20030375 Ver 1_Complete File_20030328

ArFA
r
Y
April 4, 2003
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Charles & Lynne Rice
205 Broad Street
New Bern, NC 28560
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
DWQ # 03-0375
Craven County
Page 1 of 2
Subject Property: Lot 15, Phase IV, Cypress Bay on the Neuse, 108 Moore's Farm Rd., Havelock, NC
Neuse River (03-04-10,27-126, SA HQW (high quality) NSW (Nutrient Sensitive)]
REQUEST FOR MORE INFORMATION
Dear Mr. Rice:
On March 28, 2003, the Division of Water Quality (DWQ) Wetlands/401 Unit received your request for a Minor
Variance from the Neuse Buffer Rules (15A NCAC 2B .0233) for the subject property. The Division of Water
Quality (DWQ) is required to prepare a "preliminary finding" P'finding.of fact" as to whether the variance request
meets the requirements of 15A NCAC 02B.0233(9)(a). The DWQ may attach conditions to a variance
approval that support the purpose, spirit and intent of the riparian buffer protection program. Conditions
usually include stormwater management and buffer mitigation.
Additional information will be required before we can proceed with the review of your variance request.
Therefore, unless additional information is. provided as described below, we will have. to move-toward.denial of
your request per 15A NCAC 2B .0233 and will place this project on hold as incomplete until we receive this
additional information.
Additional Information Requested:
1. Buffer Impacts
Please indicate all buffer, wetland and water impacts on the site plan. Specifically, is the bulkhead existing
or proposed? If existing, please provide a copy of the CAMA permit approved for its installation.
2. Minimization/Avoidance
This Office believes that the house and driveway labeled on the plans can be moved or reconfigured to avoid
the impacts to the protected buffers. Please revise the plans to avoid the impacts.
Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me
and to Mr. Tom Steffens of the DWQ Washington Regional Office ([phone]). If we do not hear from you
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.nc.us/ncwetlands/
Page 2 of 2
in writing within three weeks, we will assume that you no longer want to pursue your variance request and we
will consider the request as withdrawn. Please call Mr. Bob Zarzecki of this office at [phone] if you have
any questions.
Sincerely,
L
Dorney Wetl ds / 401 Unit
flffWice
cc: Tom Steffens, DWQ Washington Regio USACE Washington Regulatory Field Office
File copy
Central Files
DWQ 030375
April 4, 2003
bz
03-- O 3-4S Triage On-Hold Letter 2•.0 Staff Contact
6$} Plan Detail Incomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill sloes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
Please indicate all buffer impacts on the site plan. p
eX 13w- lec,.Se.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
vate_ - r
0 e1cZ, " or, frOA .
e
Prta•e ?c?.e CA_ c--T "` crb (fie- CPMtiA
a_ppro\(Q_.A_ L tJ tMfJ?'
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
11 Please provide cross section details showing the provisions for.aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater ouffalis on the site plan.
? Please indicate the diffuse flow provision measures on the site plan. .
? Please indicate whether or not the proposed impacts already been conducted.
$} Avoidance and/or Mirdmization Not Provided
0 The.-AM1=0 on the plans does not appear to be necessary. Please eliminate the or provide additional information as to wh`y?
It is necessary.forthis projectrr.>a tied ?"r?"
'hao? 4?d a??? Proms
This Office believes that the labeled on the plans ae can be moved or reconfigured to avoid the impacts to the Please
revise the plans to avoid the Impacts..
This Office believes that the "I&W?on the plans ?w can be moved or reconfigured to minimize the impacts to the Please
