20031509 Ver 1_Complete File_20031126

?CF WATF9 Michael v. tasiey, uovernor
Q
William G. Ross Jr., Secretary
?O G North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 15, 2004
DWQ # 03-1509
Hyde County
Catherine A. Scarborough
P.O. Box 1449
Ocracoke, NC, 27960
Subject Property: Catherine A. Scarborough residence
Oyster Creek/Pamlico Sound 03-03-07, 29-35-6, 29-(40.5)
APPROVAL of Tar-Pamlico River Riparian Buffer Protection Rules MINOR VARIANCE (15A NCAC 2B.0259(9)(b)]
Dear Ms. Scarborough:
You have our approval, in accordance with the conditions listed below, to impact approximately 560 square feet (fe ) of
Zone 2 of the protected buffers to construct a residence at the subject property as described within your variance request
dated October 29, 2003 and received by the Division of Water Quality (DWQ) on November 26, 2003. 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 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:
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 213 .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. The steps proposed for placement in Zone 1 shall be re-
positioned so that they do not enter Zone 1. This can be accomplished by shifting the house structure toward the
road and relocating the septic and pump tank beside the drive or by placing the steps such that they exit the side
of the porch thereby remaining outside of Zone 1.
2. Buffer Mitigation (WRP)
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 560 square feet as required under this variance
approval and 15A NCAC 2B.0233. We understand that you wish to make a payment into the Riparian Buffer
Restoration Fund administered by the NC Wetlands Restoration Program (WRP) 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)(C). Until the WRP receives and clears your check (made payable to: DENR -
Wetlands Restoration Program Office), no impacts specified in this variance approval shall occur. Mr. Ron Ferrell
should be contacted at [phone] if you have any questions concerning payment into the WRP. For
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
accounting purposes, this variance approval authorizes payment into the Riparian Buffer Restoration
Fund to compensate for 840 ft2 (required 1.5:1 mitigation ratio) of required riparian buffer mitigation for
impacts to 560 ft2 of protected riparian buffers; 03-03-07, 29-35-6, 29-(40.5) Tar-Pamlico river and
subbasin."
The DWQ will also accept an alternative method of mitigation (including but not limited to Buffer Restoration or
Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B.0259) 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 for review and approval. 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.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 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 letter completes the review of the Division of Water Quality under the Tar-Pamlico River Riparian Buffer Protection
Rules [15A NCAC 2B .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
AW K/cbk
cc: Stephen Lane, DWQ Washington Regional Office
File copy
Central Files
03-1509
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Catherine A. Scarborough County Hyde
Project Number 03 1509 County2
Recvd From APP Region Washington
Received Date 11/26/03 Recvd By Region
Project Type residential fill
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet?:atf ipl?=i<
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ??t-? ?•?iii_)R}
TPBR Buffers FT-0-
Y O N 129-(40.5) _SA_ F IiQW 30,307. F_-
[--r-O Y _@N r--29-35-6 SA NSW}tQ 30,307. ? ? I F_
r
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? OQ Y 0 N Recommendation: 0Issue O Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
The applicant acquired the property in 2001 and doesn't q ualify for th e "Gen eral" Major Variance.
It is recommended that a minor variance be issued to the a pplicant w ith the condition that the
applicant reposition the steps proposed in Zone 1 so that t hey do not
enter Zone 1, either by sliding the house structure towards the road a nd relo cating the septic and
pump tank beside the drive or having the steps come off th e side of t he porc h so they remain outside
of Zone 1. Mitigation is recommended for 560 square feet (20' x 48') of impa ct in zone 2 at the
appropriate mitigation rate(1.5:1). - SQL 1-7-04
cc: Regional Office
Central Office Page Number 1
I
1
Triage Check List

