20030962 Ver 1_COMPLETE FILE_20070831

F WAIF
Q 9 Michael F. Easley
`QC? pG Governor
Uj _ William G. Ross, Jr., Secretary
] Department of Environment and Natural Resources
p 'C Alan W. Klimek, PE, Director
Division of Water Quality
Coleen Sullins, Deputy Director
Division of Water Quality
October 14, 2003
DWQ Project # 03-0962
Beaufort County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
John & Trisha Sugarek
3812 Greenridge Drive
Cibolo, Texas 785108
Subject Property: Lot # 15, Windsong S/D, Windlass Way, Aurora, NC 27806
Campbell Creek [03-03-07, 29-33-2-(2), SA HQW (high quality water) NSW (nutrient sensitive)]
REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. & Mrs. Sugarek:
On August 4, 2003, the Division of Water Quality (DWQ) Wetlands/401 Unit received your variance request dated July 31,
2003. The DWQ has determined that your property is eligible for the use of the "General" Major Variance From the Neuse
and Tar-Pamlico Riparian Buffer Rules for residential structures on existing lots within the coastal counties as defined by the
Coastal Area Management Act, Approved 51912001. However based on the additional information that you provided, it
appears that you are not proposing to impact the riparian buffers protected by the Tar-Pamlico Buffer Rule (15A NCAC 02B
.0233). Specifically, you stated, "The existing foundation (built within approximately 25 square feet of the buffer) was
constructed approximately eight years ago (prior to the effective date of the Tar-Pamlico Buffer Rule)." The existing
foundation and any home built on the existing foundation has been determined to be an "existing use" exempt from the
buffer rule. Therefore, the general variance is not needed. However, if you (or any future owner) intend to install any new
impervious surface within the buffer where it did not previously exist (e.g., expanding the existing foundation) you will need
to get authorization to use the general variance described above. You will be requested to provide a copy of the septic
permit, deed and a plat clearly showing any buffers and wetlands on the property and any impacts to these resources.
Please call me at [phone] if you have any questions.
Sincerely,
, Bob Zarzecki,
Wetlands/ 401 Unit, DWQ
Attachment(s): Coastal General Variance
cc: Tom Steffens, DWQ Washington Regional Office
Ted Tyndall, Morehead City District Office, 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC 28557
File copy
Central Files
bz
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), httpJ/h2o.enr.state.nc.us/ncwetlands/
YcMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: _tom steffens
WQ Supervisor: Romer Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name John & Trisha Sugarek Lot #15
Project Number 03 0962
Recvd From APP
Received Date $/4/03 Recvd By Region
Project Type single family home
County Beaufort
County2
Region Washington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet ???' , •
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
TPBR Buffers FT-0 N F__29-33-2-(2) SA NSWHQ 30,307. F__ F- F- F_
Mitigation Wetland
MitigationType Type Acres' Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
HOLD- applicant needs to provide more information on applications
-copy of septuc permit
- copy of deed
- plat showing buffer and cama line clearly
Recommendation: 0 Issue 0 Issue/Cond 0 Deny
cc: Regional Office
Central Office Page Number 1
10
40ir Zomments
Subject: 401 comments
Date: Mon, 25 Aug 2003 08:12:30 -0400
From: Tom Steffens <[e-mail]>
To: Cyndi Karoly <[e-mail]>, Bob Zarzecki <[e-mail]>,
mike horan <[e-mail]>
the following comments have been entered into the file pro system. one
has no tracking numbers yet that I could find, see below
proj name rew date type rec reg comments
03-0838 Ola Oyefusi 22-Aug 401 3-Jul Hold -applicant has to justify
need for bulkhead
03-0962 Trish Sugarek 22-Aug 401 13-Aug Hold - applicant to provide
following info" copy of septic permit, deed, and plat showing buffer &
CAMA lines to qualify for general variance
03-0819 Calvin Osborne 22-Aug 401 14-Jul Issue w/cond- applicant must
stay Win .1 acre
03-0837 J. Mel Reid 22-Aug 401 15-Jul Issue w/ cond- applicant must
stay Win .1 acre
03-0804 Clarence Gibbs 22-Aug 401 7-Jul Issue n/c
03-0864 Harry Schiffman 22-Aug DCM 7-Jul HOLD applicant has to explain
plug
03-0831 Henry Russell Grant 22-Aug 401 17-Jul Issue w/cond- culvert
must be installed under road
03-0629 William Berry Keech Jr. 22-Aug DCM 5-Aug Issue n/c
03-0899 Franklin D. Williams 22-Aug DCM 16-Jul Issue n/c
03-0900 Willam D. Reynolds 22-Aug DCM 16-Jul I Issue n/c
03-0917 Currituck Co. Southern Park 22-Aug DCM 24-Jul Issue n/c
03-0878 Teresa B. and E.L. Banks 22-Aug 401 21-Jul HOLD Applican mnust
provide current copy of current septic permit
03-0868 Horace Ward 22-Aug DCM Issue n/c
03-1007 Denny Hardy 22-Aug 401 19-Aug Issue n/c
Redco Properties LLc pob 277 Kinston NC isolated
wetland permit - Issue n/c
questions or commenta call or write
tomsa
1 of 1 8/25/03 10:09 AM
Triage Check List
Date: 6 Project Name: ?"ae.,e
DWQ#: 03 05(oZ
County: bf_L?
