20061400 Ver 1_COMPLETE FILE_20060101

of WATER
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 11, 2006
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-1400
Pamlico County
Mr. Alan Dewar
P.O.Box 123
Union Hall, VA 24176
Subject Property: Lot 36, Brigantine Blvd.
Oriental, NC
Neuse River Basin
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233 (9)(b)l
Dear Mr. Dewar:
You have our approval, in accordance with the conditions listed below, to impact 453 square
feet (ft) of Zone 2 of the protected buffers to construct a dwelling on the subject property as
described within your variance request received by the Division of Water Quality (DWQ) on
August 10, 2006. These impacts must be in accordance with the plat plan submitted with your
application. This letter shall act as your Minor Variance approval as described within 15A
NCAC 2B .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 plat
plan and is thereby responsible for complying with all conditions. This approval requires
you to follow any conditions listed below. a N
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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 213 .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.
North Carolina Division of Water Quality Internet: www.ncwaterquality.ora
943 Washington Square Mall Phone: [phone] ?TOne
Washington, NC 27889 FAX [phone] NOrthCarollna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper N

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 680 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 .023 3, 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 680 ft2 of required riparian buffer mitigation
for impacts to 453 ft2 of protected riparian buffers; 03-04-10,27-129-(l) 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 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
4
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 odge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Project Plan
cc: DWQ WaRO Regional Office
DWQ/401 Central Office, Cyndi Karoly
Central Files
Pamlico Co; Dept. of Building Inspections
CAMA /Morehead Office

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MAP OF
ALAN R. EWAR PROPERTY DATE: 8-3-2006 ROBERT M. CHILES, P.E.
LOT 36 BRIGANTINE BLVD. JOB NO.: 2006191 ENGINEERS AND CONSULTANTS
SAIL LOFT SUBDIVISION
TOWNSHIP 5, PAMLICO COUNTY, N.C. SCALE: 1' = 50' NEW BERN, NORTH CAROLINA
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 may be photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
X 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. Applicant's name (the corporation, individual, etc. who owns the property): S E P 1 2006
Alan Dewar
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2. Print Owner/Signing Official 'yE `t
(person legally responsible for the property and its compliance) Name: Alan Dewar
Title: Owner
Street address: P. 0. Box 123
City, State, Zip: Union Hall, VA 24176
Telephone: 76 /- 33.2 3
Fax: C
3. Contact person who can answer questions about the proposed project:
Name: David Sawyer, 1642 Country Club Dr., Arapahoe, NC 28516
Telephone: (_252) 229-0723 (cell)
Fax:
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Lot 36, Brigantine Blvd., Oriental, NC Sailloft Subdivision
5. Project Location:
Street address: Lot 36, Brigantine Blvd.
City, State, Zip: Oriental, NC 28571
County: Pamlico County
Latitude/longitude: Lat: N 35 deg. 01' 25" / Long: W 76 deg. 42' 56"
Version 2: November 2002
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):
Leaving Town of Oriental on Broad Street, cross over the Neuse River Bridge,
on Oriental Road (NCSR 1308) continue until the 4th street to the right -
Brigantine Blvd., turn right onto Brigantine Blvd. (NCSR 1363), continue until
street ends, Lot 36 is the last lot on the riqht at the end of Brigantine Blvd.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Greens Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or .0316 (Tar-Pamlico)]: SC NSW HQW
8. Which of the following permits/approvals will be required or have been received already for this
project?
Required: Received: Date received
X 9/9/91 9/9/91
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 impact in ftz.]:
Construct a single family dwelling. Area of buffer impact =453 sq. 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:
Project configured to eliminate any disturbance within Zone 1, and
Zone impacts results from avoiding the septic certification area,
wnlie preservinq the view of the creek.
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.):
No BMP proposed. Runoff from impervious surfaces in the form of over-
land flow with concentrated flows only occurinq at roof downspouts.
Variance Request Form, page 2
Version 2: November 2000
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 would prevent alignment of house within lot in a
manner that provides the desired views of Greens Creek and would
potentially require use of another, less desirable house design.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
Owing to the presence of coastal marsh, the riparian buffer extends
approximately half-way into the subdivision lot.
(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.
N/A - - -
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
Alan Dewar (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: ?- 2-
Date: 0 7 z a- 6
Title:
Variance Request Form, page 3
Version 2: November 2000
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Date: 7/7/2006 Caption: LOT 36 Sailloft Subdivision
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GRAPHIC SCALE 5
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MAP OF
ALAN R. EWAR PROPERTY DAIS: 8-3-2006 ROBERT M. CHILES, P.E.
LOT 36 BRIGANTINE BLVD. JOB NO.: 2006191 ENGINEERS AND CONSULTANTS
SAIL LOFT SUBDIVISION
TOWNSHIP 5, PAMLICO COUNTY, N.C. SCALE: 1° = 50' NEW BERN, NORTH CAROLINA

PANLICa COUNTY HEALTH DEPARTMENT
ENVIRONMENTAL HEALTH SECTION
E_LYBORG, NORTH CAROLINA 28515
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and ( } WITH POLYURITHANE CURTAIN: FRENCH DRAIM
and ( FINISHED k T OUTFALL W/ SOLID PIPE & SCREEN
and ( ) FIN-SHED AT OUTFALL W1 CHECK VALVE
?-? If land. drairae.e is necessary, you may need to contact CAYA far
appropriate perti:-s: Ref: Buildiva Inspections Department
DESIGN:( } LOCATION OPTIONAL ( h ) LOCATION AS SPECIFIED ON PLOT PLA1
E CONVENTIONkL. SYSTEM: (ref.id55) 18"K 3'trench, rocl, 12"deep
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( } MOUND S1.STEM:(ref,1S50b) 8"X 3'trench in suitable fill
extending 25' beyond any part
ice 6" = depth of FILL; pump necessary if unable to gravity feed
t-= If fill material is prescribed, you may need to contact The Army
Corps of Engineers for appropriate permits: Ref: Build. Insp.
( X ) LPP SYSTFYE:(ref_11957) see comments for desioz criteria
c: ) BED SYSTEM : (ref.lgS5d'see comments for design criteria OFF-SITE tISP05AL:;ref.I95<•) see comments for desigr notes
11000 aal SEPTIC TAKE 1000 GAL PUMP TAKE NECESSARY
720 SQUARE FEET NITRIFICATION FIELD or NITRFFICATION BED
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480 LINEAR FEET NITRIFICATION LINE; ?
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NOTE: ALL SEPTIC SYSTEMS MUST BE KSPECTED AND RECEIVE APPROVAL BY A
SANITARIAN OF THE LOCAL HEALTH DEPARTMENT BEFORE BEING COVERED
OR PLACED INTO USE AND NO ELECTRICAL CONNECTION SHALL BE ALLOWED
UNTIL APPROVAL HAS BEEM RECEIVED. (G. S_ 130A-337d,135?
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