20051156 Ver 1_Complete File_20050630

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
October 11, 2005
Mr. Steven L. Alexander
8320 Rivenvalk Drive
Clemmons, NC 27012
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7003 3110 0002 0608 6962
Subject Property: Blur Heron Drive - Gilead Shores
Blounts Creek, NC
Dear Mr. Alexander:
DWQ No. 2005-1156
Beaufort County
On September 26, 2005, the Division of Water Quality (DWQ) issued you an approval letter for a Minor Variance to
construct an addition to an existing structure on the subject property. Within the approval letter you received there
is a condition that reads:
2. Buffer Mitigation (EEP)
In the second paragraph of this condition section it states that DWQ Nvill accept an alternative method of buffer
mitigation. Under the Buffer Mitigation Rule (15A NCAC 2B .0259) you may choose to replant trees within the
riparian buffer to satisfy the mitigation requirements. You arc required to mitigate for 792 square feet of
impacts to Zone H of the riparian buffer. These impacts require a minimum of six 6 trees of native
hardwood species that are in the 2-3 gallon size range. If you choose to pursue this option you must submit in
writing a replanting schedule indicating; the species of trees and location of planting; within the riparian
buffer. No impacts shall occur to the riparian buffer until the mitigation plan is approved by the DWQ.
If you have any questions regarding this letter please contact Kyle Bames at 252-948-3917.
Sincerely,
Al Hodge
DWQ/ Supervisor
Washington Regional Office
cc: v6WQ Central Office
File Copy
Central Files
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
rOiC T 1 2 2005 WATER QUALITY
IhcTLWDSAND TOrUMATERBFWJCH
K, CI)EM
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] FAX [phone]
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 26, 2005
Mr. Steven L. Alexander
8320 Riverwalk Drive
Clemmons, NC 27012
Subject Property: Blue Heron Drive - Gilead Shores
Blounts Creek, NC
Alan W. Klimck, P.E. Director
Division of Water Quality
DWQ Project # 05-1156
Beaufort County
Page 1 of 3
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B.0259(9)(b)]
Dear Mr. Alexander:
You have our approval, in accordance with the conditions listed below, to impact approximately
528 square feet (ft2) of Zone 2 of the protected buffers to elevate the existing residential structure
to avert future flooding at the subject property as described within your variance request dated
June 23, 2005 and received by the Division of Water Quality (DWQ) on June 30, 2005. 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 other 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 "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.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
None Caro a
Nkrrallmlil
An Equal Opportunity/Affirmative Acton Employer-50% Recycled/10% Post Consumer Paper
Steven L. Alexander
Page 2 of 3
September 26, 2005
2. Buffer Mitigation (EEP)
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 792
square feet as required under this variance approval and 15A NCAC 2B .02. We
understand that you wish to make a payment into the Riparian Buffer Restoration Fund
administered by the NC Ecosystem 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)(C).
Until the EEP receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts specified in this variance approval shall occur.
Ms. Susan Klimek 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
792 ft2 of required riparian buffer mitigation for impacts to 528 ft2 of protected
riparian buffers; Blounts Bay, Tar 07, 29-9.
The DWQ will also 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 401
Oversight/Express Permitting Unit 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 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 4010versight/Express Permitting 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
r
Steven L. Alexander
Page 3 of 3
September 26, 2005
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 Ms. Debbie Edwards
at [phone] if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
AW K/ijm
cc: Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
:)'?' P.E.
File name: 051156Stevenl-Aluandei(Beaufort)MiV
Variance Triage Sheet
DATE: 716105 PROJECT NAME: Steven L. Alexander
DWQ #: 2005-1156
COUNTY: Beaufort
TO: Tom Steffens, Washington Regional Office
FROM: Debbie Edwards TELEPHONE: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
1:1 "General" Major Variance
Minor Variance
COMMENTS: As per the discussion regarding revision of the triage
and delegation processes, please review the attached file. Note that
you are the first reviewer, so this file will need to be reviewed for
administrative as well as technical details. If you elect to place this
project on hole, please ask the applicant to provide your requested
information to both the Central Office in Raleigh as well as the
Washington Regional Office. As discussed, this is an experimental,
interim procedure. Please let the Central Office know of any
complications you encounter, whether related to workload, processing
times, or lack of a "second reviewer" as the triage process in Central
Office had previously provided.
June 29, 2005
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd.
1650 Mail Service Center
Raleigh, NC 27699-1650
Attn: Kyle Barnes
Re: Minor Variance

