20141148 Ver 5_WarlickResidenceonOcracoke_TAR-MJV_20181120

NOT A CAMA PERMIT
NORTH CAROLINA
ROY COOPER Environmental Quality
Gmwna
MICHAEL S. REGAN
S"Telary
LINDA CULPEPPER
Inre/fm &rrao
November 20, 2018
Peter Warlick
6131 Boco Raton Drive
Dallas, TX 75230
DWR d 14-1148 V5
Hyde County
Subject: REVISED MAJOR VARIANCE APPROVAL OF TAR-PAMLICO RIPARIAN BUFFER IMPACTS
WITH ADDITIONAL CONDITIONS
74 NORTHERN POND ROAD, OCRACOKE
Dear Mr. Warlick:
You have our approval for the impacts listed below for the purpose described in your application dated
October 18, 2018, received by the Division of Water Resources (Division) October 18, 2018. This letter
shall serve as your Major Variance approval with conditions as authorized in 15A NCAC 02B.0259 (9)(c)(ii).
This letter only addresses the major variance from the buffer rules and does not approve any activities
within Waters of the United States or Waters of the State. This approval supersedes the previous
approvals issued on February 20, 2017. May 30. 2017 and December 21. 2017 under DWR Project No.
14-1148 V2 (buffer authorization), 14-1148 V3 (maior variance) and DWR 14-1148 V4 (modification to
major variance). Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion
Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B.0259(9)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers—Zone 1
Bl — Open Steps and Ramp Extension
382 (square feet)
0 (square feet)
B2 — Covered/Roofed Deck
306 (square feet)
0 (square feet)

MR. PETER WARLICK
MAJOR VARIANCE APPROVAL
DWRN 14-1148 V5
Page 2 of 4
2. No additional impacts other than exempt uses as identified within 15A NCAC 02B.0259 shall occur
within the protected riparian buffer unless approved by the Division.
3. Stormwater Management Plan
a. All stormwater from the new roof enclosures must be directed and maintained as diffuse
flow at non-erosive velocities through the protected stream buffers such that it will not
re -concentrate before discharging into the sound.
b. Stormwater from the new roof enclosures shall not be directed toward the septic system
drain field located on the property.
4. Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper designs, installation and operation and maintenance of such Best Management
Practices in order to protect surface water standards [15A NCAC 02B .0200]
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified in
the most recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual. The devices shall be maintained on all construction sites, borrow
site, and waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most recent
version of the North Carolina Sediment and Erosion Control Planning and Design
Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
Amount Approved
Amount Approved
Type of Impact
(units)
(units)
Permanent
Temporary
Buffers — Zone 2
Bl— Open Steps, Landing and Ramp
659 (square feet)
0 (square feet)
Extension
B2—Covered/Roofed Deck
166 (square feet)
0 (square feet)
2. No additional impacts other than exempt uses as identified within 15A NCAC 02B.0259 shall occur
within the protected riparian buffer unless approved by the Division.
3. Stormwater Management Plan
a. All stormwater from the new roof enclosures must be directed and maintained as diffuse
flow at non-erosive velocities through the protected stream buffers such that it will not
re -concentrate before discharging into the sound.
b. Stormwater from the new roof enclosures shall not be directed toward the septic system
drain field located on the property.
4. Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper designs, installation and operation and maintenance of such Best Management
Practices in order to protect surface water standards [15A NCAC 02B .0200]
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified in
the most recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual. The devices shall be maintained on all construction sites, borrow
site, and waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most recent
version of the North Carolina Sediment and Erosion Control Planning and Design
Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.

MR. PETER WARLICK
MAJOR VARIANCE APPROVAL
DWRH 14-1148 VS
Page 3 of 4
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre -Construction Notification and/or Buffer
Authorization application. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes or rules occur. [15A
NCAC 026 .0259]
6. Protective Fencin¢
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within
the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 02B.0259.
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Major Variance. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying with
all conditions. [15A NCAC 02B .0259(c)(ii)]
8. The applicant and/or authorized agent shall provide a completed Certificate of Completion form
to the Division within thirty (30) calendar days of project completion (available at
http://edocs.deg.nc.gov/Forms/Certificate-of-Completion).
9. This approval grants permission to the director, an authorized representative of the Director, or
DEQ staff, upon the presentation of proper credentials, to enter the property during normal
business hours.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
The Major Variance can be contested as provided in General Statute 1508 by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty
(60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.coml or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:OOam and S:OOpm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
MR. PETER WARLICK
MAJOR VARIANCE APPROVAL
DWR# 14-1148 V5
Page 4 of 4
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, INC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division the Tar -Pamlico Riparian Buffer Rules as described in 15A
NCAC 02B .0259. Please contact Anthony Scarbraugh at 252-948-3924 or
[e-mail] if you have any questions or concerns.
