20040696 Ver 1_COMPLETE FILE_20040427

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Mlcnael 1"". t:.asley, Governor

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 7, 2004

OWQ # 04-0696
Pamlico County
Page 1 of 2

Warren Gulko
5332 Sun Coast Drive
Wilmington, NC 28411-6512

Lot # 1, Gwaltney Subdivision, 639 Mills Rd., Oriental, NC 28571
Tar Creek [03-04-10, 27-141-4, SA HQW (high quality) NSW (nutrient sensitive)]

APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B .0233(9)(b)]

Subject Property:

Dear Mr. Gulko:

You have our approval, in accordance with the conditions listed below, to impact approximately 1,273 square feet (ff) of
Zone 2 of the protected buffers to construct the proposed house at the subject property as described within your variance
request dated March 30, 2004 and received by the Division of Water Quality (DWQ) Wetlands/401 Unit on April 27, 2004.
This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this
approval, you should obtain or otherwise cOlT)ply with any other required federal, state or local permits before you go
ahead with your project including (but not Iim1ted 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:

1. No Zone 1 Impacts - No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) 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 1,909
square feet as required under this variance and 15A NCAC 2B .0233. The DWQ has determined that you may
satisfy this mitigation requirement by planting at least 14 native woody trees and 28 shrubs within the retained
portions of the protected buffers. You must ensure their survival for a 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 1,909 square feet of mitigation as allowed under 15A NCAC 02B .0242. 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 .0233(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.nc.us/ncwetlands/

Warren Gulko
Page 2 of 2
May 7, 2004

certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NG, 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 .0233 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 Neuse River Riparian Buffer Protection Rules
[15A NCAC 2B .0233(9)(b)]. Please call Mr. Bob Zarzecki at [phone] if you have any questions or require copies
of our rules or procedural materials.

Sincerely,

Klimek: PE, (~
'ecto,DWQ (j ,

cc: Nick Santoro, 36 Old Lupton Road, Merritt, NC 2 5
Tom Steffens, DWQ Washington Regional Office
DCM Morehead City District Office
File copy
Central Files

DWQ04696
May 7, 2004

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()40696.

Request # I

RECEIVED
APR - 2 2004

'I OFFI~E USE ONLY: Date Received

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State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality

. DWQ~WARO
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules

NOTE: This form may be photocopied for use as an original.

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Please identify which Ripar,ian Area Protection Rule applies.

~ Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)

CJ Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC .0259)

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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):
Mr R Mr~ W:=lrr""TI ~1l1kn

APR 2 7 2004
WATER QUALITY SECTION

2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Nilrren G'llko
Title: Owner
Street address: 5 ~ ~? Slln ~O;:H::t Dr.
City,State,Zip: Wilmington, NC 28411-6512
Telephone: 19.1..o....) ~ q 5 - 0254
Fax: L-..}

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3. Contact person who can answer questions about the proposed project:

Name: N5CJC ~~~;~~~
Telephone: ~ 249-1000 nnmp (?5?O ?4q-OR2~
Fax: f2.s.2...) 7;119- 101 i:i
Email: 9" TIn"" 1 t-@I"'n;::! ~ t-;:) 1 n pt, . !:om

4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot #1 Gwaltney Subdivision .

5. Project Location:
Street address:
City, State, Zip:
County:
Version 1: February 2000

639 Mill'i "QCJ.
Orientill. ~C 78571
P;::!m1;('o

Latitudellongitude: ~T ':I 1:\ () 1:\ ? 1:\ 1:\

W 7F. ~7.F.l)F.

6. Directions to site from nearest major intersection (Also, attach an 8 'Y2 x 11 copy of the USGS
topographic map indicating the location of the site):
~+rai~~t ~n ~~~ 1~?1) ~n Pamlico Rd. (SR 1320) TO Orchard
Cr~~~ ~~ (S~ 1':117) ~n Mi11R Rd. Make Riqht at "T" to lot.

7. Streamtobeimpactedbytheproposedactivity:N.T (man made d;i.tches)
Stream name (for unnamed streams label as "Ur to the nearest named stream):
nF'::l r' 'T'r1 r ~rF'pk'r
Stream classification [as identified within the Schedule of Classifications 15A NCAC 26.0315
(Neuse) or .0316 (Tar-Pamlico)]: ~llr-F::lrF' wrlt.pr not shown on Soils Map or USGS map

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8. Which of the following permits/approvals will be required or have been received already for
this project?

Required: Received: Date received:
-X...- ---.::.Jt./; /~, 1:;- -1..QL11 /90

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4,L9-+-& 1/04

Permit Type:
CAMA~~ General
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
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.)

