20052185 Ver 1_Complete File_20050129

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimck, P.E. Director
Division of Water Quality
February 6, 2006
DWQ Project # 05-2185
Pitt County
William H. Clark
200 East Arlington Blvd.
Suite E
Greenville, NC 27858
CERTIFIED MAIL: #7003 3110 0002 0608 7624
Subject Property: 700 Carnoustie Drive
Greenville, NC
Tar-Pamlico Basin
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Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B.0259
(9)(b)]
Dear Mr. Clark,
You have our approval, in accordance with the conditions listed below, to impact 100 square feet (ft) of Zone
2 of the protected buffers to construct a retaining wall on the subject property as described within your variance
request dated November 29, 2005 and received by the Division of Water Quality (DWQ) on December 9, 2005.
These impacts must be in accordance with the plot plan submitted with your application. This letter shall act as
your Minor Variance approval as described within 15A NCAC 213 .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 Division of Coastal
Management 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 plot plan 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 proposed and "exempt" uses as identified within 15A NCAC 213 .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]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NorthCarolina
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2. Buffer Mitigation (EEP)
Option 1:
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 150square
feet as required under this variance approval and 15A NCAC 2B .0259. You have the option
to make a payment into the Riparian Buffer Restoration Fund administered by the NC
Ecological 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)(b). Until the EEP receives and clears your check
(made payable to: DENR -Ecological 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 150 ft2 of required riparian buffer mitigation
for impacts to 100 ft2 of protected riparian buffers; 03-03-05, (28-97-1-1) 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 1 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.
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).
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/Wetlands Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.

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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.
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 at 252-948-3917 if you have any
questions or require copies of our rules or procedural materials.
Sincerely,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Project Plan
cc: DWQ WaRO Regional Office
DWQ Central Office, Cyndi Karoly
Central Files
Pitt Co; Dept. of Building Inspections
DWQ Project No.:
Applicant: _
Project Name:
Date of Issuance of Isolated Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
1,
used in the observation of the
compliance and intent-of the 401
and other supporting materials. .
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Certification of Completion
County:
Date:
hereby state that. to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications.
Signature: Registration No. Date

OFFICE USE ONLY: Date Received Rc{?lll_ll lll?l
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
DEC 6 2005
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Variance Request Form - for Minor Vari Z
Protection and Maintenance of Riparian Areas Rules
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NOTE: This form may be photocopied for use as an original.
FEB 1 0 2006
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Please identify which Riparian Area (Buffer) Protection Rule applies.
? Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B.0259)
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
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):
Brook Valley Realty Company, Inc.
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: William H. Clark
Title: President
Street address: 200 East Arlington Boulevard, Suite B
City, State, Zip: Greenville NC 27858
Telephone: [phone]
Fax: [phone]
3. Contact person who can answer questions about the proposed project:
Name: Linwood E. Stroud
Telephone: ( 252) 756-9352
Fax: [phone]
Email: [e-mail]
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Brook Valley, Section 10, Lot 32
Version 2: November 2002
1 -
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
700 Carnoustie Drive
Greenville, NC 27858
Pitt
35° 35.27' / 77° 20.99'
6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the USGS
topographic map indicating the location of the site):
From the intersection of NC33 and Alt. US264 (Greenville Blvd.) follow NC33 east toward
Grimesland about 1 mile to Brook Valley Subdivision entrance (Oxford Rd.), turn right on
Oxford Rd. and go 0.9 miles to Kensington Dr. turn right on Kensington and cross bridge.
Proceed to Bloomsburg Rd., turn right on Bloomsburg and proceed to the next street, Carnoustie
Dr. Lot 32 is at the SW corner of Bloomsburg and Carnoustie.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT to Beli!s Branch
Stream classification [as identified within the Schedule of Classifications 15A NCAC 213
.0315 (Neuse) or.0316 (Tar-Pamlico)]: CNSW
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
No CAMA Major
No CAMA Minor
Yes Yes 01-29-02 401 Certification/404 Permit
No On-site Wastewater Permit
No NPDES Permit (including stormwater)
NQ,- Non-discharge Permit
Water Supply Watershed Variance
No 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 ft2.]:
Construction of a bulk head and fill to make lots useable for construction of new home.
Area of buffer impact ism SF. Impact will be limited to_zone 2.
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:
The construction of the bulkhead will minimize fill within the buffer zone.
Variance Request Form, page 2
Version 2: November 2000

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.):
The construction will result in flatter slopes through the buffer zone which will reduce
velocity of storm water runoff. Upon completion of fill the disturbed area will be
planted with grass
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
The strict application of this rule would Beverly limit the use of Lot 32 for home
construction compatible with other homes in the neignbornoou.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The property was fully developed prior to the adoption of the Tar-Pamlico rules. The
imposition of a 50ft buffer rendered the lots too small for the intended use.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
This is a 34 lot subdivision developed at a cost of $847,560.00; and a land cost of
$233,700.00. The loss of .this lot would represent 2.940 or '$24,918.00..
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):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
1 William H. Clark (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 accord an e " rt 5 of this form will be recorded with all required permit
conditions.
Signature:
Date:
Title:
Variance Request Form, page 4
Version 2: November 2000
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~ / REFEI REFERENCE: MAP BOOK 43, PAGES.29 AND 29A OF THE PITT COUNTY REGISTRY
4 _ GREENVILLE, GREENVILLE TWSP., PITT COUNTY, NC
~ THE PURPOSE OF THIS MAP IS TO i~ SHOW THE AREA PROPOSED TO BE
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