From:
To:
? ARo
? FRO
? MRO
? RRO
(&, J, 0
Mike Parker
Ken Averitte
Alan Johnson
Steve Mitchell
?RO
? WSRO
Tom Steffens
Noelle Lutheran
Daryl Lamb
Telephone : (919)
-? 3S_ G-&zco
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance •
uffer Rules (Meuse ar-Pamlic , atawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? 'Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
C,- ? . "P a

Ca a
JOHN and TR15HA SUGAREK L
3812 Greenddge Drive, Cibolo, TX 78108 Tele: 830-6247225 Fax: [phone] Cell: 210-269-6858
Email: trishsu_a aol.com
July 31, 2003
Attn: Mr. Robert Zarsechi
DWQ 401/Wetlands Certification Unit
2321 Crabtree Blvd.
Raleigh, NC 27604
a
r?
191ANDS1401
Dear Bob,
2003
?YAT6flQIYAL1TY8E tt
Please find enclosed my application for a general variance with regard to a home
site located in the Windsong Subdivision on Campbell Creek.
As we have discussed, the existing foundation was constructed approximately
eight years ago in accordance with the old thirty foot Rule.
Your regional office was recently on the site with a potential buyer and recorded
that the right [looking at the water] front corner of the existing foundation is five
feet inside the new fifty foot buffer.
If this application for a general variance is granted, it is our intention to advise
any future buyers that if they intend to expand on the existing foundation, they
would have to apply for a revision of the existing "general variance".
Thank you for your consideration of this matter.
Best regards,
Trisha Sugarek
Owner
OK
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State of North Carolina A QUALITY S
Department of Environment and Natural Resources CTf'?
Division of Water Quality
"General" Major Variance Application Form -
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential
structures on existing lots within the coastal counties as defined by the Coastal Area
Management Act (As approved by the Water Quality Committee of the Environmental Management
Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
• Neuse River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0233)
• Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant. The
original and two copies of the completed "General" Variance Application Form
and any attachments must be sent to the DWQ 401Metlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a
complete submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
Applicant's name (the corporation, individual, etc. who owns the property):
JOHN and TRISHA SUGAREK
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: JOHN and TRISHA SUGAREK
Title:
Street address: 3812 GREENRIDGE DR
City, State, Zip:CIBOLO, TEXAS 785108
Telephone: (830 )-624-7225
Fax: [phone]
i
Contact person who can answer questions about the proposed project:
Name: TRISHA SUGAREK
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
#15 WINDSONG S/D
Project Location:
Street address: LOT # 15, WINDLASS WAY
City, State, Zip: AURORA, NC 27806
BEAUFORT
Latitude/longitude:
County:
Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the
portion of the USGS topographic map indicating the location of the site):
East on Hwy 33 to the Windsong Subdivision. Turn left into Windsong S/D. Homesite is
at the end of the cul-de-sac named Windlass Way.
Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Campbell Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: 03-03-07,29-33-2-[2], SA HQW NSW
Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received
X X
Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
11/23/99 On-site Wastewater Permit
Active Connection to Sanitary Sewer
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 activity has already occurred in that a foundation for a home was built [8-10 years ago]
outside the old 30 ft. Rule/Buffer. One corner of the foundation [nearest the wetlands
and existing boat dock] is approximate 5 feet inside the new 50 ft. Rule/Buffer.
Estimated square footage: 25sq. ft.
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:
Not applicable because the existing foundation was prior to the new Rule and buffers.
