20081480 Ver 1_Approval Letter_20081209

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Michael F, Easley, Governor

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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality

December 9,2008

DWQ Project # 08-1480
Pamlico County

Mr. William Yankalunas
104 Canvasback Point
Hampstead, NC 28443

Subject Property:

Lots #6, Whorton Harbor
Brown Creek, Neuse River Basin

Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]

Dear Mr. Yankalunas:

You have our approval, in accordance with the conditions listed below, to impact approximately
730 square feet (ft2) of Zone 2 of the protected buffers to construct the proposed residential
dwelling at the subject property as described within your variance request dated September 23,
2008 and received by the Division of Water Quality (DWQ) on September 25,2008. This letter
shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(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 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 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 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
943 Washington Square Mall
Washington, NC 27889

Internet: h2o,enrstate.nc,us
Phone [phone]
FAX [phone]

N~rth Carolina
;Vall/fa//II

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Page 2 of3
December 9, 2008

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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 730 square feet as
required under this variance approval and 15A NCAC 2B .0233. 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 .0233, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2B .0233(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 1095 ft2 of required riparian buffer
mitigation for impacts to 730 ft2 of protected riparian buffers; 09-2,03-04-10 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
.0233) 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 .0233(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 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.

,

Mr. William Yankalunas
Page 3 of3
December 9, 2008

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This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer
Protection Ru]es (l5A NCAC 2B .0233 (9)(b)). Please call Roberto Scheller ofthe Washington Regiona]
Office at 252-948-3940 or Amy Chapman of the DWQ 40] Oversight/Express Unit at 9]9-715-6823 if
you have any questions or require copies of our rules or procedural materials.

Sincerely,

'~D~

For Coleen H. Sullins

Enclosures:

Minor Variance
Certificate of Completion

cc: DWQ 401 Oversight/Express Unit
File Copy

Filename: 08-1480