20120121 Ver 1_Minor Variance_20120329

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 29, 2012
Mr. Archie P. Pentz
Post Office Box 116
Ocracoke, NC 27960
Natural Resources
Dee Freeman
Secretary
DWQ Project # 12 -0121
Hyde County
Subject Property: Lot Located West of Harbor Side Gift Shop off Hwy. 12
Silver Lake, Pamlico Sound, Tar - Pamlico River Basin (TAR -08, 90; SC)
Review for Authorization of Tar - Pamlico River Riparian Buffer Protection Rules Minor Variance
Dear Mr. Pentz:
This Office receiver your Minor Variance Request application dated January 31, 2012 and received by the
N.C. Division of Water Quality (DWQ) on February 7, 2012. After reviewing your buffer variance
request and conducting a site review it has been determined that the existing use, of the subject property,
is present and ongoing. The existing use exemption is applicable only to Zone 2 of the riparian buffer and
is in accordance with 15A NCAC 02B .0259 (3) (b). Only the portion of the riparian buffer that contains
the footprint of the existing use (Zone 2) is exempt from the Rule. Activities necessary to maintain uses
are allowable provided that no additional vegetation is removed from Zone 1 and diffuse flow is
maintained. Grading and revegetating Zone 2 is allowed provided that the health of the vegetation in
Zone 1 is not compromised. 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 for as long as existing uses are present and ongoing. 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
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.org /web /wglws
An Equal Opportunity t Affirmative Action Employer
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Naturally

Mr. Archie P. Pentz
Page 2 of 3
March 29, 2012
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.
2. 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.
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 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 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
hours of 8:OOam and 5:OOpm, except for official state holidays. The original and one (1) copy of the
petition must be filed with the Office of Administrative Hearings.

Mr. Archie P. Pentz
Page 3 of 3
March 29, 2012
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:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This letter completes the review of the Division of Water Quality under the Tar-Pamlico River Riparian
Buffer Protection Rules [15A NCAC 2E .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
File Name: 12-0121