20100162 Ver 1_Approval Letter_20100303

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 3, 2010
Mr. Elliot & Angela Cowey
101 Monterey Circle
New Bern, NC 28562
DWQ EXP # 10-0162
Craven County
Subject Property: 112 Stonewall Circle, Lot 7, Evans Mill
Brice Creek, Trent River, Neuse River Basin, Subbasin (03-04-10)
Stream Index Number 27-101-40 (1)
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B.0233(9)(b)] - Express Review
Dear Mr. Cowey:
You have our approval, in accordance with the conditions listed below, to impact
approximately 75 square feet (ft) of Zone 2 of the protected buffers to construct a
residential structure at the subject property as described within your variance request
dated February 25, 2010 and received by the Division of Water Quality (DWQ) on March
1, 2010. 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 are:
1. No Zone 1 Impacts
North Carolina Division of Water Quality Internet: www.ncwaterqualityorg
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Page 2 of 3

No impacts 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 (NCEEP)
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 75 square feet as required under this variance approval and 15A NCAC 2B .0233.
We understand that you wish to make a payment into the Riparian Buffer Restoration
Fund administered by the NC Ecosystem Enhancement Program (NCEEP) 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 213
.0233, this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2B .0233(9)(C). Until the NCEEP receives and clears your check (made
payable to: NCDENR - Ecosystem Enhancement Program Office), no impacts
specified in this variance approval shall occur. The NCEEP In-Lieu Fee Program
Coordinator (Ms. Kelly Williams) should be contacted at [phone] if you have
any questions concerning payment into the NCEEP. For accounting purposes, this
variance approval authorizes payment into the Riparian Buffer Restoration
Fund to compensate for 112.5 ft2 of required riparian buffer mitigation for
impacts to 75 ft2 of protected riparian buffers; 03-04-02, 27-43-(1) river and
subbasin."
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 .0233) 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 401 Oversight/Express Permitting Unit 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 213 .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.
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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 (15A NCAC 2B .0233 (9)(b)). Please call Roberto
Scheller of the Washington Regional Office at 252-948-3940 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,
For Coleen H. Sullins
Enclosures: Certificate of Completion
cc: Jason Arthur, Jason Arthur Construction Co.
DWQ 401 Oversight/Express Unit
CAMA, Morehead
Craven Co. Building Inspection
File Copy
Filename: 10-0162