Sincerely, I I,
4j6_"
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosure: Buffer Zone Variance Exhibit
cc: Brian Rubino, Quible & Associates, P.C. (via email: [e-mail])
Steve Trowell, DCM WaRO
Laserfiche
DWR 401 & Buffer Permitting Branch file
Filename: 141138v5 WarlickResidenceon0carcoke(Hyde)_TAR-M JV

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-
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®- BFCT. M"
AG - ADM GRADE
80 - BMW GRADE
EXISTING STRUCTURE (TO BE
ELEVATED ON NEW PILINGS)
®EXISTING OPEN DECKING (TO BE
ELEVATED ON NEW PILINGS)
EXISITNG COVERED/ROOFED
L _ J AREA
®PERMITTED WORK (DWR
X12014-1148 VER. 4)
PROPOSED REFINEMENTS TO VER. 4
- EXISTING BOUNDARY AND SURVEY INFORMATION
OBTAINED IN ELECTRONIC FORMAT FROM SEABOARD
SURVEYING AND PLANNING. FILE 9700110A ON
10-6-2014.
L _ I EXISTING COASTAL/404 WETLANDS
OBSERVED NORMAL WATER
LEVEL (09/18/14)
PERMITTED WORK PER DWR ,2014-1148 VER. 4:
1. EXISTING HOME TO BE ELEVATED AND PILINGS REPLACED (SAME
BUILDING FOOTPRINT)
2. PERMITTED OPEN SLATTED DECK AND ACCESS STAIRWAY
A. DECK AREA WITHIN ZONE is 417.27 SQ. FT
B. DECK AREA WITHIN ZONE 2: 697.1 SQ. FT
PROPOSED NEW WORK:
1. CONSTRUCTION OF ACCESS STAIRWAY AND RAMP EXTENSION
A. TOTAL NEW DECK AREA PROPOSED: 140 SQ.FT,
B. DECK AREA WITHIN ZONE 1: 26 SQ.FT.
C. DECK AREA WITHIN ZONE 2: 114 SQ.FT.
2. CONSTRUCTION OF AN IMPERVIOUS CONCRETE PAD
A. TOTAL CONCRETE AREA IN ZONE 2: 76 SQ. FT.
3. NEW TOTAL OPEN SLOTTED DECK AND ACCESS STAIR AREA:
A. DECK AREA WITHIN ZONE 1: 381.5 SQ. FT
B. DECK AREA WITHIN ZONE 2: 659 SQ. FT
C. NET CHANGE ZONE 1 (DECREASE): 49.27 SQ. FT
D. NET CHANGE ZONE 2 (DECREASE): 38.1 SQ. FT.
PERMITTED OPEN
PERMITTED 472 SQ. FT.
X 0.9• X 0.8, X 2.6'
X 1.2' X ,.9' PROPOSED
!• OPEN STEPS,
LOT LINES PER I LANDINGS, AND
RECORD PLAT (TYP.) RAMP
v,
s (ZONE 1) i EXTENSIONS '
�ZI •-�/ 30' TAR -PAM. BUFFER �F -
J% 1.2'
JQ' TAR -PARI. �/ PROPOSI
BUFFER CONCRE
ZONE, 1) .-L --
P _
I2'��Il )T T.9- - - 8' MBL (ZONE 2) % 2.4' -�
I 86 64' X 1.4' 50' TAR -PAM. BUFFED � -
FLUSH
OBSERVED WATER N 81'03'00" W 138.77'
i (CONCRETE
-LEVEL (09/18/14)
- ^I
WOOD/ROPE
FENCE (TIP.) 1
APPROVE® I -%-
North Carolin �IAIrUpmental i ,
Management Ci�Inmission I '
Division of Water Resources
Date.
Permit#_IqNVf yiI 'ArI ry
I(ASPHALT) y
OBSERVED
LEVEL
50' TAR -PAM. BUFFER
f
J,J '
X 2.8' 1
CANA �Jr
EC --
100.00'
N 81'03'00" W
PAMLICO
SOUND
Q
PAMLICO SOUND
VICINITY MAP (OCRACOKE)
N.T.S.
EXISTING STRUCTURE
TO BE ELEVATED
(ON NEW PILINGS)
8.4 {
\\ J
1M{
X 4.0'1 S/T
x 12.3'
'in p 0.2' OG
w 0.83' EAST
Fd OF PL
X 2.5i a v I
1 p 2..'
