20060883 Ver 1_COMPLETE FILE_20090101

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June 6, 2006
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
DWQ Project # 06-0883
Beaufort County
Mr. Brantley Tillman
602 E. Water Street
Belhaven, NC 27810
Subject Property: 602 E. Water Street
Belhaven, NC
Tar-Pamlico River Basin
Certified Mail: # 7005 1820 0003 6594 8648
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JUN 1 8 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A NCAC 02B.0259
(9)(b)l
Dear Mr. Tillman:
You have our approval, in accordance with the conditions listed below to construct a pool and deck on the
subject property. This letter shall act as your Minor Variance approval as described within 15A NCAC 02B
.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.
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 of the proposed impacted area 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 proposed and "exempt" uses as identified within 15A NCAC 02B .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.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NorthCarohna
Naturally
2. Buffer Mitigation (EEP)
The required area of mitigation to compensate for impacts to the protected riparian buffers is 636 square
feet as required under this variance approval and 15A NCAC 02B .0260(3)(b)(ii)
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 02B .0259, this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 02B .0259(10)(b). 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 636 ft2 of required riparian buffer mitigation for
impacts to 424 ft2 of protected riparian buffers; 03-03-07, 29-34-34-(2) river and subbasin."
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 .0260)(9) 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. 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 02B .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 /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 02B.0259(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,
_.1. L ` ?` ?° - ---- _ __-
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Plat of Property
cc: DWQ WaRO file
DWQ Central Office, Ian McMillan
Beaufort Co; Dept. of Building Inspections
CAMA Morehead
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PROPOSED SLOTTED
LA WOOD POOL DECK
(349 SQ.FT.)
WITHIN 50' ZONE
2 LIMITS
PROPOSED CONCRETE
I• DECK WITHIN 50' ZONE
2 LIMITS (75 SQ.FT.)
NOTES:
TOTAL LOT AREA: ±14,087 SQ.FT. (0.32 ACRES)
POOL AREA WITHIN 50 ZONE 2 LIMITS:
- WOOD DECK: 349 SQ.FT.
CONCRETE DECK: 75 SQ.FT.
(TOTAL IMPACT PROPOSED WITHIN
ZONE 2 LIMITS IS 424 SQ.FT.)
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JUN 1 3 2006
MD ST WkTER
WE O WgER RMCH
GRAPHIC SCALE
20 0 10 20 40
NOTE:
THE ONLY PROPOSED WORK
INVOLVES POOL CONSTRUCTION;
ALL OTHER IMPROVEMENTS ARE ( IN FEET )
EXISTING. 1 inch = 20 ft.
COPYRIGHT © 2005
QUIBLE & ASSOCIATES, P.C.
THIS DOCUMENT IS THE PROPERTY OF
QUIBLE AND ASSOCIATES, INC., ALL
RIGHTS ARE RESERVED. ANY RE-
PRODUCTION OF THIS OR POSSESSION
WITHOUT PRIOR PERMISSION OF
QUIBLE AND ASSOCIATES, INC. WILL
CONSTITUTE VIOLATION OF COPYRIGHT
LAWS. VIOLATION WILL BE SUBJECT
TO LEGAL ACTION

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COMMISSION NO. P06069
DESIGNED BY JSL,OTHERS
DRAWN BY AZ
CHECKED BY JSL
ISSUE DATE 5-5-06
. .
OFFICE USE ONLY: Date Received Request #
RECEIVc-IJ
State of North Carolina
Department of Environment and Natural Resources J L, V - Luu6
Division of Water Quality
DWQ-WARO 0880900,61Y
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)
kwl" 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.) 119@199W[R1
1. Applicant's name (the corporation, individual, etc. who owns the property): Brantlev Tillman JUN 1 3 2006
2. Print Owner/Signing Official (person legally responsible for the property and its cReOT"ER QUALITY
Name: Brantley Tillman SAND TORMWATERBRANCH
Title: Property Owner
Street address: 602 E. Water Street
City, State, Zip: Belhaven, NC 27810
Telephone: [phone]
Fax: ( 1
3. Contact person who can answer questions about the proposed project:
Name: Brantley Tillman
Telephone: [phone]
Fax:
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Tillman Swimming Pool
Version 2: November 2002
6 .
5. Project Location:
Street address: 602 E. Water Street
City, State, Zip: Belhaven, NC 27810
County: Beaufort
Latitude/longitude: 35022'3" N, 76°37'9" W
6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the USGS
topographic map indicating the location of the site):
From the East on US 264, at the US 264 and Main Street intersection in Belhaven turn right
follow to River Street and turn right; house is on the right (Pantego Creek-
fronting)
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream): _
Area within Zone 2 of Pantego Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: SC, NSW
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
X 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 impact in ft2.]:. The proposed work includes construction of a swimming pool and
associated concrete and wood decking around the pool area Decking will be constructed of
a concrete apron immediately around the pool with the bulk of the deck being constructed of
slatted wood. According to DWQ reps. the concrete and wood decking are to be considered
impervious for the purpose of this modification Zone 2 buffer impact totals 424 sa ft
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
The proposed pool cannot be located in any other locations on the properly without impacts
to the buffer zones. The pool location has been configured so that there will be no impact to
any zone 1 areas.
Variance Request Form, page 2
Version 2: November 2000
A
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 existing vegetation, etc.):
While the slatted wood decking is considered to be impervious the placement of concrete
surfaces has been limited to the area immediately surrounding the pool Any disturbed
vegetation in the vicinity of the pool area will be re-planted or seeded in a prompt manner
after construction.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Strict application of this rule would limit the property owner from a desired amenity
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. Many of the nearby properties contain extensive impervious areas within the buffer
zones and are allowed to exist in non-confoming state due to "arandfathering" of the
surfaces.
(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): Quible & Associates. P.C.
Mailing address: P.O. Drawer 870
City, State, Zip: _Kitty Hawk, NC 27949
Telephone: [phone]
Fax: _(252) 261-1260
Email: [e-mail]
Part 5: Applicant's Certification
I, -Brantley Tillman (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 pla d that the deed restrictions in accordance with Part 5
of this form will be recorded with all r wire perrait conditions.
Signature:
Date: -0 6
Title: ,? ??5??,
Variance Request Form, page 3
Version 2: November 2000
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DENR -WATER QUALITY
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Copyright (C) 1998, Maptech, Inc
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN LIEU FEE REQUEST FORM
NOTE: Revised 4/19/06
Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center,
Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes. .
Name o Applicant or Agent
6<?,nA-Ve r?vyv:?%?-N