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.):
Any future homes will comply with the diffuse flow provision of the Buffer Rule.
Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of
this Rule.
Current owner or any future owners cannot use existing home foundation [built 8-10
years ago] as the foundation "footprint" was placed based on old 30 ft. Rule. Current
owner or any future owner/s need a general variance so that existing foundation may be
used and be EXEMPT from new 50ft. Rule.
(2) How these difficulties or hardships result from conditions that are unique to the
property involved.
Owners or any future owner/s would like to be able to use the existing foundation for
home building or if the property is sold, be able to assure the buyer that the existing
foundation has a variance and would be an approved location for a home.
(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.
If the General Variance is not granted and the exisiting foundation is not found EXEMPT
from the new 50ft. Rule, then the owners would have to demolish/destroy the existing home
foundation which would probably cost in the thousands of dollars.
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
I, _TRISHA SUGAREK (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:
Date: July 31, 2003
Title: OWNER
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
http?//h2o.enr state.nc.us/ncwetlarids/
RALEIGH REGULATORY FIELD OFFICE
US Amory Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh North Carolina 27615
General Number [phone]
http/,,vAvw saw.usace.army mil/wetlands/regtour.htm
`IJ.ASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
sNashington. North Carolina 27889-1000
General Number [phone]
http riwwvw sa,v.usace.army.mil/wetlands/regtour.htm
Washington District Office
Division of Coastal Management
943'j'Jashington Square Mall
^Jashingtcn. NC 27889
phone [phone]
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
phone [phone]
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State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
"General" Major Variance Application Form -
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential
structures on existing lots within the coastal counties as defined by the Coastal Area
Management Act (As approved by the Water Quality Committee of the Environmental Management
Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
• Neuse River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0233)
Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
NOTE:
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant. The
original and two copies of the completed "General" Variance Application Form
and any attachments must be sent to the DWQ 401/Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a
complete submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
Applicant's name (the corporation, individual, etc. who owns the property):
JOHN and TRISHA SUGAREK
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: JOHN and TRISHA SUGAREK
Title:
Street address: 3812 GREENRIDGE DR
City, StatQ, Zip:CIBOLO, TEXAS 785108
Tialephone: 830 )-624-7225
Fax: L830 )627-0803
Contact person who can answer questions about the proposed project:
Name: TRISHA SUGAREK
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
#15 WINDSONG S/D
Project Location:
Street address: LOT # 15, WINDLASS WAY
City, State, Zip: AURORA, NC 27806
BEAUFORT
Latitude/longitude:
County:
Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the
portion of the USGS topographic map indicating the location of the site):
East on Hwy 33 to the Windsong Subdivision. Turn left into Windsong S/D. Homesite is
at the end of the cul-de-sac named Windlass Way.
Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Campbell Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 213
.0315 (Neuse) or.0316 (Tar-Pamlico)]: 03-03-07,29-33-2-[2], SA HQW NSW
Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received
X X
Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
11/23/99 On-site Wastewater Permit
Active Connection to Sanitary Sewer
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 activity has already occurred in that a foundation for a home was built [8-10 years ago)
outside the old 30 ft. Rule/Buffer. One corner of the foundation [nearest the wetlands
and existing boat dock] is approximate 5 feet inside the new 50 ft. Rule/Buffer.
Estimated square footage: 25sq. ft.
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:
Not applicable because the existing foundation was prior to the new Rule and buffers.
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.):
Any future homes will comply with the diffuse flow provision of the Buffer Rule.
Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of
this Rule.
Current owner or any future owners cannot use existing home foundation [built 8-10
years ago] as the foundation "footprint" was placed based on old 30 ft. Rule. Current
owner or any future owner/s need a general variance so that existing foundation may be
used and be EXEMPT from new 50ft. Rule.
(2) How these difficulties or hardships result from conditions that are unique to the
property involved. ,
Owners or any future owner/s would like to be able to use the existing foundation for
home building or if the property is sold, be able to assure the buyer that the existing
foundation has a variance and would be an approved location for a home.
(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.
If the General Variance is not granted and the exisiting foundation is not found EXEMPT
from the new 50ft. Rule, then the owners would have to demolish/destroy the existing home
foundation which would probably cost in the thousands of dollars.
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
I, TRISHA SUGAREK (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: '
Date: July 31, 2003
Title: OWNER
NC Division of Water Quality (DWQ)
401 `j,'letlands t.ertification Unit
2321 Crjabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
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