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HomeMy WebLinkAbout20031337 Ver 1_COMPLETE FILE_20031029MEMORANDUM TO: John Dorney Regional Contact: stephen lane Non-Discharge Branch WO Supervisor: Roger Ihorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Albert Jr. & Stephanie Hucks Project Number 03 1337 Recvd From APP Received Date 10/29/03 Recvd By Region Project Type single family home County Pamlico 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. NBR Buffers 1 _0N F 27-129-7-( sC NSWHQ 30,410. 0.05 7, BR FT, 7TT,77 OO _0N, 415. F 0.0( Mitigation Wetland MitigationType Type Acres Feet Buffer ATP Bt ers (1.07 F- F_ f F_ Is Wetland Rating Sheet Attached? O Y (ON Did you request more info? O Y *N Have Project Changes/Conditions Been Discussed With Applicant? O Y (0 N Is Mitigation required? OQ Y O N Recommendation: O Issue * Issue/fond O Deny Provided by Region: Latitude (ddmmss) 350238 Longitude (ddmmss) 764239 Comments: Issue with mitigation for zone 1. SDL-12-8-03 cc: Regional Office Central Office Page Number 1 Facility Name Albert Jr. & Stephanie Hucks County Pamlico Project Number 03 1337 Regional Contact: stephen lane Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 4 wncnaei r. casiey, uovernor 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 1. Certificate of Completion February 5, 2004 W ATFR QG i DWO Project # 03-1337 Pamlico County .Pagel of 2 Albert Walter Hucks, Jr. and Stephanie I. Hucks 109 Quarterdeck New Bern, NC 28562 Subject Property: Lot 54, Oriental Plantation, Windy Court, Oriental, NC 28571 Smith Creek [03-04-10, 27-129-7-(1), SC HQW (high quality) NSW (nutrient sensitive)] APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS Dear Mr. Hucks: You have our approval, in accordance with the conditions listed below, to impact approximately 2,375 square feet (ft) of Zone 2 and 2,875 ft2 of Zone 1 of the protected riparian buffers for the purpose of constructing a single-family home on the subject property as described within your application dated October 28, 2003. This letter shall act as your approval for the use of the "General" Major Variance; From the Neuse and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS as approved by the Water Quality Committee (WQC) of the Environmental Management Commission (EMC) on May 10, 2001. In addition, you should get any other required federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control and CAMA permits. This approval shall expire when the variance expires on April 11, 2006 unless the variance is renewed before that time by the EMC. This approval is only valid for the purpose and design that you described in your variance request. If you change your project, you must notify us and you may be required to send us a new request for approval. If the property is sold, the new owner must be given a copy of this approval and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed below. Conditions: 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. 2. Diffuse Flow All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-erosive velocities prior to entering the protected riparian buffers as identified within 15A NCAC 2B .0233(5). No new ditching or piping of stormwater through the protected buffers is allowed. 3. Protective Fencing The outside buffer boundary and along the construction corridor within this boundary approved under this authorization shall be clearly marked with orange fencing (or similar high visibility material) for the areas that have 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/ Applicant: Page 2 of 2 Date: ! +6 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 .0233. The protective fencing should be removed once construction is complete. 4. Buffer Mitigation (WRP) You are required to mitigate for impacts to Zone 1 of the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 2,875 square feet as required under this variance approval. 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 the General Variance, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 213 .0233(9)(C). Until the WRP receives and clears your check (made payable to: DENR - Wetlands Restoration Program Office), no impacts specified in this Authorization Certificate shall occur. Mr. Ron Ferrell should be contacted at (919) 733-5208 if you have any questions concerning payment into the WRP. