20090678 Ver 1_Approval Letter_20110523

~~~~~
~~ r
l~CDETdR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 23, 2011
DWQ Project # 09-0678
Beaufort County
Mr. Andrew R. Barnette
2401 Brook Ridge Circle
Greenville, NC 27858
Subject Property: 24 Portside Drive, Chocowinity
Tar-Pamlico River Basin, Pamlico River
Authorization of Tar-Pamlico River Riparian Buffer Protection Rules Variance (15A NCAC
2B .0259(9) (b))
Dear Mr. Barnette:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 48 square feet (ft2) of Zone 2 of the protected buffers for construct of an addition
on existing house at the subject property as described within your variance request dated June 1,
2009 and received by the Division of Water Quality (DWQ) on June 9, 2009. This letter shall
act as your Minor Variance authorization as described within 15A NCAC 2B .0259(9) (b). In
addition to this authorization, 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 variance authorization shall remain valid until the approved impacts have occurred. This
variance authorization is valid for the purpose and design that you described in your request. If
you modify your project in any way, 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 is covered by this variance authorization and is thereby
responsible for complying with all conditions. The new owner must be given a copy of this
variance authorization. The new owners must notify DWQ in writing of the ownership change.
This authorization requires you to follow any conditions listed below.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
401 OversightlExpress Review Permitting Unit
2321 Crabtree Blvd, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: httpalportal.ncdenr.orglweb/wq/ws
NorthCarolina
~aturallr~
An Equal Opportunity 1 Affirmative Action Employer

Mr. Andrew R. Barnette
Page 2 of 4
May 23, 2011
No impacts (except for "exempt" uses as identified within 1 SA 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 the
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 48 square feet of impacts to Zone 2 of the protected
riparian buffers is 72 square feet as required under this variance authorization and 15A
NCAC 2B .0259. 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
.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
authorization shall occur. Ms. Kelly Williams should be contacted at [phone] if
you have any questions concerning payment into the EEP. For accounting purposes, this
variance authorization authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 72 ft2 of required riparian buffer mitigation for impacts to 48 ft2 of
protected riparian buffers; (TAR 07; 03-03-07) 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 401
Oversight/Express Permitting Unit for review and authorization. No impacts shall occur
to the protected buffers until the mitigation plan is approved by the DWQ.
3. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control Manual.
The devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) projects, including contractor-owned or leased borrow pits associated with the
project.

Mr. Andrew R. Barnette
Page 3 of 4
May 23, 2011
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
6. 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).
7. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to
the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
If you wish to contest any statement in this General Variance you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative
hearings. You must file the petition with the office of Administrative Hearings within sixty (60)
days of receipt of this notice. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except for
official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the
Office of Administrative Hearings within five (5) business days following the faxed
transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:

Mr. Andrew R. Barnette
Page 4 of 4
May 23, 2011
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Roberto Scheller at
252-940-3940 if you have any questions or require copies of our rules or procedural materials.
Enclosures: Certification of Completion
cc: DWQ 401 Oversight/Express Unit ~.-~
File Copy
File Name: 09-0678
Division of Water Quality
Surface Water Protection
Washington Regional Office