revise the plans to minimize the impacts
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because . Please
revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer., K it is not possible to achieve diffuse .
flow through the entire buffer then. it may be necessary to provide stormwater management practices that remove nutrients before the stomrwater
can be discharged through the buffer.
>) Other
? The applicaflon fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impact was requested. Please provide $
This additional fee must be received before your application can be reviewed:
? Please complete Section(s) on the application.
.12 Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform
to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
OFFICE USE ONLY: Date Received.-,-- Request # I
State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality -9194'733-971 UJ
Wetlands Unit ® WATER
QUALITY SECTION
2321 Crabtree Blvd -- Suite 250
Raleigh, NC 27604-2260
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)
o 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 0213.0243)
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):
Charles & Lynne Rice
2.
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Charles & Lynne Rice
Title: Owner
Street address: 205 Broad Street
City, State, Zip: New Bern, NC 28560
Telephone: _(860 657-8950
Fax: ........_ ................?__ _ _.
3. Contact person who can answer questions about the proposed project:
Name: Jerry R. Ryan, PLS
Telephone: ( 252) 633-6649
Fax: S 252) 514-2858
Email: asdmail(@earthlink.net
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot 15, Phase Four, Cypress Bay on the Neuse
Version 2: November 2002
5. Project Location:
Street address: 108 Moore's Farm Road
City, State, Zip: Havelock, NC 28571
County: Craven
Latitude/longitude: N 34-55-45 W 76-43-21
6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the USGS
topographic map indicating the location of the site):
NC 101 to NCSR 1700 to NCSR 1704 to Long Creek Drive to Moore's Farm Road
See attached copy NCD(.")"F map
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream): NEUSE
RIVER
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: ___,0315 Neuse
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
_ S N_ O CAMA Minor
401 Certification/404 Permit
YES NO On-site Wastewater Permit
W 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 W.]:
400 Sa Ft. dwellina encroachment into Zone 2 of riparian buffer as shown on attached plat
200 Sa Ft. Concrete drivewav pad encroachment into Zone 2 of riparian buffer as shown on
attached plat
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:
Lot is too narrow for alternate plan
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.):
Maintain Silt fence during land disturbance and re-vegetation of grasses and new landscape plants
as soon as possible
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Lot would not be able to be utilized in a practical manor
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. _
Refer back to question 2 and enclosed plat for obvious self explanation
(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.
Refer back to all previous questions and enclosed plat for obvious self explanation
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): Jerry Ryan Atlantic Survey & Design, PA
Mailing address: PO Box 770
City, State, Zip: New Bern
Telephone: [phone]
Fax: [phone]
Email asdmail(eearthlink.net
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
s ! ; C, (print or type name of person
I,
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. n _ e /1
Signature:
Date:
Title:
Variance Request Form, page 4
Version 2: November 2000
h
ilk
0 IPF AT 50.0'
\ i. L
S_ G??Pi;:? 1 •1
1
86, 1h;i' NI \
c? otor = \ 3
O
Q
a co
IaL
0 ' 'ro OWN
I d'? IAs \?l 1 • ??It
\ ryOOO V
0.
40
st n