I X 2.7•
102.52'\APPROX EXISITNG ONSIqVSH
SEPTIC DRAIN FIELD (NOT
SURVEYRED)
BG
(APPROX. 13.5 SF)
PAMLICO
SOUND
NORMAL WATER
(09/IB/14)
W
00UTn
..IE'i0w
04 a p,�
�4 U
0
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m� 2
1177 g
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LINE TABLE
LINE
LENGTH I BEARING
L1
2.36.00
L2
75.00
L3
1.10
L4
5.67
L6
36.34
LS
13.47
L7
33.82
LB
31.54
LB
49.49
L10
14.08
U7
1.40
L12
37.18
L13
53.60
L14
15.84
JVSUOI'EwL79
L15
35.33
06
7.38
L17
30.31 Sol W
L18
31.2b1.25
47.80SOW33111 -w
- EXISTING BOUNDARY AND SURVEY INFORMATION
OBTAINED IN ELECTRONIC FORMAT FROM SEABOARD
SURVEYING AND PLANNING. FILE 9700110A ON
10-6-2014.
L _ I EXISTING COASTAL/404 WETLANDS
OBSERVED NORMAL WATER
LEVEL (09/18/14)
PERMITTED WORK PER DWR ,2014-1148 VER. 4:
1. EXISTING HOME TO BE ELEVATED AND PILINGS REPLACED (SAME
BUILDING FOOTPRINT)
2. PERMITTED OPEN SLATTED DECK AND ACCESS STAIRWAY
A. DECK AREA WITHIN ZONE is 417.27 SQ. FT
B. DECK AREA WITHIN ZONE 2: 697.1 SQ. FT
PROPOSED NEW WORK:
1. CONSTRUCTION OF ACCESS STAIRWAY AND RAMP EXTENSION
A. TOTAL NEW DECK AREA PROPOSED: 140 SQ.FT,
B. DECK AREA WITHIN ZONE 1: 26 SQ.FT.
C. DECK AREA WITHIN ZONE 2: 114 SQ.FT.
2. CONSTRUCTION OF AN IMPERVIOUS CONCRETE PAD
A. TOTAL CONCRETE AREA IN ZONE 2: 76 SQ. FT.
3. NEW TOTAL OPEN SLOTTED DECK AND ACCESS STAIR AREA:
A. DECK AREA WITHIN ZONE 1: 381.5 SQ. FT
B. DECK AREA WITHIN ZONE 2: 659 SQ. FT
C. NET CHANGE ZONE 1 (DECREASE): 49.27 SQ. FT
D. NET CHANGE ZONE 2 (DECREASE): 38.1 SQ. FT.
PERMITTED OPEN
PERMITTED 472 SQ. FT.
X 0.9• X 0.8, X 2.6'
X 1.2' X ,.9' PROPOSED
!• OPEN STEPS,
LOT LINES PER I LANDINGS, AND
RECORD PLAT (TYP.) RAMP
v,
s (ZONE 1) i EXTENSIONS '
�ZI •-�/ 30' TAR -PAM. BUFFER �F -
J% 1.2'
JQ' TAR -PARI. �/ PROPOSI
BUFFER CONCRE
ZONE, 1) .-L --
P _
I2'��Il )T T.9- - - 8' MBL (ZONE 2) % 2.4' -�
I 86 64' X 1.4' 50' TAR -PAM. BUFFED � -
FLUSH
OBSERVED WATER N 81'03'00" W 138.77'
i (CONCRETE
-LEVEL (09/18/14)
- ^I
WOOD/ROPE
FENCE (TIP.) 1
APPROVE® I -%-
North Carolin �IAIrUpmental i ,
Management Ci�Inmission I '
Division of Water Resources
Date.
Permit#_IqNVf yiI 'ArI ry
I(ASPHALT) y
OBSERVED
LEVEL
50' TAR -PAM. BUFFER
f
J,J '
X 2.8' 1
CANA �Jr
EC --
100.00'
N 81'03'00" W
PAMLICO
SOUND
Q
PAMLICO SOUND
VICINITY MAP (OCRACOKE)
N.T.S.
EXISTING STRUCTURE
TO BE ELEVATED
(ON NEW PILINGS)
8.4 {
\\ J
1M{
X 4.0'1 S/T
x 12.3'
'in p 0.2' OG
w 0.83' EAST
Fd OF PL
X 2.5i a v I
1 p 2..'
I X 2.7•
102.52'\APPROX EXISITNG ONSIqVSH
SEPTIC DRAIN FIELD (NOT
SURVEYRED)
BG
(APPROX. 13.5 SF)
PAMLICO
SOUND
NORMAL WATER
(09/IB/14)
W
00UTn
..IE'i0w
04 a p,�
�4 U
0
a pyo
m� 2
1177 g
A
o
o
z
Sa
z
x 3
R 0
W
U
r4� o
o�
r0rZyZ In pedp zowaz N
Uiratc Z0 0 OZrc
a acif 6U. 056
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