20040231 Ver 1_COMPLETE FILE_20040216

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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
May 5, 2004
Sandy Marley
118 Cabana Drive
Ocracoke, NC 27960
Subject Property: Lot D, Brughts Ridge Rd, Ocracoke, NC 27960
Pamlico Sound [03-03-13, 29-(40.5), SA HOW (High Quality Water)]
DWQ # 04-0231
Hyde County
Page 1 of 2
APPROVAL of Tar-Pamlico River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 213 .0259(9)(b)]
Dear Ms. Marley:
You have our approval, in accordance with the conditions listed below, to impact approximately 290 square feet (fe) of
Zone 2 of the protected buffers to construct the proposed house at the subject property as described within your variance
request dated December 8, 2003 and received by the Division of Water Quality (DWQ) Wetlands/401 Unit on February
16, 2004. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .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 CAMA regulations.
This approval is only valid 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. For
this approval to be valid, you must follow any conditions listed below.
Conditions:
4
1. No Zone 1 Impacts - No impacts (except for "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.
2. Buffer Mitigation (On-site Restoration/Enhancement) - 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 435
square feet as required under this variance and 15A NCAC 2B .0259. The DWQ has determined that you may
satisfy this mitigation requirement by planting at least 3 native woody trees and 26 shrubs within the retained
portions of the protected buffers. You must ensure their survival fora period of at least five (5) years. You are
required to replace any of these trees or shrubs that die within this five (5) year period. You are required to provide
proof in writing that the trees have been .planted within one year of the date of this letter. The proof of plantings shall
be submitted to the Wetlands/401 Unit and copied to the Washington Regional Office. If this mitigation is not
acceptable or practicable, then you may choose to make a payment in to the Riparian Buffer Restoration Fund to
compensate for 435 square feet of mitigation as allowed under 15A NCAC 0213.0260. If you choose to make this
payment, please contact the Wetlands/401 Unit at 919-733-9726 for additional information.
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
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.ne.us/ncwetiands/
Sandy Marley
Page 2 of 2
May 5, 2004
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
5. Protective Fencing - The outside buffer boundary and along the construction corridor within this boundary
approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility
material) for the areas that have been approved to infringe within the buffer. This fencing shall be installed prior
to any land disturbing activities to ensure compliance with 15A NCAC 2B .0259 and this variance approval. The
protective fencing should be removed once construction is complete.
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 Tar-Pamlico River Riparian Buffer Protection
Rules [15A NCAC 213 .0259(9)(b)]. Please call Mr. Bob Zarzecki at [phone] if you have any questions or require
copies of our rules or procedural materials.
Sincerely,
Alan W. Klimek, PE,
Director, DWQ
cc: Tom Steffens, DWQ Washington Regional Office
DCM Morehead City District Office
`1Ftle-dopy
Central Files
DWQ040231
May 5, 2004
bz
OFFICE USE. ONLY: Date. Received Q 023 Request #.
State of North Carolina
Department of Environment and Natural Resources DEC 17 2003
Division of Water Quality
uu m A O
Variance Request Form - f6r Minor Variances
Protection and Malntenahce: of Riparian Areas Rules
NOTE This form may be photocopied for use as an original.
Please Identify which Riparian' Arm (Buffer) Protection Rule applies.
o Neuse. Rieder. Basin: Nutrient Sensltive Waters Management Strategy
Protection and Maintenance of Riparian Areas .Rule. ('15A NCAC 02B
.0233)
? 'Tar-Pamlico River Basin: Nutrient Sensitive.Waters Management
$traategy Protection and. Maintenance of Riparian Areas Rule (15A
NCAC 02B .02#9)
?- Catawba River Basin: Protection and Maintenance, of Existing Rlparian
Buffers 05A NCAC 02B.0243).
Part 1: General Information. '
(Please include attachments if the room provided is insufficient) •
1. Applicant's name (the corporation, individual, etq. who owns the property):
2. Print OwnedSigning Official (person leaally msaonsble for the property and its compliance)
Name: So. nclL Im or te-j
Tide:
Street address:- ig C? bo??•??. _....._.....,. _ _--- -._..._.
City, State, Zip: Ocro? cokc 'Ale. INETLANDS1401 GROUP
Telephone:
Fax:
FEO 1'6'*
6 1.004
3, Contact person who can answer questions about the proposed project:
Name:
one: ! +._...._._.se__ ..-.._......._.._.I?A-TER-OttALTi-f SECTION
Teleph
Fax: _ __ _ _.e.._.. - -_ _?..._.~_.--?_.?._..'.....:...
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name, on
plans, specifications, letters, operation and maintenance agreements, eta):
Version 9- November 2002
2
5. Project Location: r
Street address:
1)crc?Okc zA/-C. ?7960
city, State zip
=
County:
--
8. Directions. to site from nearest major intersection (Also, attach an 8 34 x 11 copy of the USGS.
topographic map indicating the location of the site): I
7. SStream be tream nnmiq f a1 named St re p s abel laas 'UT' to the nearest named ): .
' -g 7 , raM
! Y-' o w S it Z o l D? C o Sd t.? /1
Stream classification [as identfied within the Schedule. pi Ctassrfi tons 15A NCAu za .J315
(Neuse) ar.0316 (Tar-Pamlico)]: _ 0,3/,6.
8. Which of the following permitwapprovals will be required br have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certificatiord404 Permit
on-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
...... __._.. others (spe?fi?) . _..___.:_: _ - ...._...
Part 2: Proposed Activity.
(Please. include attachments if the room provided is insufficient)
A. Description of proposed activity [Also, please attach a map of sufiicientdetW (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 a,ma
of buffer impact in.fe.]: f(1? I
.. ? J1/ew IreSlPr+ee 0,1 i/0.C".AJ
COnS ?rti C
Q.
2. State reasons why this plan for the piaposed activity, cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
Pr O Se be?eks
Variance Request Form, page 2
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-oiantina vegetation or enhancement of existin ' vegetation., etc.):
u??6.0? Pryeoy
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that-would result from the strict application of this
j t' (? Sues
Rule. w v: VI-5 P o P (-{y -C backs V^
_ 1f - - -' ii / /__?- _-- -- -- ---
(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 vai'ue of the project
Part 3: Geed 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 stor mevater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted vwlhout concurrence from the State, and that the easements will'be recorded prior to the
sale.ofarayyao#. -
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:
Fa)c
Email:
Part 5: Applicant's Certification
Variance Request Form, page 3
Versinn 2` November 2000
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3. Description of any best management practices to be used to control impacts. associated with
the proposed activity (.e., control of runoff from impervious surfaces to provide diffuse flow, -
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re-oiantino venetation or enhancement of exisfin ' vegetation; etc.):
46"5
4. Please provide an explanation of the fbilowtng:
(1) The practical difficulties or hardships that-would result from the strict application of this
Rule. : 140-0 V% P??P? Sep baC ks on ©?? S(C4.
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(2) How these difificmities 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 stommwater 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:lat
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may prbvide
information on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address: _._._._._ .___._-- ------•-...? __.._.._..____ _ __. _... _.... ___. .
City, State, Zip: __._..._.. _ _-• _ __ _-• •-- - _ __...
Telephone: , __:__?__.___ _ __? _ _ _ .?... r __-••_-- ..- - -. _ -
Fax:
Email:
Part 5: Applicant's Certification
Variance Request Farm, page 3
Versinn 2: November 2000
e (print or type name. ofperson.listed
in Part 1, Item, certify that to 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 acdordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature: A r(
Date.
Title:

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