Please find enclosed three copies of a completed and signed Minor Variance application
along with three copies of the drawing showing the proposed changes. Please let me
know if you need anything else.
Thank you.
Sincerely,
Steve Alexander
Steve Alexander
8320 Riverwalk Drive
Clemmons, NC 27012
D
JUN 3 0 2005
LE'vit WAfr
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OFFICE USE ONLY: Date Received __---__ Request #
State of North Carolina I^,
Department of Environment and Natural Resources 'Division of Water Quality
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Variance Request Form - for Minor ari?m, ces005
Protection and Maintenance of Riparian Areas Rules
YJETLAQS AJdD 5'i r „r:;lit t [;UN ICH
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 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. Applica is name (the corporation, individual, etc. who owns the property):
2. Print Owner/Signing Official (person legally responsible for th2 property and its compliance)
Name: ----S-fa.v Q+1 _ L . 1?}1K aw. oL.? "_---------
Title:
--------------------
---------------
Street address:
------ - ----------------- -------
City, State, Zip: N C
Telephone: (?3[0)-? 3 3 ?-Q `--- ''? --- ?_?_S- 4? 8 a -----
Fax: ! 1
3. Contact person who can answer questions about the proposed project:
Name: ------5 R. m -e--------------------
----------
Telephone:-)-------------------------------------
Fax: L)-- _-------------_--__ ----------------
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Version 2: November 2002
f
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:

A"V,? r
6. Directions to site from nearest major intersection (Also, attach an 8 %2 x 11 copy of the USGS
topograpric map indicating the location of the site):
_
-_-! " C _I f, O c [o L-0 't " , 4 CL s /,e
00
_ U0 1--•o ?-&.. ce_ OF ? -f _t? C ad! ,Pr o..? -- !'G.vC t
7. Stream to be impacted by the proposed activity: 1'o v •e s CY-ect m; k .r e
Stream name (for un amed streams la4el as "UT" t )e n arest named stream):
Stream classification [as identified within the, chedule of Classifications 15A NCAC 2B-7--
.0315 (Neuse) or.0316 (Tar-Pamlico)]:! f? ------_----
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date 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 (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.], / /
S'/'-Va? L e^• 10 r h0_.rw.r ccVrz ??SIc O? .
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2. State reasons whylis plan for the proposed activity cannot be practically accompl
reduced or recon_figgured to better minimize or eliminate disturbance to the riparian I
?, O cvo C P_ V/ 1 v L%An At S 'fl,n1% G6,._ etQ
0

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 ex_i$[tingyegetatign, etc.): yr, L
I . ? •? f -r(a ? CO It ??' 1?7 a 6 so-Z A fLO.-+ 1 N.o,._tl t.L...c o!
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4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
(2) How these difficulties or hardships result from conditions that are unique to the property
t' () Qct-
,7 , 6,q-
(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.
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
(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 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 Request # ------
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form - for Minor
Protection and Maintenance of Riparian Areas Rules
NOTE. This form maybe photocopied for use as an original.
Variance 3 0 2005
DEN'R -'?",r?TEFc QUALITY
?"'ETLA Z'Sf-',D STORV,,w,'ATErl srvvjcH
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)
? 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. Applica is name (the corporation, individu I, etc. who owns the property):
2. Print Owner/Signing Official (person legally responsible for thh property and its compliance)
Name: -- --,f fa..? Q L. _ L , ?1x cs_,.. ?----------
Title:
Street address: S'-17- -? 21 VP-
---------------------
City, ----------------------------------
State, Zip: ------LS`r?_?L o-+. r- lV-C -----2 -? a I L-=-------------
Telephone: ----
Fax: ( 1
3. Contact person who can answer questions about the proposed project:
Name: ----- 'e -
Telephone: L-)----------------------------
Fax: L--)-- ----------------------- -
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Version 2: November 2002
5. Project Location: //
Street address: __ B1_k?a ?o D?%v e _-_ ?e oQ .?hovG t
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
topograpric map indicating the location of the site):
--- Lei -E o -Jr/? i -kZ _1?_fL-7c?e % -_ `f '-fler
(, !er-s± 4 :?
7. Stream to be impacted by the proposed activity: ?? to v-e t CY-ect m) c4 re
Stream name (for un amed streams lapel as "UT" to-the narest named stream),::
_ vt nC w. C_4 vt a - ad- ?% a C ? w _ -A,
Stream classification [as 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: Date 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 (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?.ien•+v, ft J:
? / P V a t % r a O _.r w. r ./1 4a, L CC V 2 or ?IxL 0(f
l1
e .?,,.,. ?,%? o
cc -? G ea cr d4a: 7. t G sy F+ or " :-w+Pa c?
2. State reasons why-this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or elipinate disturbancp to the riparian bpffen
CTe- t/1v+L_C_
a
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 exi ting egetati n, etc.):
ll- ,. C ra,
-t-> ... I /.. a U o C' r r.A w Q ?.? f- rY sue'- L S n- C t_ P
c.JC l-t.V
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
?? I c a v v ?? t e'*c I C -A 4a-.:'f
(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.
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
(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 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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