20060161 Ver 1_COMPLETE FILE_20060202

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March 14, 2006
Mr. Mike and Judy Lawson
495 Back Road
Ocracoke, NC 27960
MAR 1 7 2006
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TTTER ORUrY
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Subject Property: Lot D, Marks Path
Ocracoke, NC
Tar-Pamlico River Basin
Certified Mail: # 7003 3110 0002 0608 7952
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0161
Hyde County
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A NCAC 02B .0259
(9)(b)l
Dear Mr. Lawson:
You have our approval, in accordance with the conditions listed below to construct a dwelling on the subject
property. This letter shall act as your Minor Variance approval as described within 15A NCAC 02B
.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.
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 plat of the proposed impacted area 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 02B .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] One
Washington, NC 27889 FAX [phone] NorthCarolliina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Natunally

2. Buffer 1Nlitigation (EEP)
The required area of mitigation to compensate for impacts to the protected riparian buffers is 1026
square feet as required under this variance approval and 15A NCAC 02B .0260(3)(b)(ii)
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 \fCAC 02B .0259. this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 02B .0259(10)(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 1026 ft2 of required riparian buffer mitigation for
impacts to 684 IT of protected riparian buffers; 03-03-08, 29-49-3 river and subbasin."
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 .0260)(9) to
satisfy this mitigation requirement. If you choose to pursue this option, then you are required to submit
in «-riting a mitigation plan to the DWQ Wetlands/401 Unit/ Washington Regional Office 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 02B .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.
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, ITC 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 Neuse River Riparian Buffer
Protection Rules [15A NCAC 02B.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,
-m
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Plat of Property
cc: DWQ WaRO Regional Office
DWQ Central Office, Ian McMillan
Central Files
Hyde Co; Dept. of Building Inspections
CAMA Morehead
HYDE COUNTY HEALTH DEPARTMENT SITE PLAN
JDY LAWSON - 5o' 0
ERMIT #102604-1u=,
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OFFICE USE ONLY: Date Received
Request #
State of North Carolina MAR j
Department of Environment and Natural Resources 7 Zonjj ,
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Division of Water Quality DE AIR
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Variance Request Form - for MindNariances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original.
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 0213.0259)
o 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
2. Print Owner/Sign
Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
3. Contact person who can answer questions about the proposed project:
Name: s? a1_vvl-Q.S
Telephone: ??
Fax:
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and mainten nce a reem nts, tc.): 1
A-x

, individual, etc. who owns the property):
Version 2: November 2002

5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude
6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the USGS
topographic Map indicating the location of the site)-
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7. Stream to be impacted by the proposed activity:
Stream naraq (for nnam streams abet as "UT to the nearest named stream):
U 7 co Std-Y_
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: TA-r- QA4y%1,tg
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date re eived:
_L?o IY>cqu r re
?Q `- eq U t r
V. SAP-P?' c t'04
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
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 impa t,in ft2.]: 3 ee rct-n
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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:
¢ tz f? 5*g_ni:ft t a rev, o F wuA V1 s_ ra ss-P S t o iii I? 0l. 6 „? l-ti c s
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avesk D tit Cs 'PcLrCe_ t tis LN' •A ?osb; i b le- • '?+Q S4 w f lA.1? a S P yip ra Sect,
`tS ?tS {MiI???v?C.( a5 poSeibUe, <a ctS i? 619o c"YVrncrxto
Variance Request Form, page 2
Version 2: November 2000
i

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

4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
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(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
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rA- nnrurs l? ru cr a i r e r VF-, «;r. G F OW5 p n io e,+v ? a -*q
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(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportiorf of the hardship to the entire value of the project.
cvr n .c in?rcls? q h U e c crt ? S i ?I.? irc? f'r CYI ?I Cca S-e 'Ft?
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?-ut vc bee vo i hie 'OLVn ('1Y q e l?e- V-CA-f ,'mks_ 12{ s t ?-.r? c t
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of-
Part 3: Deed Restrictions N`akf md? ? VC&YYx ° f- o w at?rslht P
1e"Fo5S(tb(.c-,
b f?2irwtS?
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 (indi)
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
i
Variance Request Form, page 3
Version 2: November 2000

JCL t Lcvyi.._ (print or type name of person
tl-t?t.aC I.LIMi :dam .. ?_?..G-?'
listed in Part I, Item 2), certify that the nformation 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.
Ltv- V*-Jj??
Signature: v- -- ," -
Date: 3
UZA/LL
Title:
Variance Request Form, page 4
Version 2: November 2000