20030380 Ver 1_COMPLETE FILE_20030331

V'
DW Q # 03-0380 t?` 7
Beaufort County
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Subject Property: Michael Henries Project, Royal Hwy & Bay City Road,
Beaufort, NC
South Creek [03-03-07, 29-28- (4), SC NSW (Nutrient
Sensitive)]
To Whom It May Concern:
I am writing this letter to notify you as of March 10, 2004 I have met the
conditions of my minor variance. As required I have also planted eight Cypress
trees and will keep them alive for five years.
Thank you,
Tr?4dt.xi) A -
Michael Henries
O?O? WA T ?RQG
r
April 4, 2003
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
DWO # 03-0380
Beaufort County
Page 1 of 2
Etles Henries
P.O. Box 96
Aurora, NC 27806
Subject Property: Michael Henries Project, Royal Hwy & Bay City Road, Beaufort, NC
South Creek [03-03-07, 29-28-(4), SC NSW (Nutrient Sensitive)]
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0233(9)(b)]
Dear M. Etles Henries:
You have our approval, in accordance with the conditions listed below, to impact approximately 720 square feet (ft2 ) of
Zone 2 of the protected buffers to construct a 24' x 30' pole buildi6g for the grading and storage of live Jimmy crabs at the
subject property as described within your variance request dated March 20, 2003 and received by the Division of Water
Quality (DWQ) Wetlands/401 Unit on March 31, 2003. 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 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, Non-discharge and CAMA.
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 are 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.
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). No direct discharge of stormwater or piping through
the buffer is allowed.
4. Buffer Mitigation / Additional Plantings - 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
1,080 square feet as required under this variance approval.
The DWQ has determined that you may satisfy this mitigation requirement by planting at least eight (8)
native woody trees within the retained portions of the protected buffers. You must ensure their survival
for a period of a 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 and shrubs 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 planting the required trees as described above is not feasible, then you may choose to propose a
payment into the Riparian Buffer Restoration Fund administered by the Wetlands Restoration Program as
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), hftp://h2o.enr.state.nc.us/ncwetlands/
Page 2 of
per 15A NCAC 02B .0242(7) to satisfy the required mitigation area of 1,080 square feet. If you choose t
make this payment in lieu of the plantings, then send a written request (not payment) to the Wetlands/4C
Unit and copy the Washington Regional Office.
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 Carolin
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 [phone] if you have any questions or require copies
of our rules or procedural materials.
Sincerely,
. imek, ,
ire or, WQ
I
cc: Tom Steffens, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
Terry Moore, DCM Washington District Office
File copy
Central Files
DWQ 0303E
April 4, 20(
bz
OFFICE USE ONLY: Date Received
Request #
• i i-nl.uv 14U I LIMUUr
State of North Carolina t..
Department of Environment and Natural Resources MAR 3 1 M03
Division of Water Quality Mhi? ?. Q 2QQ3
WATER QUALITY SECTION ?,
Variance Request Form - for Minor Varian 400
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
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)
poll 1. Geae al IIIwri-natw11
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
2.
3.
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: C\?S cw\y-5 --- -
Title:
Street address:
City, State, Zip:
Telephone:
Fax: (_)
Contact person who can answer questions about the proposed project:
Name: M &N"\ 1aa?c "
Telephone: fit) 3?? - U aft _- _
Fax:
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
5. Project Location:
Street address: ?Ss ? '1?coec? - y.csa_c:?"\,.
City, State, Zip:
County: -?
Version 1: February 2000
Latitude/longitude: 171 9Q- 4q" N 7G...1 46 17 A9 `? t,\/
6. Directions to site from nearest major intersection (Also, attach an 8 Mix 11 copy of the USGS
topographic map indicating the location of the site): n
\c,y..) .^4?c, -NrN'"?? \` 11XC,\ \AA.1.1 fi
7. Stream to be impacted by the proposed activity: So v TH CR sF ?-
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of lassifcations 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]: ' A;Z 311V-0 3
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
NPDES Permit (including stormwater)
_ Non-discharge Permit
Water Supply Watershed Variance
^4 _ 'Others (specify) o c- P/'LS. 10741 e Al I Ile
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 buffer impact in W.:

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:
?. G?o•C:hmQc??S -. -
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.):