Date: I ? 13 /7?
Project Name; CA , Sc
DWQ#: ?3 - ls. d 9
County:
To: ? ARO Mike Parker L_ WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Steve Mitchell
From: Telephone : (919)
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
? mization/avoidance
Buffer Rules (Neuse,? ar-P co, Catawba, Randleman) VW' I? c .
?
? 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:
OFFICE USE ONLY: Date Received Request # ___
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality,r, 1
"General" ._rye i,`atio enJ
Mayor Variance Applic Fdrm -
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 51912001)
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.)
1. Applic nt's name (th corp ation individual, etc. who o ns the property):
M6 IVE __ M.
2. Print Owner/Sig
Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
ning Official (
oP-?'_ c
erson legally responsible for the property and its compliance)
TLA
K A( - - -
i1 ,,? ililD ---- ---- --- ---- --__- - ----- ------
S / 401 GROUP
-- - - - - -- - NO V 2 6 2003
- --_ -- ---.
---3 (o2-0
3. Contact person who can answer questions About the proposed project:
Name: ( M ._lkS _-----
Telephone:
Fax: ( - - - - ---- - - -- ------- -- ----- -
Email:
- _WVER-QUALITY SECTION
"General' Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifi at'or}s, letters; operation-and maintenance agreements etc.):
5. Project Location: _
toS
Street address: r
City, State, Zip: ---?---- ---?i(2S--- ------------- -
County: ----- 71-------------------------------------------------
Latitude/longitude: ----- ---__-_-_ __---------- ----------
6. 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
V 2, V7_16 J
ar -It
-all ly 5 D-
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the neare§t named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]:
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
_ID- On-site Wastewater Permit
Active Connection to Sanitary Sewer System
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Water ed Variance L
-- ----- ----- Others (specify) --LU? -- e rrrit'T
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. 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 buff r impact in ft2.:
------------------------- - -------
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:
"General" Variance Application Form, page 2
Version 1: May 2001
c

11-tc
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-panting ve et?tion o enha cement of existing vegetation , tc.):
E ??LE (K-W-n m ? 144 1- IM tom'<-a?*l tJ cisTErc\15
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
_.?-? bps----- C=r_
Ola-
(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: _-------------------------------------.---, ---------.._._____._._._______.___._.
"General" Variance Application Form, page 3
Version 1: May 2001
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Fax:
Email:
Part 5: Applicant's Certification,
I, _--- -- r?I?-?!%:-___ (print or type name of person
listed in Part I, Item 2), certify that the information in luded 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: ------ t - - Q?-?-__ ----------- -
Title: Cr/
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Cater (MAILING ADDRESS)
Raleigh, NC 27699-1650
)9191) 733;-9728 (131,,0 1
htip;/(h2o.enr.sia? .nc.usrnr..?^; tl<<^,nd?'
RALE1G71-11: REGULATORY FIELD OFFICE
US Army Co, P:; o Engineers
6508 Fat IIs of the ikeUs v;Read. Suits 1s 0
R aleinh, North Carolina 27615
:,=.,r?ral P.'?!!??L =; r. (°i9) 111.16-) 1,?.'i
ittp://wvdvvs USSce.army.ntil/; tlonCjSiregto+ur,htm
WASHINGTOi-J REGULATORY FIELD OFFICE
US Arrray c;or:s of EnnineOTS
Post Offica 1000
a!aching'lon, No,ts' Cnr..lina 27899-1Ci0"
-11R,nl (252) P75-616
JiitJ:l/?,'JSJN.SBVLU:i<^.CS.?;rlril.n?Ilia.,; iitlrnCl S/i Fig!D!Jr.htnl
Vvii-,hinglora D!t;i ict 1711!1..
Divisi:,. of CGS;stil iJaria:.menl
941'A'ashinglan
V+hshiiicton, NIC 2783;
phone: 252194GB4E1
P?lorehead City District Office
Division of Coastal lvlarr< celreni
151-8 I-iighvvay 24 4
rvlorehead City, NC 28557
phone: 2521,30E-2808
"General' Variance Application Form, page 4
Version 1: May 2001

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