20060340 Ver 1_Approval Letter_20060307

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Endvonment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 7, 2006
DWQ Project # 06-0340
Beaufort County
Mr. Reginald M. Fountain, Jr.
P.O. Box 457
Washington, NC 27889
Certified Mail #7003 3110 0002 0608 7914
Subject Property: Lots 6&7 Old Forte Shores
Chocowinity, NC 27814
Tar-Pamlico River Basin
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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. Fountain:
You have our approval, in accordance with the conditions listed below, to impact approximately 100 square
feet (ftz) of Zone I and 480 square feet (ft2) of Zone II of the protected riparian buffers for the purpose of
constructing a driveway on the subject property as described within your application dated March 3, 2006. This
letter shall act as your approval for the use of the "General" Major Variance; From the Tar-Pamlico Riparian
Buffer Rules for the Construction of 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 CAMA permits.
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 plat thereby assuming responsible for
complying with all conditions. This approval requires you to follow the conditions listed below.
North Cazolina Division of Water Quality Internet: ~tivw.ncwaterquality.or~
943 Washington Squaze Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
NorthCarolina
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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, 943 Washington
Square Mall, Washington, NC 27889
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 .0259(5).
No new ditching or piping of stormwater through the protected buffers is allowed
3. Buffer Mitigation (EEP/Restoration)
You are required to mitigate for Zone I impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 100 square feet as required
under this variance approval and 15A NCAC 2B .0259. You have the option 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 .0259, this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2B .0259(9)(C). Until the EEP receives
and clears your check (made payable to: DENR -Ecosystem 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 the Riparian Buffer Restoration Fund to compensate for 100 ft2
of required riparian buffer mitigation for impacts to 100 ft2 of protected riparian buffers; 03-03-
07, 29-(5) 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 .0259) 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 for review and approval. No impacts shall
occur to the protected buffers until the mitigation plan is approved.
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 to:
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 contact Kyle Barnes at 252-948-3917 if you have any
questions or require copies of our rules or procedural materials.
S' cerely
L~
Al Hodge upervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Plat (drawing of impacts)
cc: DWQ WaRO Regional Office
DWQ Central Office, Cyndi Karoly
Central Files
Beaufort County Building Inspections
CAMA Morehead