20080278 Ver 1_Approval Letter_20080327

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Mazch 27, 2008
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ Project # 08-0278
Beaufort County
Forrest and Millie Green
7370 Dent Drive
Radford, VA 24141
Subject Property: Bay Harbor Lot # 46
Taz-Pamlico Basin, Blounts Cr., 030307, 29-9-1- 91 0, NSW, C, Sw
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B .0259(9)(b)]
Dear Mr. and Ms. Green:
You have our approval, in accordance with the conditions listed below, to impact approximately
850 square feet (ft2) of Zone 2 of the protected buffers to construct a dwelling at the subject
property as described within your variance request dated February 4, 2008 and received by the
Division of Water Quality (DWQ) on February 11, 2008. This letter shall act as your Minor
Variance approval as described within 15A NCAC 2B .0259(9)(b}. In addition to this approval,
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 CAMA 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 maybe 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 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 impacts labeled as "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.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washing on, NC 27889 FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper
NorthCarolina
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Green
Page 2 of 3
2. Buffer Mitigation (EEP)
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 1275 square feet
as required under this variance approval and 15A 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 approval 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 approval authorizes payment into the Riparian
Buffer Restoration Fund to compensate for 1275 ftz of required riparian buffer
mitigation for impacts to 850 ft2 of protected riparian buffers; 03-04-02, 27-43-(1) 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 approval. 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). The dwelling must be guttered
and all discharges must flow into vegetated areas outside the riparian buffer as diffuse flow.
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 Oversight/Express Permitting 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.

Green
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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 Kyle Barnes of the Washington
Regional Office at 252-948-3917 or Amy Chapman of the DWQ 401 Oversight/Express Unit at 919-715-
6823 if you have any questions or require copies of our rules or procedural materials.
Sincerely,
-.. L-- ~,~_---
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Minor Variance
Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead
CAMA, WaRO
File Copy
Central Files
Bryon Lyons, Lyons Custom Builders, Inc.
110 Bath Circle, Washington, NC 27889
Filename: 08-0278