20120024 Ver 1_Approval Letter_20120209

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
February 9 2012
DWQ Project # 12 0024
L County Pamlico
Robert & Deborah Berger
6110 Horton Road
Oriental NC 28571
Subject Property 6110 Horton Road
� Otter Creek [NEU10 27 108, SC Sw, NSW]
Dear Mr and Mrs Berger
You have our authorization of exemption from the Neuse River Riparian Buffer Rules [I 5A
NCAC 2B 0233] for the conversion of an 3' high open slatted wood deck to a covered sunroom
located at 6110 Horton Road in Oriental Pamlico County This activity is considered exempt
from the Neuse Buffer Rules [15A NCAC 02B 0233] due to the documentation of an existing
use (existing impact) within the buffer In this case the impact (removal of vegetation) within
the buffer from the deck is considered an existing impact Conversion from wood slatted
decking to concrete slab would not result in any `new impact within the buffer
Due to the documented existing use within the riparian buffer, conversion of the 240 SF deck to
a 240 SF sunroom does not require a minor variance approval from the Division of Water
Quality (DWQ) However, the Division requests you employ the use of plantings of woody
stemmed vegetation (shrubs & trees) or collection of rainwater (cisterns) to offset the loss of
infiltration from the new impervious surface
This authorization is only valid for the purpose and design that you described in your Variance
application received by the Washington Regional Office on December 30, 2011 If you change
your project you must notify us and you may be required to send us an application
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 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
North Carolina Division of Water Quality Internet www ncwaterquality ora
943 Washington Square Mall Phone [phone] One
Washington NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer — 50 A Recycled /10 A Post Consumer Paper Naturally

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The mailing address for the Office of Administrative Hearings is
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 6714
Telephone [phone] Fax [phone]
A copy of the petition must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
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 authorization and its conditions are final and binding unless you
ask for a hearing
This letter completes the review of the DWQ under the Neuse River Riparian Buffer Protection
Rules [15A NCAC 2B 0233] Please call Amy Adams at [phone] of the Washington
Regional Office or Amy Chapman at [phone] of the Central Office if you have any
questions or require copies of our rules or procedural materials
kflo y,
e R gional upe rvisor
Surface Water Protection Section
Washington Regional Office
cc Amy Chapman State Buffer Coordinator Archdale WBSCAP unit
Roy Brownlow District Manager Morehead District Office
File Name 12 0024_Berger_NBR_Exempt/aa