.J
Tom- ?O. N?
S
k
F \
y
1703
'1700
To NCSR
LOCATION
LEGEND
Y 61 GAMA flag Ctyp3
0
I WO.
SQ
•A
?. \
`s \
ss , \ %
IPF - IRON PIPE FOUND
IPS - IRON PIPE SET
MBS - MINIMUM BUILDING SETBACK
DUE - DRAINAGE AND UTILITY EASEMENT
M
- MEAN HIGH WATER LINE
?
- MARSH

IPS at 357.0'
LOT 15 \
\\ LOT 14 1.266 ACRES IPS
\\ I
BUFFER ZONE5
ZONES 1 & 2 OF RIPARIAN BUFFER PROTECTION RULES ( NCDWQ )
PROPOSED 50' BUFFER ENCROACHMENT OF DWELLING INTO ZONE 2 - 400 Sq. Ft.
THE PROPERTY SHOWN DOES FALL WITHIN THE FEDERAL, FLOOD
INSURANCE RATE MAP ONE HUNDRED (100) YEAR FLOOD PLAIN.
REFERENCE RESTRICTIVE COVENANTS FOR RESTRICTIONS AND \
EASEMENTS THAT MAY APPLY. \
GERT?FICATE OF SURVEY AND ACCURACY \
I, JERRY R. RYAN, CERTIFY THAT THIS PLAT WAS DRAWN UNDER \ C
MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY IPF ?i
SUPERVISION, THAT THE RATIO OF PRECISION IS 1:15,000+, THAT / AN
THIS PLAT MEETS THE MINIMUM STANDARDS FOR LAND SURVEYING
IN NORTH CAROLINA AS AMENDED, THAT THE BOUNDARIES NOT c
SURVEYED ARE SHOWN AS BROKEN LINES, THAT AREAS ARE BY
COORDINATE CALCULATION UNLESS SHOWN OTHERWISE, THAT THIS
SURVEY IS OF AN EXISTING PARCEL OF LAND AS SHOWN BY PLAT
RECORDED AT PLAT CABINET F, SLIDE 181-A.
O WITNESS MY SIGNATURE AND SEAL
L9 THIS 16th DAY OF JUNE, 2001.
o S1p?y9;re
a SEAL t
g
e ?- L- 3302 0
L
REGISTER RVEYOR, • !?• ~
-3302 Y'r L#."o SUR? o0a Z
/ 09#$0060 %
?• ???°a a
o
V tiy"
LOT 16
i
S% /
rn /
IP5 ?
D=G5'14'12' L:
R=50.00 \
L=56.93
5 41-43'5G- W
53.90'
-D-lq'lG'47- R
R=25.00 IPF
L=8.41
5 18'45'14' W
&3,7',
Proposed Plot Plan of
LOT 15 - PHA5E FOUR
0YPRE55 BAY on the NEUSE
108 Moore's Farm Road
for
CHARLE5 + LYNNE RICE
TE- Oct 28. 2002 Atlentic. Survey + Design. PA
B No, 1083 302 SOUTH FRONT STREET
ALEi 1 = 60' NEW BERN, NORTH GAROUNA
C252.) G33-"4q
i
A.ESOEV 1 i...
PoP 7959
G .0
EA
R 1 \ '-
Y ,
Iv !
1110
R 0\A T A N

Harbor
1106; .
1101
A 61 d f
,7 PA .E
Cr0o1 1105
7v \
LLQQ. \
( Pies Groh
N A T 1 O N A
LONG
( LAKE
E

MARINE CORPS
_ AIR STATION
GiI

F 0 R
GREAT LAKE
\ CROATAN LLJS N u
M\ COOPERATIVE Q S f3 - Nu
i
WILDLIFE
140 9- 1-417
\ MANAGEMENT
AREA 77 LT4Q-,
Z,
'\ 1 NOTE' MAP INCLUDES ONLY STATE MAINTAINED ROADS 17
' OR IMPORTANT NON-SYSTEM ROADS.
\, / ?• MILEAGE NOT SHOWN ON FRONTAGE ROADS,
1 ROADS SHOWN AS OF IAN. I, 1990
J
S
It
?0
?- un
? -Lau
\? _ Jail
I I\
vo
l
L \ ?. 1
R 1707
n?6
17 7
99 F3i / d
? 1716 , 6
H '
?1' 1710
1711 171
F.. 1.7 E7 ? "J29n, u
FA`' North 101
HaHowa i
1
O ae
/R
CRAVEN COUNTY
NORTH CAROLINA
PREPARED BY THE
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS-PLANNING AND RESEARCH BRANCH
IN COOPERATION WITH THE
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
SCALE
LH.LT° 0 I-----a T--?<MILES
0 0.5 1 MRE

\I
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
.so that we can return the card to you,
Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article. Addressed to.,
A 84 daft C%?-?`_?l
X ? Agent
"'" -? Addresse
vby Name) C. D e eliver,
D. ' Is delivery address different from item i i ?1Yes
If YES, enter delivery address below: ? No
Charles & Lynne Rice
205 Broad Street
New Bern, NC 28560
03-0375 - Craven County 3. S "ice Type
ECertified Mail ? Express Mail
--- ? Registered 6Retum Receipt for Merchandis
? Insured Mail ? C O.D.
>_.Article Number
'Transfer from serviL_
orm 3811, August 2001
4. Restricted Delivery? (Extra
7002 3150 0004 9315 2912
Domestic Return Receipt
d Yes
102696.02•M-

hostage & Fees Paid
USPS
Permit No. G-10 -
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
11
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604