20061570 Ver 1_COMPLETE FILE_20060927

?0F WA"A Michael F. Easley, Governor
Is Q
`? G William G. Ross Jr., Secretary
Cq r North Carolina Department of Environment and Natural Resources
0 .? Alan W. Klimek, P.E. Director
Division of Water Quality
October 26, 2006
DWQ Project #06-1570
Franklin County
Mr. Rody L. Harden
Lake Royale
108 Bighorn Drive
Louisburg, NC 27549
Subject Property: 108 Bighorn Drive, Louisburg, NC-Franklin County
Lake Royale [030301, 28-31-(1), B, NSW]
Approval of Tar Pamlico River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B.0259(9)(b)]
Dear Mr. Harden:
You have our approval, in accordance with the conditions listed below, to impact approximately
45 square feet (ftz ) of Zone 2 of the protected buffers to construct a fire pit at the subject
property as described within your variance request dated September 17, 2006 and received by the
Division of Water Quality (DWQ) on September 27, 2006. 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 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 (except for the "exempt" uses as identified within 15A NCAC 2B .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.
2. Buffer Mitigation (Plantings)
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Ralegh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncvvetlands
NOOe Carolina
Ntura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Rody L. Harden l
Page 2 of 3
October 26, 2006
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 will be 45 square
feet as required under this variance approval and 15A NCAC 2B .0259. The DWQ has
determined that you may satisfy this mitigation requirement by planting at least 1 native
woody tree or 3 native shrubs within the retained portions of the protected buffers. You
must ensure their survival for a period of at least five (5) years. You are required to replace
any of these trees or shrubs that die within this five (5) year period. You are required to
provide proof in writing that the trees have been planted within one year of the date of this
letter. The proof of plantings shall be submitted to the Wetlands/401 Unit and copied to the
Raleigh Regional Office. If this mitigation is not acceptable or practicable, then you may
choose to make a payment in to the Riparian Buffer Restoration Fund to compensate for
351 square feet of mitigation as allowed under 15A NCAC 02B .0242. If you choose to
make this payment, please contact Amy Chapman of the Wetlands/401 Unit at 919-733-
1786 for additional information.
3. Diffuse Flow(no review)
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 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
5. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained protective
buffers in order to assure compliance for future buffer impacts. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved for
impact under this Authorization Certificate.
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 213 .0259(9)(b)). Please call Ms. Amy Chapman
11-1
Rody L. Harden
Page 3 of 3
October 26, 2006
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely
Alan W.
AWK/ijm/asc
Enclosures: Certificate of Completion
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
File name: 061570RodyLHarden(Franklin)MinVAR

OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
2006157
Variance Request Form - for Minor Variances
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)
10 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. Apglj 4nt'q name (the corporqlion, individual, etc. who owns the property):
2.
Print Owner/Signing
Name: _
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
for the property and its compliance)
I Contact person who c nswer questions bou a ppposed project:
Name: sr//S ct'
Telephone: l / )
Fax:
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specit co etym, operation and maintenance agreements, etc.):
SEP 2 7 2006
UENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
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
topogr phic map indicating the location of the site):
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification las identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)):
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: D received: Permit Type: LOm ???°'
ZQ -ate e ? CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
T Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduged-or reconfigureq-to better minimize or eliminate disturbance to the riparian buffers:
521119
Variance Request Form, page 2
Version 2: November 2000
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
3. Description of any hest management practices to be used to control impActs assocclated with,
the proposed activity (i.e., control of rt,moff from Impervious surfaces to provide diffuse flow
re- Ming vegeta on or en nc rent of ©
stin ve atforl tc.): i
7-7
4. Please provide an explanation of the fo(lowing:
(t) The practical difficulties or hardships that wand i racial' from rr,o &4-