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for 2.875 ft2 of required riparian buffer mitigation for impacts to 2,875 ft2 of protected riparian buffers; 03-04-10 river and subbasin, 27-129-7-(1) stream index number." 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 that 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. Neuse River Riparian Buffer Protection Rules (15A NCAC 2B .0233 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Stephen Lane at the Washington Regional Office at 252-946-6481 if you have any questions or require copies of our rules or procedural materials. Sincerely, Attachments: Coastal General Variance Certificate of Completion Klimek, P.E. r, DWQ cc: Stephen Lane, DWQ Washington Regional Office DCM Morehead City District Office File copy Central Files DWQ Project No. 031337 February 5, 2004 bz k O W AT .fR Michael F. Easley `O? pG Governor r William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality NORTH CAROLINA DIVISION OF WATER QUALITY Coastal General Variance Approval SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2B .0233, Albert W. Hucks, Jr. has permission as outlined below and within the attached variance approval to impact buffers for the purpose(s) of constructing a house within the buffers. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached authorization certificate.. THIS VARIANCE APPROVAL IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP) DWQ Project No. APPROVAL DATE: LOCATION: COUNTY: BASIN/SUBBASIN: STREAM INDEX NO.: 03-1337 February 5, 2004 Oriental Pamlico 03-04-10 27-129-7-(1) As required by 15A NCAC 213.0233 and the conditions of the variance approval, you are required to compensate for the above impacts through the restoration or enhancement of buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. 2,875 square feet of riparian buffers One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242]. If you choose this option, please sign this form and mail it to the WRP at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WRP. Signature WETLANDS RESTORATION PROGRAM (WRP) NC DIVISION OF WATER QUALITY 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Date 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/ MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Albert Jr. & Stephanie Hucks Project Number 03 1337 Recvd From APP Received Date 10/29/03 Recvd By Region Project Type single family home County Pamlico County2 Region Washington Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet El T ype Type Impact Score index Prim. Supp. Basin Req. Req. Im NBR Buffers WT-0 N F__ 27-129-7-( SC NSWHQ 30,410. 0.05 1 r- ?- NBR BuffersO }' O'v F__F__rF_30,410. 0.06 F_ I;F_ F---F-- OY ON F__F_F_F_F__F__F_ I _.F_ Mitigation Wetland MitigationType Type Acres- Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y .ON Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? OQ Y 0 N Recommendation: 0 issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) 350238'. Longitude (ddmmss) 764239 Comments: Issue with mitigation for zone 1. SQL-12-8-Q3 cc: Regional Office Central Office Page Number 1 7 imap://bob.zarzecki%40dwq.denr.ncmail.net@ cros.ncmail.net:143/fe... Subject: Filemaker Comments From: Stephen Lane <Stephen.Lane@ncmail.net> Date: Mon, 08 Dec 2003 12:17:28 -0500 To: Cyndi Karoly <Cyndi.Karoly@NCMail.Net> CC: Bob Zarzecki <Bob.Zarzecki@ncmai1.net> Hi Bob and Cyndi, I have entered comments into the variance application 03-1337. It with mitigation required for zone have any question or comments. Stephen Filemaker database for Albert Huck's is recommended to issue the variance 1 impacts. Please let me know if you 1 of 1 12/8/2003 12:43 PM MEMOP,ANDUM A I - TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Albert Jr. & Stephanie Hucks Project Number 03 1337 Recvd From APP Received Date 10/29/03 Recvd By Region Project Type single family home County Pamlico County2 Region Washington Certificates Stream Permit Wetland Wetland Wetland' Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. NBR Buffers WT _0N I 27-129-7-( sc NSWHQ 30,410. 