20071426 Ver 1_Approval Letter_20070905

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 5, 2007
DWQ Project # 2007-1426
Franklin County
Richard & Gina Trotta
635 Spencer Court
Wilmington, NC 28412
Subject Property: Lot 139X,104 Big Horn Drive, Lake Royale
Lake Royale [030301, 28-31-(1), B, NSW]
After-the-Fact Authorization of Tar-Pamlico River Riparian Buffer Protection Rules Minor
Variance [15A NCAC 2B .0259(9)(b)]
Dear Mr. and Mrs. Trotta:
You have our after-the-fact authorization, in accordance with the conditions listed below, to
impact approximately 85 square feet (ft2) of Zone 2 of the protected buffers to construct the
trailer and deck at the subject property as described within your variance request dated August
17, 2007 and received by the Division of Water Quality (DWQ) on August 20, 2007, with
additional information received on September 4, 2007. 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 authorization is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new 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. This authorization shall expire five years from the date of
this authorization.
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.
2. Buffer Mitigation (EEP)
4010versighUExpress Review Permitting Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetlands
None Carolina
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Richard & Gina Trotta
Page 2 of 4
September 5, 2007
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for 85 square feet of impacts to the protected riparian
buffers is 128 square feet as required under this variance authorization and 1 SA 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. Susan Klimek should be contacted at [phone] 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 128 ftz of required riparian buffer mitigation
for impacts to 85 ft2 of protected riparian buffers; 03020101 river and subbasin."
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.
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.

Richard & Gina Trotta
Page 3 of 4
September 5, 2007
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
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
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).
6. 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.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording
of the property, or of individual lots, whichever is appropriate. A sample deed
notification can be downloaded from the 401/Wetlands Unit web site at:
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification maybe
modified as appropriate to suit to this project.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If
you do not accept any of the conditions of this authorization, 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 which conforms to Chapter 1 SOB of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. This authorization and its conditions are final and binding unless you ask for a
hearing. This Minor Variance Authorization shall expire five (5) years from the date of this
letter.
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 Ms. Amy Chapman

Richard & Gina Trotta
Page 4 of 4
September 5, 2007
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
CHS/ijm/asc
Enclosures: NC EEP Letter
Certificate of Completion
cc: Lauren Cobb, DWQ Raleigh Regional Office
File Copy
Central Files
File Name: 071426Lot1392CLakeRoyale(Franklin)MinVar

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, the Richard and Gina Trotta have permission as outlined below to impact
85 square feet of Zone 2 protected riparian buffers for the purpose(s) of constructing the proposed deck and trailer
at 104 Big Horn Drive, Lake Royale in Franklin County. All activities associated with these authorized impacts
must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 2007-1426
LOCATION: 104 Big Horn Drive, Lake Royale
COUNTY Franklin
BASIN/ SUB BASIN Tar-Pamlico 03020101
As required by 15A NCAC 2H.0500, and the conditions of this Certification and Isolated Wetlands Permit, you are
required to compensate for the above mitigable impacts through the restoration, creation, enhancement or
preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
85 s ware feet of Zone 2 buffers 128 s uare feet of buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 071426Lot 1392CLakeRoyale(Franklin)EEP
401 Oversight/Express Review Permitting Unit ('
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
N e CarOllna
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Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Certification or Authorization:
Cert~cate of Completion
Upon completion of all work approved within the 401 Water Qualify Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting 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
certif Cates 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 Permittee 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