Part 3: Deed Restrictions
By your signature jr, 'art 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 ?he easernent% cannot be. changed or
deleted without concurrence from the State, and that the easements wilt oe 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 1, individual or firm):
Mailing address:
City, State, Zip:
Telephone:
Fax: --
Emalt --
Part 5: Applicant's Certiflcation
Variance request i=orrn, p&ge ,t
Version 2: Ncverr :lef 2000
(2) How these difficulties or hardships result from conditiann thm aria - i- i-s- .
(3) if economic hardship is the major consideration, then include a specific explanation of the
economAc nardshins 5d tbi rcpottion of the h? c*hip to tale !mire *ue of the proiect.
1.-- (print or type name of person
lisle in Part I, Item 2), certify that the information included on this permit application form is
co ect, ,.,,he 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:
Variance Request Form, page 4
Version 2: November 2000
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OFFICE tJ?uF C?Ni..Y• Date Request 0
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
20061570.
Variance Request Form - for Minor Variances
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 app!ies.
a Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
4f Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B .0259)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
137 0'6 r.
'3 N
SEP 2 7 2006
1. Ap tent name (the corpor ion, individual, etc. who owns the propert;,). QEtJR-WATER QUALITY
o?c C... RAJ` WETLANDS AND STOWNATER BRANCH
2.
Print Owner/Signing
Name: _
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
for the property and its compliance)
3. Contact person who c nswer questions bou e p por' project:
Name:
Telephone:
Fax: ----
Email: _
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, spe2 ,operation and maintenance agreements, etc.),.
Version 2: Novern+ber 2002
a Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8'12 x 11 copy of the USGS
topogr phic map indicating the location of the site):
7. Stream to be impacted by the proposed activity:
Stream name (for grsamed streams label as "ur to the nearest named stream):
Stream classificationjas identified within the Schedule of Classifications 15A NCAC 28
.0315 (Neuse) or .0316 {Tar-Pamlico)]:
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: QpIg received:
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 Ispecify}
Part 2: Proposed Activity .
(Please include attachments if the mom 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
aacnniatari with the activity. and the extent of riparian buffers on the land. Include the area
2.
s' 9
State reasons why this plan for the proposed activity cannot be practically accomplished,
nnt4i uvri.nr n4mrnfinured4o better minimize or eliminate disturbance to the riparian buffers:
Description of any best management practices to be used to controi :rripacts associates with
the proposed activity (i.e., control of runoff from impervious surfaces 14 arovide diffuse +11
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the 5trint annlicatinn r,f thie
(3) If economic hardship is the major consideration, then include a specific explanation of the
econo5c hardships d the
,,.,proportion 01 the hprohip to tl?e entire y-plue of the protect.
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 tot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
,nformation on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address: ------
City, State, Zip: `--- ---- -
Telephone: - ---
Fax:
Email: ??- - ---
Part 5: Appffcantss Certification
Variance Request Form, page 3
Version 2: November 2000

(2) How these difficulties or hardships result from canditlons thf t arA i inin' to yin tha rnrnncrfii
1. v (print or type name of person
liste in Part I, Item 2), certify that he information included on this permit application form is
co ect, 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:
Variance Request Form, page 4
Version 2: November 2000

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OFFICE USE ONLY: Date Received ? Reeq q
---.....__w uest
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quat tV 2 0 0 6 1 5 7 0
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopiedfor use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
D 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 (I SA
NCAC 0213.0259)
Q Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (I SA NCAC 02B.0243)
Part 1: General information
(Please include attachments if the room provided is insufficient.)
1. Apptt nt'name (the corperqVon, individual, etc. who owns the property): SEP 2 7 2006
lk -
2.
Print Owner/Signing
Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
for the roe
- P p rty and its comp!t e? TO TERi?Ca
3. Contact person who c nswer questions bou e p posed project;
Name: ?
Telephone: /-5r ?? -
Fax:
Email:
4. Project Name !Subdivision, facility, or establishment name - corisistent with project name or,
plans, specific. IM, operation and maintenance agreements, etc.):
Vernon 2: November 200)2
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 Ys x 11 copy of the USGS
topogr phic map indicating the location of the site):
7. Stream to be impacted by the proposed activity:
Stream name (for 4Qnamed,streams label as "UT" to the nearest named stream):
Stream clessificationTas identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or .0318 (Tar-Parrilico)):
8. Which cf the following permits/approvals will be required or have been received already for
this project?
Required: Received: D received: Permit Type:
a? ? 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 Z: 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
4iin nrtivity nM the extent of riparian buffers on the land. Include the area
2
SZ11 9
Variance Request Form, page 2
Version 2: November 2000
State reasons why this plan for the proposed activity cannot be practically accomplished,
-Ai.norlnr ror-nnfinlirArWo better minimize or eliminate disturbance. to the riparian buffers:
3 Description of any best management practices to be used to control impacts associated with
the proposed activ!ty (i.e., control of runoff from impervious surfaces to pr; vide diffuse flow.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
(3) If economic hardship is the major consideration, then Include a specific explanation of the
econorr c hardships V
,d thgproportion of the hprohlp to tqe entire Olue 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 fi; m 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
(2) How these difficulties or hardships result from conditions that are unique to the property
(print or type name of person
liste in Part I, Item 2), certify that a information included on this permit application form is
co ect, 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. A 1-111
Signature:
Date:
Title:
Variance Request Form, page d
Version 2: November 2000
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