0.05 F- NI3R Buffers FT O rJ F_ F_ 7-F__ F30.410. O.U6 f -F-O Y O N F__I F_-F_F_F__ Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y QQ N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y QQ N Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) 350238 Longitude (ddmmss) 764239 Comments: Issue with mitigation for zone 1. SDL-12-8-03 cc: Regional Office Central Office Page Number 1 Facility Name Albert Jr. & Stephanie Hucks County Pamlico Project Number 03 1337 Regional Contact: stephen lane Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 Triage Check List Date: It- 12S L6-5-+. onW? Project Name: ?? DWQ#: 03 -133-4 County: Pcl?cz To: ? ARO Mike Parker ? FRO Ken Averitte ? MRO Alan Johnson ? RRO Steve Mitchell From:A WaRO Tom Steffens ? WiRO Noelle utheran ? WSRO Daryl Lamb Telephone : (919) -33 --c'}Zko 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 issues Buffer Rul s (Neus , ar-Pamlico, Catawba, 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: v WET?NDS ( k SE ON LY: Date Received ------- _---------- Request # SQWNorth Carolina OCT 2 Department of Environment and Natural Resources ;ivisiSEQ?r Quality INNTERQU "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. 3. 11 Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and- Maintenance of Riparian Areas Ruin (15A NCAC .0233) Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0259) ? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management 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 4011Wet/ands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650,9147"-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. Applicant's name (the corporation, individual, etc. who owns the property): -Albert Walter Jr. and Stephanie I. 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Albert Walter Jr. and Stephanie I. Hucks__ Title: Street address: 109 Quarterdeck City,S tate, Zip: -New Bern, NC 28562 Telephone: 252 )_633-9832-_____.----- ._._______-___ Fax: 252 )_634-4811____ Contact person who can answer questions about the proposed project: Name: -Albert Walter Hucks, Jr. Telephone: 252 )_672-7344__-_-_- __._._ Fax: ( 252 )_634-4811__ Email: _whucks@hatterasyachts.com "General" Variance Application Form Version 1: May 2001 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Oriental Plantation 5. Project Location: Street address: _-__Lot 54, Windy City,S tate, Zip: _._-Oriental, NC County: _.___Pamlico____.__..._-.._..... _------ __.... Latitude/longitude: -_......_Lat: 35° 2' 38.48" N; Long: 76° 42' 38.51" W 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): ..-South on S.R. 55 heading towards Oriental. Right on S.R. 1005 (Kershaw Road) ..... __........ _...... __.... _ Left into Oriental Plantation subdivision on Plantation Parkway. Left on Windy _.-Lot 54 is straight ahead and left off of cul-de-sac at the end of Windy 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): UT to Smith Creek Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: __.0315_........ 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 ..._...... ........ Active Connection to Sanitary Sewer System .... ___._----- NPDES Permit (including stormwater) .......... _.._ Non-discharge Permit Water Supply Watershed Variance Others (specify) _.General Variance Application 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 tthe area of buffer impact in ft2.: --- SEE ATTACHMENT A_____vv-____--_ 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 SEE ATTACHMENT 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.): _.._.._._......_._SEE ATTACHMENT 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. As stated in answer to Part 2, Question 2 above, strict application of riparian buffer rule...- -would render lot unbuildable when taken together with the location of septic system-.--- -setback and 45' minimum build line. (2) How these difficulties or hardships result from conditions that are unique to the property involved. -The cause of difficulties/hardships are due to a non-surveyed marsh (See Attachment B, C or D) ........ that literally bisects lot 54, and thereby imposes a riparian buffer zone that, followed strictly, .....,.renders lot unbuildable .. (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. ...........Economic hardship is not major consideration. Major consideration is the ability to ._.,_..__-.., --...construct a home for my family. However, if variance is not granted, the unbuildable.-..._.__ ... lot would become an economic hardship in that we paid a significant amount of money. ...... ..... for a lot that we cannot build a home. 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): ....... ................. ___.._......_......---_.._ ............... .._. ---.