20120679 Ver 1_Minor Variance_20120728

GA A
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
July 28, 2012
City of Washington
Mr. John Rodman
102• East Second Street
Washington, NC 27889
DWQ Project # 12 -0679
Beaufort County
Subject Property: City of Washington, Dock Facilities Improvements
Tar - Pamlico River Basin, Pamlico River [TAR 07, 29 -(1); NSW, SC]
Authorization of Tar - Pamlico River Riparian Buffer Protection Rules Minor Variance 115A
NCAC 2B.0259 (9)(b)]
Dear Mr. Rodman:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 478 square feet (ft) of Zone 2 of the protected buffers to construct public
restrooms and dock master office at tCase number 701 described within your variance
request dated July 11, 2012 and received by the Division of Water Quality (DWQ) on July 11,
2012. 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 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 -1786 \ FAX: 919 - 733 -6893
Internet: http : / /portal,ncdenr.org /webiwq /ws
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Natumilb,

COW, Dock Facility Improvement
Mr. John Rodman
July 28, 2012
Page 2 of 4
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. Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for 478 square feet of impacts to Zone 2 of the protected
riparian buffers is 717 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 (919) 716 -1921 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 717 square feet of required riparian buffer mitigation for impacts to 478
square feet of protected ri ari- - T '�3- 03- 07river and sub basin.
Case number 71
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.

COW, Dock Facility Improvement
Mr. John Rodman
July 28, 2012
Page 3 of 4
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 Case number ' 72 authorization, and any subsequent
modifications, the applicant is requirea 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 8:00am 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

COW, Dock Facility Improvement
Mr. John Rodman
July 28, 2012
Page 4 of 4
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 at
252- 948 -3940 if you have any questions or require copies of our rules or procedural materials.
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certification of Comp'-­
Case number 73
cc: DWQ 401 Oversight /Express Unit
File Copy
File Name: 12 -0679

.��� RECEIVED
NC�E�lI
North Carolina Department of Environment and Natural Resources JUL 1 1 2012
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director DWQ. sr�q(a^
Wa y bb)6 *9D a I9 p
r
Variance dl`
Do. FUl(�Ii -X � Vbv
ar ance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form maybe photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
u Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
Tar - Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B.0259) Case number 74
u Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. woo owns the property):
(� I T Y L jF l��gSii /�G "rte /L' .�_
2
Print Owner /Signing Official
Name:
Title:
Street address: !02 F
City, State, Zip: 1
Telephone: (15a.. }_
Fax: ( :zs ;. ) " ,
ly responsible for the property and its compliance)
Contact person who can answer questions about the proposed project:
Name: -JVHN ni�rill�t%
Telephone:
Fax:
Email:
Version 4: July 2009

4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation avid maintenance agreements, etc.):
,Z-1d T IJon,1.e,7 J. i7n�J/.�rtd47^r. -d Cd /�i ,T`t
5.N Pr©ject°Locatfon
Streejt address
City, State, Zip:
County:
Latitude /longitude:
6. Date property was purchased: WffM IoW- aR_� EV11j51' AL J 96
7. Is your project in one of the oastal Counties covered under the Coastal Area
Management Act (CAMA)? ES O
7a. If you answered yes to ques 1, in which AEC do you fall (30 ft or 75 ft) ? '76
7b. What is the total percent of impervious cover that you have proposed within the AEC?
3 ,.� llveer,45C(Fill in the blank).
!nf ��tSPs'f2,El�E�i:�
8. Directions to site from nearest major intersection (Also, attach an 8' /Z x 11 copy of the USGS
topographic map indicating the location of the site):
9. Stream to be impacted by the proposed activity:
Stream name (for unnamed stre ^^^ °' ^ "°' — " "T" - fkq nearest named stream):
Case number 75
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or .0316 (Tar - Pamlico)]: _, V iN G
10. Which of the following permits /approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification /404 Permit
On -site Wastewater Permit
NPDES Permit (including stormwater)
Non - discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
Description /purpose of proposed activity [Also, please attach a map of sufficient detail (such
as a plat map or site plan) to accurately delineate the boundaries of the land to be utilized in
carrying out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft2.]:
ass o
Variance Request Form, page 2
Version 4: July 2009
IV

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1A EA-e,,F
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
j57'iNf- al Ivr>Ckma ►- T ItN1xe V61 Ta4- 7'RAFF1C
-r - 6 Lk AFM OV1 L e lLl ri OP RE. 101 iN4
i"J1_-'},- 6Erk5Oi> S OLIa" u n-t, lMyL- miNllmm, efga!atf#VsE/ -LL g&L)6fF t WI-e- 9E
ircX A,AIII <)Pr.t f, Tr] F-P<riAk-e S12bQrAa-)Arid67 SVSiF/N . 1-ft- [-- PPM7'L 0 UYYI t)F_
3, Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re- planting vegetation or enhancement of existing vegetation, etc.):`
611
J Zolf l
twAy.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this f
Rule.
M
(2) How these difficulties or harCase number 76tions that are unique to the property
involved.
i /on! >=
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
NONE
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Variance Request Form, page 3
Version 4: July 2009

Designated agent (individual or firm): AIM
Mailing address:
City, State, Zip:
Telephone:
Fax:
Part 5e Applicant's Certification
(print or type name of person
listed in Part I, Item 2), certify that the informatI n Included on this permit application form is
correct, that the project will be constructed In conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions_
Signature:
Date:
Title:
Case number 77
Variance Request Form, page 4
Version 4: July 2009
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