20070343 Ver 1_Approval Letter_20070503

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Michael F. Easley, Governor
William G. Ross Jc, Secretary
North Cazolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 3, 2007
Mr. Nicky Wagoner
Lowe's Home Centers, Inc.
Post Office Box 1111
North Wilkesboro, NC 28659-1111
DWQ Project # 07-0343
Pitt County
Subject Property: Proposed Lowe's Home Improvement Warehouse East of Greenville
Tar-Pamlico River Basin
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B .0259 (9)(b)]
Dear Mr. Wagoner:
You have our approval, in accordance with the conditions listed below, to impact approximately
1,800 square feet (ft2) of Zone 2 of the protected buffers to construct building and parking lot on
the subject property and 100 linear feet of stream for road crossing, as described within your
variance request (revised PCN) dated Apri126, 2007 and received by the Division of Water
Quality (DWQ) on Apri130, 2007. These impacts must be in accordance with the plot plan
submitted with your revised application. This letter shall act as your Minor Variance approval as
described within 15A NCAC 2B .0259(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 and Division of
Coastal Management 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 plot
plan 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
No impacts (except for proposed and "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 the DWQ.
401 Wetlands Certification Unit IVoatl[Cll~~i/a
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, NoRh Carolina 27604
Phone: [phone] FAX [phone] Internet: http:l/h2o.enr. state. nc. us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

Mr. Nicky Wagoner
Page 2 of 3
May 3, 2007
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2. Buffer Mitigation (EEP)
Option 1:
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
2,700 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 Ecological 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 -Ecological
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 2,700 ftz of required riparian
buffer mitigation for impacts to 1,800 ft2 of protected riparian buffers; 30-03-05, 28-
97 river and subbasin."
Option 2:
The DWQ will 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/ Washington Regional Office for review and approval. This plan should include a
proposal to plant at least four (4) native species of trees with in the riparian buffer area.
For more information, please contact this office. 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. 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.

Mr. Nicky Wagoner
Page 3 of 3
May 3, 2007
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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 .0259(9)(b)]. Please call Roberto Scheller at
252-948-3940 if you have any questions or require copies of our rules or procedural materials.
Sincerely,
c~~~ -____-..
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Minor Variance Approval
Certificate of Completion
cc: Matt Bramblett, PE, Hart & Hickman
DWQ WaRO Regional Office
DWQ Central Office, Cyndi Karoly
Central Files
Beaufort Co; Dept. of Building Inspections

Certification of Completion
D~T~'Q Project No.:
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within tl~e 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 160 Mail Service Center, Raleigh, NC, ?7699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I.
used in the observation of the
compliance and intent of the 401
and other supporting materials.
S i Rnatu re:
Agent's Certification
Date:
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules. the approved plans and specifications,
and other supporting materials.
S i Rnature: Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
~~eekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Qualit3~ Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
, hereby state that. to the best of m}~ abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date