-_.._.._......_._--_._......_.__...._....._.._w-- Mailing address: ..... .... ....... __ ............. _._.... __.............. ............... ....... _.......... .... _._._---....... _....... ____..__...._.._._ City, State, Zip: .._......... _....... ....... .._._.............. _...----...._--.___..._.......... _._ ..................... _....... _......... _.... _...-.--..---.-.--...._-.._______...._..._....---.__.__ Telephone: .... _.................. --........ __............_.._......_..---......... -....... ............ -__-......... ._.._....---..-.... _...... _.__........... _...... __......----..__......_.._..--_.._._....... - -._.._..... "General" Variance Application Form, page 3 Version 1: May 2001 Fax: Email: Part 5: Applicant's Certification I, -Albert Walter Hucks, (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: Title: NC Division of Water Quality (OWQ) 401 Wetlands Certification Unit 2321 Crabtree Blvd. (LOCATION) 1650 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27699-1660 (919) 733-9726 (phone) http://h2o.enr,state. nc. uslnowetia ndsl RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 6503 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 General Nuhiber: (919) 876-3441 http:f/www,saw.usace,army, millwetlands/regtour. htni WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 General Number: (252) 975-1616 hf p://ww,v,saw. usace. army. mi lhvetlands/regtour, htm Washington District Office Division of Coastal Management 943 Washington Square Mall Washington, NC 27€389 phone: 2521946-6481 Morehead City District Office Division of Coastal Management 151-B Highway 24 Morehead City, NC 28557 phone: 252/808-2808 "General" Variance Application Form, page 4 Version 1: May 2001 PAMLICO COUNTY HEALTH DEPARTMENT P.O. BOX 306 . BAYBORO, N C 28515 IMPROVEMENT PERMIT Owner:Orlental Plantation, Inc. initial Site Repair site 0wrwAddlama(b" Loll: P.O. Rat 130 Uwt14t AddMm t(,2):0dWlh , N.C. 28571 trosstewatsr Syeten:Penel BbOk L*V Tdrm Acompf wim Rats(©PUSQFT):0.35 wawkeMr wSyeb-parkt Block Long Term AOOep-- Rete(GPOISOFT)AS6 Owner Phon4lkW2) 2484787 Propergr Addret a:Oriental Plantation t of s4 . Trench WkKb2 FT Tench ep-hV (OG)r$ FT Trench Wklt" Fr Tmnch Spet:inp (Or-)-G Fr PIN:108?664 TWICh Botkkn Fran NGL: 22 IN Trench 80ttwe From NGL 22 IN R Septic Tank Vdunte:1000 GAL Septic Tank Vdume:1000 GAL nq Type of Wempubac Well oaelan Flow (GPD):240 30.00 feet 1:s00 L 146 MAR S t o m e 4 Ii 90. 0 . I 1qr QD I lCor-1 $9' I o3, WINDY COURT AN AUTHORIZATION TO CONSTRUCT MUST BE OBTAINED AND ALL FEES PAID PRIOR TO WASTEWATER SYSTEM INSTALLATION THE PAMLICO COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO CHANGE THIS PERMIT IF THE SITE IS ALTERED, INTENDED USE CHANGED, OR ANY INFORMATION IS FALSIFIED. ANY CHANGES TO THIS PERMIT WILL REQUIRE A REDESIGN PERMIT AND SUBSEQUENT FEE. Authorized Agent: y - "f Date 3/9/2001 TopoZone - The Web's Topographic Map Page 1 of 1 http://www.topozone.com/print.asp?z=18&n=3878937.34427304&e=344038.900212851 &s=50&size=l... 10/23/2003 Attachment A Project is construction of single family home. Proposed location of home, as shown in Attachment B, is set as far landward (towards cul-de-sac) as allowed by 45' minimum build line, and as far right (when facing the lot from the cul-de-sac - away from CAMA vegetation line) as allowed by 5' septic system setback. At this location, the home perimeter crosses zone 2 riparian buffer line into zone 1 riparian buffer. In order to ensure stable ground on which to build foundation for home, we are requesting a variance to riparian buffer rule in order to allow filling/grading of zone 1 and zone 2 areas that are adjacent and landward of CAMA vegetation line. Requested areas are shown shaded on Attachment C. Request involves 2375 ft2 of zone 2 area and 2875 ft2 of zone 1 area. 2. As shown in Attachment D, due to location of septic system and un-surveyed marsh that bisect this lot, strict application of riparian buffer rule would leave only 554 ftavailable for construction. Considering the fact that, as per neighborhood covenants, the minimum square footage home allowed to be built in Oriental Plantation is 1500 ft2, this lot would be rendered effectively unbuildable. 