20051893 Ver 1_Complete File_20051209

A140i L?Ar-
NNorth Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
December 9, 2005
DWQ Project # 05-1893
Pamlico County
Don Fowler
P.O. Box 1407
Chesapeake Beach, MD 20732
CERTIFIED MAIL: #7005 1820 0002 4630 4723 D?
DEC 1 5 2005
Subject Property: Lot # 28 Buccaneer Bay Section Two
Oriental, NC o?laF< ? S-l l ?`?TciiE7?r:cH
Neuse Basin o?a ..;
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233 (9)(b)]
Dear Mr. Fowler:
You have our approval, in accordance with the conditions listed below, to impact 533 square
feet (ft2) of Zone 2 of the protected buffers to construct a dwelling on the subject property as
described within your variance request dated September 24, 2005 and received by the Division
of Water Quality (DWQ) on October 12, 2005. These impacts must be in accordance with the
plot plan submitted with your application. This letter shall act as your Minor Variance approval
as described within 15A NCAC 213 .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 plot
plan and is thereby responsible for complying with all conditions. This approval requires
you to follow any conditions listed below.
?*A
NCDEhct
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper
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 1:
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
800 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 .0233, 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 800 ft2 of required riparian
buffer mitigation for impacts to 533 ft2 of protected riparian buffers; 03-04-10, 27-
129-7-(1) river and subbasin."
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 at least six (6) native species of hardwood trees with in 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).
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 Kyle Barnes at 252-
948-3917 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 WaRO Regional Office
DWQ Central Office, Cyndi Karoly
Central Files
Pamlico Co; Dept. of Building Inspections
DEC-7-2005 08:40 FRO11:0WO-WETLANDS 9197336893 TO:WARO P:7/7
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Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
, hereby state that. to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date

momm- x
Detalls1 a 'Sn
Project Number: 20051883 Version: 1 Status: Issued LastActlonDesc:'Projectissued

Project Name:
i
Don Fowler Lot 28 Buccaneer Bay
'Project Type: !Single Family Residence
Project Desc: singe) family home
'Owner: Fowler, Don I Details...
'Received From: Applicant i • COE ID: `PrimaryCounty: IPamllco
Milq: ,6n DOTTIP: •Admin Region: (Washington l
i?
Received Dt: 1 011 2/2005 'ourlesvC ctry Reviewer:Ikyle.barnes
Issued Dt: 1210812005 -rpr s's l-j PIE1"•" "
____'SecpnderyCounty.
Statutory Dt: 1211112005
F 1
CAMA NEPA1 SEPA Received Dt:
DCM Office: Morehead City Headquarters SW Plan Received Dt
COE Office: 'ngton Regulatory Field Ortice SW Plan Approved Dt: Public Notice Published Dt
Last Updated By: Iaurie.dennison SW Plan Location: Public Notice Received Dt:
Last Updated On: 10/1712005 Sewage Disposal: P.N. Comment Period Ends Dt:
i

< Back -- _- ---- -- --_?_.. _- ---
gloss
I Rea dy Page 111 SID:WPD1

Dennis Fornes & Associates
Professional Land Surveying
Boundary Stings
Flood Insurance Surveys
404 11'etland Surveys
Construction Snnrveying
Subdivision Design & Surveys
Computer,llappillg & Drafting
October 7, 2005
Ms Cyndi Karoly, Supervisor
401 Oversight Unit
1650 Mail Service Center
Raleigh, N.C. 27699-1650
Subject: Minor Variance Request
Lot 28 Buccaneer Bay, Section II
Blackbeard Drive
Oriental, N.C. 28571
Dear Ms Karoly,
Telephone: [phone], Day or Night
Far Line: [phone]
E-Alail. dafornesCacoastabnet com
?O
?Q
Please find included herewith a variance request form
together with supporting documents requesting a variance to
impact 532.5 square feet of zone two of The Neuse River
Riparian Buffer along Smith's Creek near Oriental, N.C..
This package is submitted on behalf of Mr. Don Fowler for
your review and consideration.
Thank you for your attention and assistance in this
project. We look forward to hearing from your office at the
completion of your review. If there are any questions or a
need for additional information, contact either myself or
Mr. Fowler.
Sincerely,
?Kw1 r?r?cs RS U --
Dennis Fornes For
Don Fowler
Copies: Mr. Don Fowler
P.O. Box 1407
Chesapeake Beach Md. 20732
e?Lq t via I
r
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 !Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form maybe 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 0213.0243)
J
Part 1: General Information JDT,@W
(Please include attachments if the room provided is insufficient.) ocl 1 2 2005
1. Applicant's name (the corporation, individual, etc. who owns the prope`rty?ENR_V41ER,nAAL1Ty t
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name:
Title:
Street address: _ 10? l a_ S ,
City, State, Zip: 1J??o?(clp']
Telephone: 4t0?2,?'?-2?1_GG-?.L._ZSZ«?15..21???^ t_A?It",-
Fax:
3. Contact person who can answer questions about the proposed project:
Name: 2;rtrtk.!?ch?-?
Telephone:
Fax: Lc )?=Zf -f+ ?
Email C?C1 r_[t???Gc?w5t4!t 1C1 e+-, CQ_a.i
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans specifications, letters, operation and maintenance a reements, etc
Version 2: November 2002

