20150187 Ver 1_Approval Letter_20150817

HCDENR
North Cardina Department of EnO'onment and Nat u4 Resources
Pat McCrory
Governor
ZFEM312M
Mohame• Ali & Reern T. Darar
1205 Kinsdale Drive
Raleigh, NC 27615
Donald R, van dEffVaart
Secretary
Subject: Authorization of Tar-Pamlico River Riparian Buffer Protection Rules Major
Variance [15A NCAC 02B.0259(9)(c)] with Additional Conditions
734 Old Pamlico Beach Road
. a M. t
You have our approval for the impacts listed below for the purpose described in your application
dated February 18, 2015 received by the Division of Water Resources (Division) on February 19,
2015 and subsequent information provided on February 21, 2015, May 11, 2015, and June 29,
2015. This letter shall serve as your Major Variance approval with conditions as authorized in 15A
NCAC 02B .0259 (9)(c)(ii). This letter only addresses the major variance from the buffer rules and
does not approve any activity within Waters of the United States or Waters of the State. Please
note that you should get any other federal, state • local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-
Discharge, and Water Supply Watershed regulations.
WINIS ma,
9 111. = �
1=10-042ROT, =_
Amount Approved
(units)
Permanent
587 (square feet)
(units)
7
Temporary
0 (square feet)
Division of Water Resources — 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Locatiom 512 N. Salisbury Sit Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: www.newaterquality.org
An Equal OppodunIty 1 Affirmative Action Employer - Made in part by recycled paper

Mohamed Ali and Reem T. Darar
Major Variance Approval
Page 2 of 4
shall occur within the protected riparian buffer unless approved by the Division.
nnmm•, r; •
Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the Division of Mitigation Services (DMS) to meet this
mitigation requirement, Until DIMS receives and clears your payment, and proof of payment has
been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the DIMS to meet the
following compensatory mitigation requirement [ISA NCAC 02B.0259 (9)(c)(H)]:
Compensatory Mitigation River and Sub-basin
Required Number
Buffers 3,520 (square feet) T030ar-Pamlico
20104
11011111111
5. Erosion and 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.
6. 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

Mohamed Ali and Reem T. Darar
DWR # 15-0187
Major Variance Approval
Page 3 of 4
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.
7, 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 x0259.
& This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference and are an enforceable part
this Approval. If you change your project, you must notify the Division and you may be
required to submit a new application package, If the property is sold, the new owner mu
be given a copy of this Approval and is responsible for complying with all conditions. rl
10. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at:
http:Hportal.ncdenr,org/web/wq/swp/ws/401/`certsandpermits/apply/forms).
11. This approval grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. This approval and its conditions are final and binding unless
contested.
This Buffer Authorization can be contested as provided in Articles 3 and 4 • General Statute 150B
by filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as •AH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at [it J�JA t1'.g
ip- _Li q,L)g _ ► by calling the OaH
Clerk's Office at [phone] for information. A petition is considered filed when the origina'
and one (1) copy along with any applicable OAH filing fee is received in the OAH during norma'�
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
r IT-1-tr F-r I I-al-Te I= IV L 1#, t I
petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.

ME=
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Major Variance Approval
Page 4 of 4
- Yd-f nfr-i, FICTI-3-VITLIC � f / •
FedEx, etc):
#ffice of Administrative Hearings
1711 New Hope Church Road
ikaleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This letter completes the review of the Division under the Tar-Pamlico Riparian Buffer Rules as
described in 15A NCAC 2B .0259. Please contact Jennifer Burdette at 919-807-6364 or
i jj!jifer.burdette.,Ccy).!I�d�t �,,oy or if you have any questions or concerns.
­ . .. . .............. ­­­­­ , _
cc: DWR RRO 401 file
DWR 401 & Buffer Permitting Unit file
Filename: 150187DararProperty(Beaufort)_1AR_MJV.docx