20070553 Ver 1_Approval Letter_20070912

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colleen Sullins, Director
Division of Water Quality
September 12, 2007
DWQ Project # 2007-0553
Craven County
Mitchell Brydge
Brydge & Lee, Inc.
1210 Broad Creek Road
New Bern, NC 28560
Subject Property: Un-named Subdivision (currently Trent Mobile Home Park site)
New Bern, NC 28556
Neuse River Basin
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233 (9)(b)]
Dear Mr. Brydge:
You have our approval, in accordance with the conditions listed below, to impact 3,469 square feet of Zone II
of the protected riparian buffers for the purpose of constructing residential dwellings on the subject property as
described within your application. This letter shall act as your Minor Variance approval as described within 15A
NCAC 2B .0233(9)(b). 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.
The Additional Conditions of the Certification are:
1. No Zone I impacts
No impacts (except for proposed and "exempt" uses as identified within 15A NCAC 2B .0233(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.
2. 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.
North Carolina Division of Water Quality Internet: www.ncwaterqualin~.ore
943 Washington Squaze Mall Phone: [phone]
Washington, NC 27884 FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper
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3. Diffuse Flow requirement
All new stormwater drainage shall be directed to vegetated azeas as diffuse flow at non-erosive
velocities prior to entering the protected riparian buffers as identified within 15A NCAC 2B .0233(5).
No new ditching or piping of stormwater through the protected buffers is allowed. In order to achieve
diffuse flow, the berm that currently exists in Zone 1 along the stream must be removed. Any vegetation
that is cut during removal of the berm must be restored in kind. Upon completion of the vegetation
restoration, Zone 1 will be left undisturbed except for uses identified as "exempt" within 1 SA NCAC 2B
.0233(6).
4. Removal of septic tanks within the Neuse Buffer
All septic tanks that are currently within Zones 1 and 2 of the riparian buffer should be removed, and the
buffer restored. All new and future septic treatment for this project must be connected to a regional
wastewater treatment facility.
5. Coastal Stormwater Permit requirement
Prior to construction, a coastal stormwater plan must be applied for and received. This vaziance
approval is valid only when this condition is met.
6. Deed notification
If the subdivision is to be broken up into individual lots, the placement of any homes yet to be
constructed must be written into the new deed to match the impacts specifically approved herein.
Suggested language to include in the deed notification can be found at
http://h2o.ehnr.state.nc.us/ncwetlands/ documents/wet_buf compl.pdf
7. Buffer Mitigation (EEP/Restoration)
You are required to mitigate for Zone II impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 5,204 square feet (ftZ) as
required under this vaziance approval and 15A NCAC 2B .0242.You may 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 .0242, this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(b). 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 5,204
f of required riparian buffer mitigation for impacts to 3,469 ftz of protected riparian buffers; 03-
04-10, 27-01-37 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 .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 Wetlands/401 Unit/ Washington Regional Office for review and
approval. This plan should include a proposal to plant native species of hardwood trees with in the
riparian buffer area. 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 1 SOB 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 are 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 .0233 (9)(b)). Please contact Chris Pullinger at 252-948-3920 if you have any
questions or require copies of our rules or procedural materials.
S' cerely
~, ~.. ,~ ~
Al odge upervisor
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
Craven County Building Inspections
CAMA Morehead City

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