3. Orientation of home on the lot and land grading techniques would be implemented so as to ensure diffuse flow is maintained into marsh. Including use of rip-rap or other natural or constructed bulkheading material, fortification of buffer area vegetation, and diffusion of roof gutter flow. Attachment B PAMLiCO CQI.JR`-Y -_EALTH DEPARTMENT a ? . 0. 30X 306 BAYBQRO, N C 28515 IMPROVEMENT PERMIT OwnecOrtental Plantation, Inc. Initial Site Repair Site C wrwr O ness:aln San Lnlt P.0, Dcx 1W 28071 Atli MU(2):Q0wxLb9 C t i e N wastematw System:POAN EWXK 5 Wpsbwntar Systero:Psnet Block 35 QPD/SQF"T :0 T A , . w W . Loft T6= Awmptantar RaLa(GPDISQFT}:0.3 ) . artu ooWptanc9 R*rW Long Qwiiar Phdte X-(252) 2494787 Tr neh Wktth2 FT Trench Wkith:2 FT Props .y Address 0dental Plantation -I,.at 54 Trench Spadnq (OG):8 FT Trench Spacing (QC):8 FT P1N:108?5+4 Trench Bottctn Fi9r11 NQj-:-221N Trench Bottom From NGL:22 IN Record *4U36." Septic Tank Voltane:1000 GAL Septc Tank Volume:1000 GAL t=stapYahment Type:tlome Type eFWell:Ptrb6c Well 099W plow (GPD):240 L 1413 MAR l 0 ? ? ? 1 Ae, ?` / r rdvc- .? A4 1: iL t t { ? ?\ f r'?l t ,L ?wy+`? Ilmj?bd(' W.00 feet WINDY COURT 0 LiA)5,0 A 2rrA l ?UAICArr-s VAJsug-wycio MAP-1614 SPAD,eD AaiM l pie ? ?5 ppopos0o av,c0/yG- SiTc. AN AUTHORIZATION TO CONSTRUCT MUST BE OBTAINED AND ALL FEES PAID PRIOR TO WASTEWATER SYSTEM INSTALLATION THE PAMLICO COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO CHANGE THIS PERMIT IF THE SITE IS ALTERED, INTENDED USE CHANGED, OR ANY INFORMATION 16 FALSIFIED. ANY CHANGES TO THIS PERMIT WILL REQUIRE A REDESIGN PERMIT AND SUBSEQUENT FEE. f Authorized Agent: Date $/$/2001 ! Attachment C PAMLICO COUNTY HEALTH DEPARTMENT L ` P.O. BOX 8©6 . BAYBORO, N C 28515 IMPROVEMENT PERMIT Owner:Orlental Plantation, Inc. Initial Site Repair Site ownerAddress:00 Sate Loft P.O. Sax. 130 wastewater Syamm:Pan®1 Block wastewater Syewm:eww Stock fjwiw Addfss 2):Oriw1;* N.C_ 28571 L&O TOM Aaaeptrxrca RaWGPD/8QFr):0.35 Long Term Amoptanos Rat9(GPDI$QFT):4 3s ownerPhon**:C (2)248-1787 Trench WKfth2 Fr Trench Width2 FT PtopartyfWdress:Odental Plantation 4Ak 54 Trench Spacing (10C):8 FT Trench Spacing (00):8 FT P1N:108 3B 64 Trench Bottom Finat NGL:-22 IN Trench Bottom From NGL:-22 W Record 046235-64 Septic Tank Volume-.1400 GAL Septic Tank Vdume:1000 GAL Estaut shnsent Type:Home Type of We":Pubtic Wdl Design Fkav (GPD)240 L 146 1 ?f MAC - I # ?1 J..1NED .14110 1NA614res w , 4 UNsa.f YF.D /h?412sg if 1141? W-00 feet '1:600 ' WINDY COURT AN AUTHORIZATION TO CONSTRUCT MUST BE OBTAINED AND ALL FEES PAID PRIOR TO WASTEWATER SYSTEM INSTALLATION THE. PAMLICO COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO CHANGE THIS PERMIT IF THE SITE IS ALTERED, INTENDED USE CHANGED, OR ANY INFORMATION IS FALSIFIED. ANY CHANGES TO THIS PERMIT WILL REQUIRE A REDESIGN PERMIT AND SUBSEQUENT FEE. Authorized Agent: y°"' ?f Date 3/9/2001 Attachment D - PAMLICO COUK -Y - EALTH DEPARTMENT ?.O. BOX 308 BAYBORO, N C 28515 IMPROVEMENT PERMIT Oy necOriental Plantation, Inc. Initial Site Repair Site o nterAd**ssxJo Sail. Loft P.O. Baps 1 §0 WasUmater 8ystem•Panei BIW* Wpatewslar Syste=Psnel BloCk t -AW Aadmus(2):Otknild. ma 28071 Loft T&M AarepbwKw R2tq(OPWSQFT}:0.35 Lang TWn A00optanc9 R$rW iPD18aF'T):0.35 Owner Phase *(232) 249.4787 Trench Wtlth2 FT Trench WkRh:2 FT Property Addrass:Oderrtal PlerdWM 1.d 54 Trench Speciny (0C):8 FT Trench Specing (0C):8 FT PiN:108-3044 Trench Bottom Fmm NOU-22 IN Trench Bottom From NGL:-221N Record 0023544 Septlo Tank Vclume:10W GAL Sephe Tank Volume:1000 GAL Establishment TypwMome Type of WAdI:PUWc Wall Design Plow (GPD):240 r +i . 50.001eer L 148 MAR vt ??` AEL 41; SdADeo AD-6A ,,u©1v-,4>-EIS N Suu-DA91-V AQUA; A0vina srR- 14-'r AA,?E?rw TO R vi'?f A PP96)0 M 7- z/ 5.51.3 r: WINDY COURT AN AUTHORIZATION TO CONSTRUCT MUST BE OBTAINED AND ALL FEES PAID PRIOR TO WASTEWATER SYSTEM INSTALLATION THE PAMLICO COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO CHANGE THIS PERMIT IF THE SITE IS ALTERED, INTENDED USE CHANGED, OR ANY INFORMATION IS FALSIFIED. ANY CHANCES TO THIS PERMIT WILL REQUIRE A REDESIGN PERMIT AND SUBSEQUENT FEE. Authorized so x? i?lf ,i 8, i y W w Irl1 Li, 1P Aaa lNO?eA-ors Up75vpv5y1;i0 jvt.A",d Date 3/9/2041 " General" MAJOR VARIANCE 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 that meet the conditions stated below. This "general" major variance from the Riparian Buffer Protection Rules in the Neuse (15A NCAC 2B .0233) and Tar-Pamlico (15A NCAC 2B .0259) River Basins is hereby issued by the NC