20052109 Ver 1_Complete File_20051220

P15%:
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor
January 10, 2006
Mr. Brent Cooper
104 Greenside Ct.
New Bern, NC 28562
Certified Mail #7003 3110 0002 0608 7549
Subject Property: Lot 84, Old Towne, Turtle Bay, Section VI
New Bern, NC 28560
Neuse River Basin
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 05-2109
Craven County
JAN 1 3 2006
DEDSAR - WATER QUALITY
WETLAN
AND STORMWATER ERAN; i i
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico
Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the
Coastal Counties as defined by the Coastal Area Management Act with Additional Conditions
Dear Mr. Miller:
You have our approval, in accordance with the conditions listed below, to impact approximately
269 square feet (ft) of Zone I and 894 square feet of impact to Zone II of the protected
riparian buffers for the purpose of constructing a dwelling on the subject property as described
within your application dated November 9, 2005 and received on November 21, 2005. This letter
shall act as your approval for the use of the "General" Major Variance; From the Neuse River
Riparian Buffer Rules for the Construction of Structures on Existing Lots within the Coastal
Counties as defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS
as approved by the Water Quality Committee (WQC) of the Environmental Management
Commission (EMC) on May 10, 2001. 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.
+?1+?
iTC-b NR-
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
The Additional Conditions of the Certification are:
1. 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.
2. Diffuse Flow
All new stormwater drainage shall be directed to vegetated areas 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
3. Buffer Mitigation (EEP/Restoration)
Option 1:
You are required to mitigate for Zone I impacts to the protected riparian buffers. The
required area of mitigation to compensate for impacts to the protected riparian buffers is
269 square feet as required under this variance approval and 15A NCAC 2B .0233.You
have agreed 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. The EEP
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 269 ft2 of required
riparian buffer mitigation for impacts to 40 ft2 of protected riparian buffers; 03-04-
10, 27-101-(39) river and subbasin."
Option 2:
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 .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 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. 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 150B 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)(c)). Please contact Kyle Barnes at
252-948-3917 if you have any questions or require copies of our rules or procedural materials.
Sincerely,
Al odge/Su is
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

OFFICE USE ONLY: Date Received
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Request #
JAN 1 3 2006
"General" Major Variance Application f=orrrt44DNsR4W TE AYTER RANCH
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
' f Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 4011Wet1ands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919.733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
?)rcm4- n wo•.r
2 0 0 5 2 1 0 9
9
N O V 1 fj 2005

2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Ere A V (?soar. ?
Title: ownt?
Street address: _ 101A r? • •s: d? v.
City, State, Zip: Nwr 6". , ?. c-
Zg., cz
Telephone: (1-62-) G 3-7- -7 G-L
Fax:-1
3. Contact person who can answer questions about the proposed project:
Name: Qrc.+>r Coo N Crr>; a? w
Telephone: (1,11-?i9qI'll Fax: LS?) G38 5947-
Email: bnn?. cw?cv C Io "Uia c.r, tenC o1zq e Ma; l,«H ,
'General' Variance Application Form
Version 1: May 2001

4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.).
j, L": 1 _^ ? ir,., CONS tv 6g- h'" fv- Pi'e, - r r ?Pg 5. Project Location:
Street address: Lo I' M O 1 de YoU?? Ty.v}Ic (;cry r 5 c?fi•? V?
City, State, Zip: Nw ?c;: , P C. Z4 fGa
County: r vA
Latitude/longitude: rA,•,, ??i1s '-77J VJ • qS • 35"oS • oo"
6. Directions to site from nearest major intersection (Also,, attach an 8 % x 11 copy of the portion
of the USGS to ographic map indicatin the location of the site):
CbMN ??NN ??l5 dA4 Pr,., S^lct t
/rO u o c/, 4 x4. 5- 4?I±?. IN 1 Ar f A H ` w all-
LC On ntts If-if I n- Z ,?kv G?r / o Av, Si- 17 V'U?'S"C' 7i
ur.v f- ;rl 4-f- o.% TL.: ft- o.•. of- is f/w tze-1J
ov\ +1,, I aIrr.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as `UT" to the nearest named stream):
®1 da, Tom n e, t u.ke
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or .0316 (Tar-Pamlico)]: 11 SA Ncn G 26.0315
8. Which of the following permits/approvals will be required or have been received already for
this project?
Regyired: Received: Date received: Permit Type:
? CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
Active Connection to Sanitary Sewer System
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer Impact in fe.:
d C.,nstY??
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
'General' Variance Application Form, page 2
Version 1: May 2001
7?? 10?' Si -Le- LiLA+5 ?dDN? i zip
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3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
A1k conSCrvv-tfn+ ok?,,.L Ota?ecc5 LO tntc;'
D/ "CC-' MIL CA A,1.-1;A.0_ MIAiA%l"le, ir?nc.1_
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
1rJ t, w? kl?. ? ? d- b.,.. a ?l ? ? ?,wl I J- c? ?,? ?,s<- ?ti ae-
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. L.
?hr? n0o{c ? I • ? ?Vv ?ns LKpy, 0???t7
e lko?t" :.? n Ti,.,+i- 6 0 ? ok5v a + J- 4,
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(3) If economic hardship is the mayor consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): C r'i c(c, Co o pt+(
Mailing address: -11) C; rel.. 0r
City, State, Zip: 113?w &,(A, N . c . 2tf6(4 L
Telephone: 01- 0 446
'General' Variance Application Form, page 3
Version 1: May 2001
Fax:
Email: n? o?v C ,; , 11:? c FX h
Part 5: Applicant's Certification
1, Q) (CA+ Co ati r (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
Date:
Title:
5-
own•.C
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
http://h2o.enr.state.nc.us/ncwetiands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
General Number: [phone]
http://www.saw.usace army.mil/wetlands/regtour.htm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number: [phone]
hftp://wvvw.saw.usace.army.mil/wetlands/regtour.htm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
Phone: [phone]
"General' Variance Application Form, page 4
Version 1: May 2001
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