20061380 Ver 1_COMPLETE FILE_20060101

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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
September 25, 2006
DWQ Project # 06-1380
Craven County
Berit Peck
1 Marina Road
New Bern, NC 28562 ? ? ? ??
CERTIFIED MAIL: #7006 0100 0000 8384 4210 p U
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S E P 2 6 2006
Subject Property: 1 Marina Road
New Bern, NC DENR - WATER QUALITY
WETLANDS AND STOW&TER BRANCH
Neuse River Basin
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233 (9)(b)]
Dear Mr. Peck:
You have our approval, in accordance with the conditions listed below, to impact 1200 square
feet (ft) of Zone 2 of the protected buffers to construct a deck on the subject property as
described within your variance request received by the Division of Water Quality (DWQ) on
August 25, 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.
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.
North Carolina Division of Water Quality Internet: www.ncwatergualitv.org
943 Washington Square Mall Phone: [phone] one
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturally
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 1800 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 1800 ft2 of required riparian buffer mitigation
for impacts to 1200 ft2 of protected riparian buffers; 27- (96), 03-04-11 river and sub basin.
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
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 Roberto Scheller at
252-948-3940 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
Craven Co; Dept. of Building Inspections
CAMA /Morehead Office

OFFICE USE ONLY: Date Received Request # -
State of North Carolina
Department of Environment and Natural Resources Division of Water Quality Q0061380
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.
e 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)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name.(the cor?pgration, indi (dual, etc. who owns the property):
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name:
Title: Q(?(J/???
Street address: / ./n?P,rNff._
City, State, Zip:
Telephone: 02.5 ___ .? •3 6_._.7 U_. __ _ _-??-. %-?tJOe'
Fax: S? b
3. Contact person who can answer questions about the proposed project:
Name:/9.
Telephone:.
Fax:
Email-
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
pons, spe i ications, letters, o eratio and maintenance agreements, etc.):
.
icy _
Version 2: November 2002
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5. Project Location:
Street address: 1-.-137..... }?°1_l.4
City, State, Zip:
County: _......_............_.......?' f ?/'.... ---------- ---........... -- _ . _....
Latitude/longitude:... _.,.-....... ....
6. Directions to site from nearest major intersection (Also, attach an 8x 11 copy of the USGS
topographic map indicating the location of the site):
...... *...fo..Lsc/,lcl?Cv?___o
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT to the nearest named stream):
.....__.
f?Lfl.//.A..T%.9.__.._.G?R_c?...-_.._..__ ....................... -----......... ...... ........... .-.....
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or .0316 (Tar-Pamlico)]:. S \'3
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 impact in ftz.]:

it r,rf L. .a., :M??. ,:
Loo
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:
J?f-o?SCc( c3_C.f-; ?: '? ?r_ ?2_'1_?t?'? b° _?G?.?r an _1•,?. g'" f ?'??- ?.?`j.?cr1_
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 existing vegetation, etc.):
?i ,= _ _?csec - .dc(:_fa?
......_
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.
...__.._ . ......
........ . ........ .... ....-
..._ ..... ........ _.
(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
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S E P 2 6 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
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PROGRAM
RECEIPT
October 10, 2006
Berit Peck
1 Marina Road
New Bern, NC 28562
Project:
County:
DWQ #:
USACE Action ID:
Amount Paid:
Check Number:
1 Marina Road
Craven
06-1380
n/a
$ 1728.00
9785
WT it
06 - 1 380
0 ?-? ? p 2006
OS AND Slo?'MWgjj BRANCH
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above
referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have
been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
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, as indicated below.
River Basin Wetlands Credits Stream Credits Buffer I Buffer iI
CU (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse 0 0 0 0 0 0 0 1800
03020202
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 Kelly Williams at [phone].
Sincerely,

William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Kyle Barnes, DWQ-Washington
Scott Jones, USACE-Washington
File
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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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PROGRAM
INVOICE
. October 3, 2006
Berit Peck
1 Marina Road
New Bern, NC 28562
Project: 1 Marina Road
County: Craven
DWQ No:. 06-1380
USACE ID: n/a
EEP No: ILF-2005-4862
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference
project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with 15A NCAC
211.0500, the amount you owe is based upon the 2006-07 Fee Schedule and has been calculated as follows (Please note: payment of
wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call David Robinson at
919-715-2228.
Riparian Wetlands 0 acres x $ 26,246.00 = $_0_
Non-Riparian Wetlands 0 acres x $ 13,123.00 = $_0_
Saltwater Wetland 0 acres x $131,230.00 = $_0_
Stream 0 linear ft x $ 219.00 = $_0_
Buffer - Zone 1 & 2 1,800 sq ft x $ .96 = $ 1,728.00
TOTAL AMOUNT DUE $1,728.00
Please mail a check payable to NCEEP for the Total Amount Due to the address below, and enclose a copy of this invoice.
NCDENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of
the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or
authorization have been rescinded. If the payment check's account name is not the same as the permit holder's name, please include a
sinned statement that the check is being written on behalf of and with full knowledge of the permit holder.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE
ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY
CERTIFICATION.
cc: Cyndi Karoly, Wetlands/401 Unit
Kyle Barnes, DWQ-Washington
Scott Jones, USACE-Washington
File
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net