2. Name of Business of Applicant or Agent _._____._....._....._.._-----._...____....__._.._......_.__..._...... _......... ...._...._......._.._._..... __......__._..._..._.._._.__....-..... _.....
/VIA
Mailing Address (Street or PO Box)
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City, State, Zip
k V w, Ve Oi 'N a- G ? 3
5. Telephone (eg, 919-555-1212)
tg b1%"z,t949
6. Fax (optional) --------
7. E-mail (optional) - -?i- --i---------
roject Name
'?`? it ?,,.? ?.? Pr;? ? ?
9. roject Location (nearest town, city)
Uzi ?a,?.e.?. t t3ec??,-(=9+r'fi ?o r
10. at-Long Coordinates (optional)
._.._.-..-------........_....-
11. Project County
_._.-.____..._._-------- __..._._.____....-.-........................... -.____...-.._............... _....... _:._ ...__.___..---....._.-...__.... __.....
2. River Basin
............ __.._._................ _.....
___._._..__..._......_..__._.._._..-___...._._...._.__..
13. Cataloging Unit (8-digit)
0 3o20 Iasi
14. Riparian Wetland Impact (ac.) (e.g., 0.13)
15. Non-Riparian Wetland Impact (ac.) 4-- -- ----?----
NA
16. Coastal Marsh Impact
(ac.) ----- ---- ---

- ??-
17. Stream Impacts-Cold (ft.) (e.g. 1,234) ---- --- - ^?------ -
18. Stream Impact-Cool (ft.) ? -----
'
19. Stream Impact-Warm (ft.)
...
-_-----_......_..__......... ._...... _..... ._..... .... ..._........... ._...- -....._....-----------
A/ [A
20. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345)
`
A/ J A

..
21. Buffer Impact-Zone 2 (sq. ft.) ,
.... __...... _....... . __.._ .._...__.____._._..-.-_---_.____._..._.__...__._..___...-----_.__....._...

Check () below if this request is a: s Signature of Applicant or Agent:
_ revision to a current acceptance, or l?
_ re-submission of an expired acceptance
_I
G?
Date: k-,- 2-0
Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed.
For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
hfto://cfoub.eoa.ciov/surf/locate/index cfm
Direct all questions to Chris Mankoff at 919-716-1921 or [e-mail]
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PROGRAM
Brantley Tillman
602 East Water Street
Belhaven, NC 27889
Project: Tillman Pool
June 13, 2006
County: Beaufort

Olo-0883
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit
(Sq. Ft.)
(Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Tar-Pamlico 0 0 0 0 0 0 0 424
03020104
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
Sincerely,
'-?,
11' rDilmor'e, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management [l USE, V
Scott Jones, USACOE - Washington PUP
Kyle Barnes, DWQ Regional Office - Washington , 2
File ??? c?
Reston ...
EhAa" ... Protect' 0" Stag ?M?
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
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lcosystem
PROGRAM
Brantley Tillman
602 East Water Street
Belhaven, NC 27889
Project: Tillman Pool
June 13, 2006
County: Beaufort
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit
(Sq. Ft.)
(Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Tar-Pamlico 0 0 0 0 0 0 0 424
03020104
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Scott Jones, USACOE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File
Sincerely,
b1l in D. Gilmore, PE
Director
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JUN 2 3 ?,lC,6
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WEIIAW)o aPut? Fa i e ,7??Ub4 YE°fl l3?ANGH
Rutoriit9... E ... Prot" 0"' r .state
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SEEIR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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COWS
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PROGRAM
RECEIPT
June 7, 2006
DWQ#: 06-0883
COE#: N/A
Brantley Tillman
1832 Glenwood Avenue
Raleigh, NC 27608
Project: 602 E. Water Street
County: Beaufort
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $ 610.56, check
number 3376, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this
project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government
permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with
the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army
Corps of Engineers dated November 4, 1998.

C
l
i Wetlands (credits) Stream (credits)
River Basin ata
og
ng
Unit
Riparian
Non-
Coastal
Cold
Cool
Warm
(sqf ft )
Riparian Marsh
Tar-

Pamlico 03020104 0 0 0 0 0 0 636
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
cc: Cyndi Karoly, Wetlands/401 Unit
Kyle Barnes, DWQ-Washington
File
Sincerely,
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net