20071041 Ver 1_Approval Letter_20070912

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Chuck Wakild, Deputy Director
Division of Water Quality
September 12, 2007
DWQ Project # 2007-1041
Hyde County
Joseph R. Winslow, III
312 Shoreline Drive West
Sunset Beach, NC 28468
Subject Property: Lot 10, Brugh/Price S/d (Pamlico Shores)
Ocracoke, NC
Tar-Pamlico Basin
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0259
(9)(b)]
Authorization of Tar-Pamlico River Buffer Rule (15A NCAC 02B .0259) Authorization Certificate
Dear Mr. Winslow,
You have our approval, in accordance with the conditions listed below, to impact 695 square feet (ft'") of Zone
2 of the protected buffers to construct your building on the subject property as described within your variance
request dated June 4, 2007 and received by the Division of Water Quality (DWQ) on June 6, 2007. You are also
authorized to construct a 6-foot wide elevated walkway through Zone 1 of the protected buffers for water
access. These impacts must be in accordance with the plot plan submitted with your application. This letter
shall act as your Minor Variance approval and Buffer Authorization as described within 15A NCAC 2B
.0259(9)(b) and 15A NCAC 2B .0259(7)(b), respectively. In addition to these approvals, 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 and Division of Coastal Management regulations.
This approval 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 approval and plot plan and is thereby responsible for
complying with all conditions. This approval requires you to follow any conditions listed below.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for proposed and "exempt" uses as identified within 15A NCAC 2B .0259(6)) 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.
North Cazolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Squaze Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper ~atura!!~

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2. Buffer Mitigation (EEP)
Option 1:
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 1,043 square feet as required
under this variance approval and 15A NCAC 2B .0259. You have the option to make a payment into the
Riparian Buffer Restoration Fund administered by the NC Ecological 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)(b). Until the EEP receives
and clears your check (made payable to: DENR -Ecological 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 approval authorizes payment into the Riparian Buffer
Restoration Fund to compensate for 1,043 ft2 of required riparian buffer mitigation for impacts to
695 ft2 of protected riparian buffers; 03-03-08, 29-89 river and subbasin."
Option 2:
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 Unit -Washington Regional Office for review and
approval. For more information, please contact this office. No impacts shall occur to the protected
buffers until the mitigation plan is approved by the DWQ.
3. 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).
4. 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, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
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 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 which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you ask
for a hearing. This Minor Variance Approval 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 Chris Pullinger at 252-948-3920 if you have any
questions or require copies of our rules or procedural materials.
Sincerely,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Project Plan
cc: DWQ WaRO Regional Office
DWQ Central Office
Central Files
Hyde Co; Dept. of Building Inspections

W,llar~ Michael F. Easley, Governor
`
O~~ 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
Cq ~. Coleen H. Sullins, Director
j ~ Division of Water Quality
O T
DWQ Project No.: _
Applicant:
Project Name:
Date of Issuance of 401
Water Quality Certification:
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
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County:
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), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands!

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