5. Project Location: - ?f?
Street address:
City, State, Zip: __e1
County: _Qa?tGO
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the USGS
topographic map indicating the to atiRn of the site)-
ks ce +4 .? ?T? rc??.+ ?? 'o o Gsp?_lmra C iCer kl
7(4
i?id D_C ( ?? t ?le?.-Tattc l??c _ kI E?r?-} _.1-s 1 a-1?-cz- -
!l.flh$-131 _??l.?k Teo-'U r &4 O rn t c? al d= tact-Le 4 GL+?Z ?, C K? P. .
7. Stream to be impacted by the proposed activity:
Stream name (for unpamed streams label as "UT" to the nearest named stream):
Crc?.?-
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: 4 f L.1S W 5 YGcAwt ld<A Z I - IZ9
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.)
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 i?mp??ct in ft,.
Gcn??! nH 1G_ taMt r[<>_L??GG ? e
o_?- e-?,(6u?e.?t?i?t! ?i?,?ar_l?tn
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to bette,, i mize r liming a disturbance to th rip rian buffetr-,
044
_ajL -iK [[ ?to?l ?` C,ZN
I.
?,c,..
acA- Owlrav_rd'Lt ,.-?ll.??ev?sl_ki?__??
Variance Request Form, page 2
Version 2: November 2000
S
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-pla fng veget tion or en ancem nt of existin, ve etation etc.):
t _ r
49_•? _ ?>cir,?,tirit??.?1 _J OAL, Sctt5i,!?e_
'o a _? Ll,? L ? Gi?t1???_
C-&12, ``1WG{1-_ YY???11 4,-<v1 er!5 ?r Y'eC ? tc'.i _tll-(?c_{? ?v_cd ?11a ct?14??
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
V-e- t119 JJ
_Y_C U _ _ G-?1wt• +-A--Mal7G?Y _u)- Z YV4VS?t
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
10 49
_1??larsltC4? ???- -??,,?, -14nc? _re _,??xr.%?_??Wo?s?-?['r?k
(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.
u?
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):?,?t-? Su rv?-to r
Mailing address: (z-q4t)
City, State, Zip: I!nvL { y . 4::-:. 7
Telephone: Z'14-91
fXeg
Fax: ZOi- -L _p
Email: c?alro,c ? Q ?hcl-.Co Ld.
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000

I, _lc:?b " w (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 restrictio 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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LOT 28 BUCCANEER BAY, SECTION TWO
AMENDMENT NUMBER THREE
PLAT CABINET A, SLIDE 6-1
FOR
DON FOWLER
ORIENTAL, NORTH CAROLINA
NUMBER TWO TOWNSHIP, PAMLICO COUNTY
SCALE: 1" = 40' SEPTEMBER 23, 2005
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Vicinity Map
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IPF ......................................IRON PIPE FOUND
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CM5 .................................CONCRETE MONUMENT SET
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28561 TELE:252.249.0488
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LOT 28 BUCCANEER BAY, SECTION TWO
AMENDMENT NUMBER THREE
PLAT CABINET A, SLIDE 6-1
FOR
DON FOWLER
ORIENTAL, NORTH CAROLINA
NUMBER TWO TOWNSHIP, PAMLICO COUNTY
SCALE: 1" = 40' SEPTEMBER 23, 2005
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Vicinity Map
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IP5 ......................................IRON PIPE SET
IPF ......................................IRON PIPE FOUND
DB . ...................................DEED DOOK
PG .................................... PAGE
PP ...................................POWER POLE
PNW ..................................RIGHT OF WAY
CM5 .................................CONCRETE MONUMENT SET
CMF ..................................CONCRETE MONUMENT FOUND
x---------- x----------- x--------- x••••• FENCELINE
28561 TELE:252.249.048.5
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PRELIMINARY 51TE PLAT
LOT 28 BUCCANEER BAY, SECTION TWO
AMENDMENT NUMBER THREE
FLAT CABINET A, SLIDE 6-1
FOR
DON FOWLER
ORIENTAL, NORTH CAROLINA
NUMBER TWO TOWNSHIP, PAMLICO COUNTY
SCALE: 1" = 40' SEPTEMBER 23, 2005
0 20 40 80 120
29
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DENN15 FORNE5 & A55OCIATE5, P.O. BOX 12,947, NEW BERN, NORTH CAROLINA
Vicinity Map
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LEGEND:
IPS ...................................... IRON PIPE SET
IPF ......................................IRON PIPE FOUND
DS ....................................DEED ROOK
PG ....................................PAGE
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M ..................................RIGHT OF WAY
CMS .................................CONCRETE MONUMENT SET
CMF .......•• .........................CONCRETE MONUMENT FOUND
x---------- x----------- x--------- x----- FENCELINE
28561 TELE:252.249.0488