20120042 Ver 1_Approval Letter_20120312

C Al
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 2, 2012
Mr. William Farrior
82 East River Acres Road
Washington, NC 27889
DWQ Project # 12 -0042
Beaufort County
Subject Property: Farrior Property Located at 82 East River Acres Road
Pamlico River, Tar - Pamlico River Basin (TAR -07, 29 -(5); NSW, SB)
Authorization of Tar - Pamlico River Riparian Buffer Protection Rules Minor Variance [15A NCAC
2B.0259 (9) (b)] and [House Bill 2011 -394 Section 17(c)]
Dear Mr. Farrior:
You have our authorization, in accordance with the conditions listed below, to impact approximately 104
square feet (ft) of Zone II of the protected buffers to construct an addition at the subject property as
described within your variance request dated January 12, 2012 and received by the Division of Water
Quality (DWQ) on January 13, 2012. This letter shall act as your Minor Variance authorization as
described within 15A NCAC 213 .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 minor variance authorization and is thereby
responsible for complying with all conditions. The new owner must be given a copy of this minor
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
No impacts (except for "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 Oversight/Express Review Permitting Unit
2321 Crabtree Blvd, Suite 250, Raleigh, North Carolina 27604
Phone: 919 - 733 -17861 FAX: 919 - 733 -6893
Internet: http : / /portal.ncdenr.orgtweb /wq /ws
An Equal Opportunity 1 Affirmative Action Employer
No thCarolina
Natu .nallty

Mr. William Farrior
Page 2 of 3
March 2, 2012
2. Buffer Mitigation
Your Buffer Variance request fulfills the requirements for the application of House Bill 2011-
394, Section 17 (c); therefore, no mitigation for Zone Il impacts will be required.
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.
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.
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5. 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 213 .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 Minor 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

Mr. William Farrior
Page 3 of 3
March 2, 2012
hours of 8:00am and 5:00pm, 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: (919)- 733 -2698, Facsimile: (919)- 733 -3478
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
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 in the Washington
Regional Office at 252- 948 -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
Si cerely,
1
Al Hodge, Su ervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
File Name: 12 -0042