1. Description of proposed activity [Also, please attach a map of sufficient detail (such asa 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 fe.:
_lhe,prq;lsed activity will be to brinq in fi.l1rrrate:cia:Land construct a 4O'xOO' residence
t.Mt': willP.l'1r.T'f'l:'lm fi?4.5 sq. ft. in Zore II rn the f\brth side of the prqJeIty am an
additional 747.9 sq.ft. rn the south side of the lots far a totailof 1272.4 sq. ft.

2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate distl,lrbance to the riparian buffers: .
'T'~i~ 1nt iR pffectivelv a peninsula created by man made mosqUIto
ron~rnl ditches duq prior to the adoption of the Neuse RIver
Ruffer Rules. The 50 ft. buffer from coastal vegetqtIon almos~ . .
touch in the middle of this lot virtually elImInatIng the pOSSIbIlIty
of siting a home on this two acre 1ot.
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (Le., control of runoff from impervious surfaces to provide diffuse flow I
re-planting vegetation or enhancement of existing vegetation, etc.):
~r::l~~F'~ r1nn green ground cover will be planted after home constructior
to ~nrnllrrlgF' "Rneet flow" water dispersion.

Variance Request Form, page 2
Version 1: February 2000

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4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
The strict application of the Neuse River Buffer Rules would

preclude the uoe of thiG tlrO acre lot for rC6idcntial purposes
~Ad would deprive the OURer of ita value..

(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
This lot. w~~ ~rp~t.!">n in lqR7 ~nn n~R ~ nppn rPRrri~rinn rn~t
prohjbit.~ builning wit.'hin 01:)' nf t.np w~t.pra 'T'np NPllRP Rivpr Buffer Ru
that require~ ~ 1:)0' ~et b;::II""1<' from C""o~Rt.~l v!">gpt.~tinn pliminates
the possibilit.y of ~ nom!"> loC""~t.ionon t.ni~ lot nup tn irR .
pensula configuration.
(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.
This lot is currently beinq market for sale due to the severe
health problems of its.owner. A contract for the sale of this
lot was beina neaotiated at a price of $160,000. This offer was
withdrawn bv the Buyer out of concern for the impact on the property
of the Buffer Rules. Mr. Gulko has been deprived of the ability
to sell his property due to these rules.
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 easem~nts 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:

NiC""1<' S~nt.oro
~o ()l n T.upt.on Rn a
Merrit.t. NC 28556
[phone]
[phone]
[e-mail]

Part 5: Applicant's Certification

I, Wa rren Gu 1 ko (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 accor n with Part 5 of t i fo m will be recorded with all required permit
conditions. / /
Signature:
Date:
Title:

Variance Request Form, page 3
Version 1: February 2000

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, Line Table For CAM!
Line Table For
... delineation boundary Property Boundary
Line Bearing Distance LEGEND:
10 S 31024'09"E 16.48' Line Bearing IPS......................................IRON PIPE SET
11 S 88048'51"[ 33.19' Distance IPF......................................IRON PIPE FOUND
12 N W05'05"E 19.43' I S 61038'19"E 21.08' DB. ...................................DEED BOOK
13 N 85005'08"[ 15.01' 2 S 19OO5'52"E 42.60' PG. ...................................P AGE
PP ...................................PO\VER POLE
14 S 61OO9'13"E 26.55' 3 S 0045'51"E 36.08' R1W ..................................RlGHT OF WAY
IS S 89018'05"E 33.54' 4 S 36021'53''W 35.00' CMS .................................CONCRETE MONUMENT SET
16 S 1028'I1''W 14.42' 5 S 43019'12''W 46.55' CMF ..................................CONCRETE MONUMENT FOUND
II S W34'59''W 30.38' 6 S W49'08''W 29.81' x-x-x--x- FENCELINE
18 S 63034'20''W 21.31' 1 S 68025'31"W 31.94'
19 N 88005'22"W 14.63' 8 S 19002'19"[ 1l.61'
20 S 12030'52''W 31.64' 9 N W45'40''W 42.13'
21 S 24012'41''W 18.00'
22 S 820 1l'53''W . 22.55'
23 N 88OO2'49''W 16.11' encroachment into
24 S 35029'28''W 16.89'
25 N 18028'02''W 21.11' zone 2: 524.5 sq. ft.

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Note: This Survey does not represent a survey of the perimeter boundaries
of this tract of land. Information reported on boundary lines was taken from
plat cabinet A, Slide 41-10. l partial boundary survey to the eltent necessary
to accurately plat the cm delineation bomdary was undertaken.

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Dewnnis Fornes &: lccociates, Professional Land Surveying, P.O. BOl 12947, New Bern, N.C. 28561 Telephone: [phone]

Survey of CAMll Regulatory Boundary
& Mapping of Neuse River Riparian Buffer
Lot One, Division of Gwaltney Lands
Plat Cabinet A., Slide 41-10
Township Number Two, Pamlico County, N.C.
Scale: 1" = 60' March 29, 2004

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Graphic Scale