Environmental Management Commission (EMC) for impacts to the protected buffers as long as the conditions prescribed below are met. The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ "General" Major Variance Application Form that describes how the following conditions of this variance will be met. If these conditions can not be met, an individual Major or Minor Variance from the Buffer Rules may be sought from the EMC. This "General" Major Variance shall expire on April 11, 2006 unless it is renewed before that time by the EMC. Conditions: 1. The residential lot must be located within one of the coastal counties as defined by the Coastal Area Management Act (CAMA). 2. Applicants must show that they have met the requirements for a variance as specified in the buffer rules in. "VARIANCES" [15A NCAC 2B .0233(9)(a)(i)- (iii) and 15A NCAC 2B .0259(9)(a)(i)-(iii)] for the specific river basin where the impacts will occur. 3. Applicants must show that the residential lot has been platted and recorded prior to August 1, 2000. 4. Construction is for residential buildings and related structures such as garages, decks, porches, attached commercial buildings, driveways and sheds. 5. Substantial expenditures and contractual obligations must have occurred in good faith prior to the August 1, 2000. Substantial expenditures and obligations must have been made in reasonable reliance upon governmental permits and/or approvals (such as 401 Water Quality Certifications, CAMA permits, active connection to an existing sanitary sewer system or local on-site wastewater system approvals). Supportive written documentation must be submitted to the DWQ for review. 6. The lot must be buildable, without wetland impacts except for driveways and/or utility crossings and any impact to the buffer shall be minimized to the maximum extent practical. 7. Where impacts to the buffer will occur, the impact should be minimized to the greatest extent practicable as determined by DWQ staff. 8. Any on-site wastewater treatment must not be located within 50 feet of a surface water as specified in "ZONES OF THE RIPARIAN BUFFER" [15A NCAC 2B .0233(4) and 15A NCAC 2B .0259(4)] of the buffer rules. The only exceptions include any pretreatment systems meeting the Treatment Standard 1 as found in 15A NCAC 18A .1969 Innovative System Approval regulated by the NCB. Division of Environmental Health, On-site Wastewater Section. 9. On-site stormwater management controls must be shown on the application and stormwater runoff must be directed away from the adjacent surface water and/or coast wetland as determined sufficient by DWQ staff; measures such as rain gardens, bio-retention areas, vegetative filter strips and planting of trees or shrubs along bulkheads and/or property lines to maximize pollutant removal may be required as determined by DWQ staff. If the applicant is required to obtain a Sedimentation and Erosion Control Permit or a CAMA Major Permit, then a Stormwater Permit may be required from the DWQ. 10. Mitigation will be required at a 1:1 ratio for impacts to Zone 1. This mitigation can be accomplished by either (1) payment into the Riparian Buffer Restoration Fund (administered by the DWQ Wetlands Restoration Program), (2) planting or protection of a riparian area not subject to the buffer rules, or (3) additional planting of a partially buffered location on-site or in close proximity to the impacted area. Mitigation plans must be approved in writing by the DWQ prior to construction. 11. The applicant must receive written approval from the DWQ based on the submittal of the "General" Major Variance Application Form acknowledging that these conditions have been met before any impacts occur to the riparian buffer. 12. The applicant must contact the appropriate District office of the N.C. Division of Coastal Management or Local Permitting Officer for any current requirements for CAMA Major, Minor or General Permits. In addition, the applicant must file (if needed) an application with the Local Health Department for an on-site wastewater system prior to any site construction. The Improvement Permit and the Construction Authorization is required to be issued prior to any other building or construction permit [Ref. G.S. 130A-3381. Signed: a ti" Y. J Dr. Charles H. Peterson, Chair Water Quality Committee NC Environmental Management Commission Effective Date: /0 ?? a Ob