20061226 Ver 1_COMPLETE FILE_20060731

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
August 11, 2006
DWQ Project # 06-1226
Craven County
Mr. Dustin G. Tyson
1150 Hwy. 70 East
New Bern, NC 28560
CERTIFIED MAIL: #7006 0100 0000 8384 4388
Subject Property: 157 Ducks Way
New Bern, NC
Neuse River Basin
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Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233 (9)(b)]
Dear Mr. Tyson:
You have our approval, in accordance with the conditions listed below, to impact 1300 square
feet (ft2) of Zone 2 of the protected buffers to construct a dwelling on the subject property as
described within your variance request received by the Division of Water Quality (DWQ) on
July 18, 2006. These impacts must be in accordance with the plat plan submitted with your
application. 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 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 plat
plan and is thereby responsible for complying with all conditions. This approval requires
you to follow any conditions listed below.
North Carolina Division of Water Quality Internet www.ncwateroualitv.ore
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 Awmallff

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 2B .0233)
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.
2. Buffer Mitigation (EEP)
Option l:
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 1950 square feet
as required under this variance approval and 15A NCAC 2B .0233. 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 .023 3, this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2B .0233(9)(i)(C). 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 1950 ft2 of required riparian buffer mitigation
for impacts to 1300 ft2 of protected riparian buffers; 03-04-10 river and sub basin.
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 .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 Wetlands/401 Unit/ Washington Regional Office
for review and approval. This plan should include a proposal to plant native species of hardwood
---trees-within-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 .0233(5).
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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, 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 Neuse River
Riparian Buffer Protection Rules [15A NCAC 2B.0233(9)(b)]. Please call Roberto Scheller at
252-948-3940 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 Wa.RO Regional Office
DWQ Central Office, Cyndi Karoly
Central Files
Craven Co; Dept. of Building Inspections
CAMA /Morehead Office
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