20050490 Ver 1_Approval Letter_20070523

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 23, 2007
DWQ Project # OS-0490
Pamlico County
Mr. Fred Johnston.
404 Broad Street
Oriental, NC 28571
Subject Property: Lot 2, Fred and Robin Johnston Subdivision
Minnesott Beach, NC 27960
Neuse River Basin
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico Riparian
Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as
defined by the Coastal Area Management Act with Additional Conditions
Dear Mr. Johnston:
You have our approval, in accordance with the conditions listed below, to impact approximately 1,062 square
feet (ft2) of Zone I and 1,050 square feet of Zone II of the protected riparian buffers for the purpose of
constructing a dwelling and decks on the subject property as described within your application dated February
20, 2005, and received in full on February 9, 2007. This letter shall act as your approval for the use of the
"General" Major Variance; From the Neuse River Riparian Buffer Rules for the Construction of Structures on
Existing Lots within the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL
CONDITIONS as approved by the Water Quality Committee (WQC) of the Environmental Management
Commission (EMC) on November 10, 2005. In addition, you should get any other required federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control
and CAMA permits. This approval shall expire in five years from the date of this letter.
This approval is for the purpose and design that you described in your variance request. If you change your
project, 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 must be given a copy of this approval and plat thereby assuming responsible for
complying with all conditions. This approval requires you to follow the conditions listed below.
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper
No"rthCarolina
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The Additional Conditions of the Certification are:
1. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached certificate of
completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 943 Washington
Square Mall, Washington, NC 27889.
2. Diffuse Flow
All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-erosive
velocities prior to entering the protected riparian buffers as identified within 15A NCAC 2B .0259(5).
No new ditching or piping of stormwater through the protected buffers is allowed
3. Continued monitoring and reporting, per NOV requirements
As a result of a previous violation on this site, a restoration plan has been approved that requires
monitoring and reporting of riparian buffer restoration efforts for five (5) years after approval of the
restoration plan. You aze required to continue monitoring the affected area of the violation that is not
removed by this variance request until the restoration has been completed and the violation resolved.
4. Buffer Mitigation (EEP/Restoration)
You are required to mitigate for Zone I impacts to the protected riparian buffers. The required azea of
mitigation to compensate for impacts to the protected riparian buffers is 1,062 square feet as required
under this variance approval and 15A NCAC 2B .0259.You may make a payment into the Ripazian
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 approval shall occur. The EEP should be contacted at [phone] if you
have any questions concerning payment into the EEP. For accounting purposes, this variance
a~proval authorizes payment into the Riparian Buffer Restoration Fund to compensate for 1,062
f of required riparian buffer mitigation for impacts to 1,062 ftZ of protected riparian buffers; 03-
04-10, 27-(104)/27-114 river and subbasin."

The DWQ will 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 Wetlands/401 Unitl Washington Regional Office for review and
approval. This plan should include a proposal to plant native species of hazdwood trees with in the
riparian buffer azea. For more information, please contact this office. If you choose to pursue this option,
no impacts shall occur to the protected buffers until the mitigation plan is approved by the DWQ.
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. To ask for a hearing, send a written petition that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings to:
6714 Mail Service Center, Raleigh, NC 27699-6714. This approval and its conditions aze final and binding
unless you ask for a hearing.
This letter completes. the review of the Division of Water Quality under the Neuse River Riparian Buffer
Protection Rules (15A NCAC 2B .0259 (9)(c)). Please contact Chris Pullinger at 252-948-3920 if you have any
questions or require copies of our rules or procedural materials.
Sincerely,
~-.. _. i~-----9-
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Plat (drawing of impacts)
cc: DWQ WaRO Regional Office
DWQ Central Office, Ian McMillan
Central Files
Pamlico County Building Inspections
CAMA Morehead City

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project No.: County:
Applicant:
Pro}ect Name:
Date of Issuance of 401 Water Quality Certification or Buffer Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized
to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction
such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other
supporting materials.
Signature Registration No.
Date
*dCDEh
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), g19-733-6893 (fax), http://h2o.encstate.nc.uslncwetlands/

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