Variance Request Form, page 2
Version 1: February 2000
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
S2fD cck n' - (1Mr1 C1-\- 5
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
(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.
?p _ C??r-C1(` hM0 C1? S
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: A plicant's Certification
1, E r/' F-75 /V V e ` (print or type name of person listed
in Pa I, Item 2), certi y 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 rm will be recorded with all required permit
conditions.
Signature:
Date: 9
Title:
Variance Request Form, page 3
Version 1: February 2000
CAPT. MIKE'S SEAFOOD
252 SOUTH 7 rH ST.
AURORA, N.C. 27806
[phone]
ATTACHMENT TO PART 2: PROPOSED ACTIVITY
1. The proposed activity for this land will be the construction of a 24' x 30' pole building for the
grading and storage of live Jimmy crabs. There will be a scale, grading table and knock down cooler
in the proposed building. This building will be 720 sq. ft. There is also a 150' bulkhead already on
site at which I would like to dock several boats.
2. Because of its unique shape and purpose and because of the distance between the boats and the
building, I believe it is impractical to build out of zone 2. The distance between the boats and the
building would be over 100 feet.
3. The best management plans are:
A. I have already planted grass seed to promote a good vegetation barrier and will
continue to maintain this vegetation in the future.
B. I will also place gutters on this building and redirect & defuse rainwater away
from the creek.
4. Explanations:
The practical difficulty of moving out of zone 2 is the carrying of 100 lb. barrels of
crabs and crab pots the 100 feet from the boats to the building for grading.
2. Once again, I think because of the unique shape and location of this property, the fact that it
has marsh on one side and a man made canal on the other and it is high land, will directly
impact the requested use of this land.
Although economic hardships may not be a major consideration at this time, we
have put a significant amount of time and money into this project already. Please
consider the fact that this land used to be a trash dump and hog pen. We disposed
of two ten-wheeler loads of tires, numerous tons of trash, then leveled and
revegitated the hog pen. We have improved the value and ecological impact of
this land including reducing significant amounts of nutrient run off.
In summary, I hope to use this land by this summer and I have all the necessary clearances except those
required by your department. I would appreciate your quick response so that I may begin using the property.
I am enclosing several maps and hope that I have answered all of your questions satisfactorily. If there is
anything else you need, please call me. I will assist you in any way possible.
Respectfully submitted

Michael Henries
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BEAUFORT COUNTY
LAND RECORDS
GEOGRAPHIC INFORMATION
1971
TR, 2 r03)5734
(3.2 3 A)
4110
5851

(2
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1 In = 99.42 feet Parcel: 6566-57-1821
Date: 08/10/98
THIS MAP IS PREPARED FROM RECORDED DEEDS,
PLATS AND OTHER PUBLIC RECORDS DATA. USERS OF
THIS MAP ARE HEREBY NOTIFIED THAT THE AFOR-
MENTIONED PUBLIC PRIMARY INFORMATION SOURCES
SHOULD BE CONSULTED FOR VERIFICATION OF THE
INFORMATION CONTAINED ON THIS MAP. THE COUNTY
ASSUMES NO LEGAL RESPONSIBILITY FOR THE INFOR-
MATION CONTAINED ON THIS MAP.
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BEAUFORT COUNTY
LAND RECORDS
GEOGRAPHIC INFORMATION
(3.23A)
4110
5851
(2
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1 In = 99.42 feet Parcel: 6566-57-1821
Date: 08/10/98
THIS MAP IS PREPARED FROM RECORDED DEEDS,
PLATS AND OTHER PUBLIC RECORDS DATA. USERS OF
THIS MAP ARE HEREBY NOTIFIED THAT THE AFOR-
MENTIONED PUBLIC PRIMARY INFORMATION SOURCES
SHOULD BE CONSULTED FOR VERIFICATION OF THE
INFORMATION CONTAINED ON THIS MAP. THE COUNTY
ASSUMES NO LEGAL RESPONSIBILITY FOR THE INFOR-
MATION CONTAINED ON THIS MAP.
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Name: AURORA Location: 035° 17' 13.5" N 076° 46'04.7" W
Date: 3/14/103 Caption: Michael Henries Project
Scale: 1 inch equals 800 feet Royal, NC
Beaufort County
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