20120399 Ver 1_Approval Letter_20120820

August 20, 2012
Mr. Gwinn Hedrick
401 Vandemere Street
Oriental, NC 28571
DWQ Project # 2012 -0399
Pamlico County
Subject Property: River Winds Condominums, Blackwell Point Loop Rd, Oriental, NC
Smith Creek [27- 129 -(2); NSW, Sw]
Authorization of Neuse River Riparian Buffer Protection Rules Minor Variance 115A NCAC
02B .0233(9)(b)]
Dear Mr. Hedrick:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 440 square feet (ft2 ) of Zone 2 of the protected buffers to construct the two decks
at the subject property as described within your variance request dated April 16, 2012 and
received by the Division of Water Quality (DWQ) on April 23, 2012 with additional information
received by DWQ on August 13, 2012 and August 17, 2012. This letter shall act as your Minor
Variance authorization as described within 15A NCAC 02B .0233(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 authorization is for the purpose and design that you described in your application. If the
property is sold, the new owner(s) must be given a copy of this variance authorization and is
thereby responsible for complying with all conditions. 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 02B .0233) 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 (EBX)
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Hedrick
Page 2 of 5
August 20, 2012
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for 440 square feet of impacts to Zone 2 of the protected
riparian buffers is 660 square feet as required under this variance authorization and 15A
NCAC 2B .0242. We understand that you wish to make a payment into the Riparian
Buffer Restoration Fund administered by the Environmental Banc and Exchange (EBX)
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 02B
.0242, this contribution will satisfy our compensatory mitigation requirements under 15A
NCAC 02B .0233(9)(b). Until the EBX receives and clears your check, no impacts
specified in this variance authorization shall occur. Mr. Matt Fisher should be contacted
at (239) 872 -1678 if you have any questions concerning payment into the EBX. For
accounting purposes, this variance authorization authorizes payment into the Riparian
Buffer Restoration Fund to compensate for 660 ft2 of required riparian buffer mitigation
for impacts to 440 ft2 of protected riparian buffers.
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 .0242) 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
Webscape Unit for review and authorization. No impacts shall occur to the protected
buffers until the mitigation plan is approved by the DWQ.
p, 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:
t 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.
ba, 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.
Q, 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.
4. 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

Hedrick
Page 3 of 5
August 20, 2012
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.
5. Diffuse Flow
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 02B. 0233 (5).
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities to
ensure compliance with 15A NCAC 2B . 0233.
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 Webscape Unit, North Carolina DWQ, 1650 Mail Service Center, Raleigh, NC,
27699 -1650.
8. Deed Restrictions
Gwinn Hedrick (permittee) shall execute and cause to be recorded in the Pamlico County
Register of Deeds restrictive covenants acceptable to the DWQ for the purpose of
maintaining the riparian buffers, as shown on the recorded plat in their natural state in
perpetuity, prior to the sale of Units 1 & 2 of River Winds Condominiums in Oriental,
NC.
No person or entity shall perform any of the following activities on such buffer
conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes, signs, utility
poles or towers, or any other permanent or temporary structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation
area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the Neuse Buffer Rules
(15A NCAC 2B.0233) of the DWQ and therefore may be enforced by the DWQ. This
covenant is to run with the land, and shall be binding on the Owner, and all parties
claiming under it."

Hedrick
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August 20, 2012
The permittee shall enforce the terms of the restrictive covenants and shall take no action
on the subject site described in the covenants inconsistent with the terms thereof. This
requirement excludes riparian areas authorized accordance with this minor variance for
impacts in approval. The permittee shall provide a copy of the recorded restrictive
covenants to the DWQ within 15 days of recording.
If you wish to contest any part of this 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)
calendar 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.
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], Fax: [phone]
A copy of the petition must also be served on DENR as follows:
Mr. William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the DWQ under the Neuse River Riparian Buffer Protection
Rules [15A NCAC 2B .0233(9)(b)]. Please call Ms. Amy Chapman at (919) 807 -6400 or Ms.
Karen Higgins (919) 807 -6360 if you have any questions.
C W /kah/asc

Hedrick
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August 20, 2012
Enclosures: Certificate of Completion
cc: Roberto Scheller, DWQ Washington Regional Office
File Copy
David Moye, DCM, Washington District Office
Matt Fisher, rnattfigher&ebx saxom
File Name: 120399RiverWindsCondominiums (Pamlico)MinVar