20071423 Ver 2_Approval Letter_20081007

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 7, 2008
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Jennings Outlaw
2415 West Vernon Avenue
Kinston, NC 28504
Subject Property: Caswell Center-Tile Campus Ditches, Kinston, NC
UT to the Neuse River [030405, 27-(75.7), C, NSW]
Coleen H. Sullins, Director
Division of Water Quality
DWQ # 07-1423v2
Lenoir County
AUTHORIZATION of Neuse River Riparian Buffer Protection Rules MAJOR VARIANCE [15A
NCAC 2B.0233(9)(c)] with ADDITIONAL CONDITIONS
Dear Mr. Outlaw,
You have our authorization, in accordance with the conditions listed below, to impact 43,200
square feet (ft2) of Zone 1 of the protected buffers and 28,800 square feet (ftz) of Zone 2 of the protected
buffers to pipe the perennial stream on the subject property as described within your major variance
request dated August 22, 2008, received by the Division of Water Quality (DWQ) on August 22, 2008,
and approved by the Water Quality Committee on September 10, 2008. This letter shall act as your Major
Variance authorization as described within 15A NCAC 2B..0233(9)(c). 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. This authorization shall expire five years from the date of this
authorization.
This authorization is only valid for the purpose and design that you described in your Major
Variance Request dated August 22, 2008. If you change your project, you must notify us and you may be
required to send us a new request for authorization. If the property is sold, the new owner must be given
a copy of this authorization and is thereby responsible for complying with all conditions. For this
authorization to be valid, you must follow the conditions listed below.
No impacts (except for those approved in this Variance Authorization or those that are
"exempt" uses as identified within 15A NCAC 213 .0233) shall occur to Zone 1 of the
protected riparian buffers.
Passive Stormwater Controls at the Drop Inlets (Final Approval Needed)
No impacts to the protected riparian buffers can occur until the DWQ has approved your
plan for passive stormwater controls at,all the drop inlets for the proposed pipe. You
401 Oversight/Express Review Permits 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://h2o.enr,state.nc.us/ncwetiands
Noe
Noe Carolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Jennings Outlaw
Page 2 of 2
October 7, 2008
must submit a stormwater plan for the drop inlets within thirty (30) days from the date of
receipt of this letter.
Deed Restrictions: Deed restrictions or similar mechanisms shall be placed on all passive
stormwater controls in order to prevent impact of those controls. These mechanisms shall
be put in place prior to impacting any buffers approved for impact under this Variance
Authorization Certificate.
4. Certificate of Completion
Upon completion of all work approved within this Buffer Authorization, 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.
Additional Permits
Please be reminded that you must apply for and receive the appropriate 404 permit
from the Corps of Engineers and a 401 permit from DWQ for the stream impacts at
the site prior to any impacts to the stream or buffers can occur at the subject site.
6. Mitigation:
Mitigation for the removal of Zone 1 and Zone 2 of the protected riparian buffers by
piping the stream, is not being required at this site due to the hardship the Caswell Center
will incur paying mitigation for the 404/401 stream impacts associated with this project.
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 150B 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 letter completes the review of the Division of Water Quality under the Neuse River Riparian
Buffer Protection Rules [15A NCAC 2B .0233(9)(c)]. Please call Amy Chapman at 919-715-6823 if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
Vv
Coleen H. Sullins
Enclosure: Certificate of Completion
cc: Michelle S. Clements, 324 Evans Street, Greenville, NC 27858
Kyle Barnes, DWQ Washington Regional Office
Matt Matthews, DWQ Wetlands and Stormwater Branch
File Copy
CHS/cbk/asc
File: 071423v2CaswellCenterTileCampusDitcbes(Lenoir)Maj VAR

¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Mr. Jennings Outlaw
2415 West Vernon Avenue
Kinston, NC 28504
DWQ# 07-1423-v2-Lenoir
USign e
? Agent
,/ L- ? Add ressee
B. Received by (Printed Name) af Delivery
J-r?0/
D. Is delivery address diffe t f m Item 1? ? yes
If YES, enter delivery ad re s 10 „0 No
I
3. Service Type
Certified Mail ? Express Mail
? Registered A Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(rransferfrom service lat 7008 1300 0001 2224 8989
UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
nn
L W
???!!??Ei??!1??{6?4E?1s}?!?1i1?lliliili?s:11!l1ilE11E???i11?