 fe.:
' n? . nr _ ?, - r ,.. /) - - 1. - :b 1Jr 9r ./1 C .? a ?f. i ra n. to ? J LIY I ? r n!/ / /?
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:
7-5 IwF-
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.):
fY..rs ew.,_13ef ?.Jg1?9c?4? f?P•?J?D)4 Y-d joSl5-r9,,90/a TfJf%oL
Variance Request Form, page 2
Version 1: February 2000

9
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CALCULATED INTERSECTION POINT
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(2/18/04)
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EXISTING P/K AT
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\ ? - CONC. MON. SET
V A - EX. P/K NAIL
Q - P/K NAIL SET
?`° 0 38E - SEWER SERVICE
® - WATER METER
- PHONE PEDESTAL
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UTILITY POLE
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VICINITY MAP (NTS
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L-2592
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NOTES:
1. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE
DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH.
2. AREA BY COORDINATE COMPUTATION = 16,743 s.f.
3. F.I.R.M. ZONE: "A5" (EL 7')
4. PIN NO.: N/A
5. RECORDED REFERENCE: PC A. SL 103A
6. MINIMUM BUILDING LINES (MBL) SHOWN HEREON ARE PER THE
CURRENT LOCAL ZONING REGULATIONS. OTHER SETBACKS
AND/OR RESTRICTIONS MAY APPLY AND MUST BE VERIFIED
PRIOR TO CONSTRUCTION.
7. ELEVATIONS (NGVD 1929): AS SHOWN
1, MANSON RAY MEEKINS, P.L.S., CERTIFY THAT THIS PLAT WAS DRAWN
UNDER MY SUPERVISION FROM AN ACTUAL SURVEY UNDER MY SUPERVISION:
THAT THE RATIO OF PRECISION AS CALCULATED IS 1:10,000+; THAT THIS
PLAT IS PREPARED IN ACCORDANCE WITH SECTION .1600 OF THE STATE
BOARD OF REGISTRATION RULES "STANDARDS OF PRACTICE"; THAT THIS
IS A SUt?RRVEY OF AN EXISTING PARCEL OR PARCELS OF LAND; AND DOES
NQ;F CjfEATE A N STREET OR CHANGE AN EXISTING STREET.
C44"k, /o -f
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L-2592 DATE ---
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LOT 109 I LOT 108 --L.
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LOT 107 ?m
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8' BL-

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EXISTING P/K AT q D
(? ESHAM LANE & CM
130' FROM EAST
END OF ROAD
CALCULATED INTERSECTION POINT
OBSERVED WATER LEVEL
(2/18/04)
1 5325 ""'?_ p
318"E qty
150.25'(71E) V
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\ LOT 105
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- S S33 34'00"E \
o _ 33'34'00 E 50.00' - so. oo \
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4 i.
EXISTING P/K & WASHEF
_ AT PI OF GASKILL LANE
& SAGE ROAD
SURVEY FOR
VINCENT R. O'NEAL
LOT 107 - OYSTER CREEK BANKS - OCRACOKE
OCRACOKE TOWNSHIP - HYDE COUNTY - NORTH CAROLINA
30 15 0 30 SEABOARD SURVEYING & PLANNING, INC.
1 inch = 30 ft. w 03-F W. WOOD HILL DR. P.O. BOX 58 NAGS HEAD, NC 2795
REV: 3/03/04: CAMA BUF OFFICE: [phone] FAX: [phone]
FILE: 0303228 SURVEYED:01 15/04 MS PLATTED:01 29 04 BV