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HomeMy WebLinkAbout20030551 Ver 1_COMPLETE FILE_20030506wATF9 000- QG Michael F. Easley Governor , William G. Ross, Jr., Secretary Department of Environment and Natural Resources rlkiw- Alan W. Klimek, PE, Director buloo, Division of Water Quality May 6, 2003 DWQ Project # 03-0551 Pamlico County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Steve Lavallee 78 Depot Hill Road Cobalt, CT 06414 Subject Property: Lot 12, Ball Creek SD, Quail Road, Merritt, NC 28566 Ball Creek [03-04-13; 27-150-20; SA 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. Lavallee: You have our approval, in accordance with the conditions listed below, to impact 1,670 square feet (ft2) of Zone 2 (only) of the protected riparian buffers for the purpose of constructing a single family residence on the subject property as described within your application dated April 15, 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 it 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: 1. No Impacts to Zone 1 No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities designated as "exempt" within 15A NCAC 02B .0233), unless otherwise approved by the DWQ. 2. 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. 3. 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. 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 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 Qyality under the Neuse River Riparian Buffer Protection Rules (15A NCAC 2B .0233 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Ms. Tom Steffens at 252-946-6481 if you have any questions or require copies of our rules or procedural materials. Sincerely, 0 ? /Z-I- Alan W. Klimek, P.E. Director, DWQ Attachments: Coastal General Variance Certificate of Completion cc: Carolyn Bellis, Tidewater Real Estate, PO Box 340, Oriental, NC 28571 Tom Steffens, DWQ Washington Regional Office Tracey Wheeler, DCM Morehead City District Office, 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC 28557 File copy Central Files DWQ Project No. 03-0551 May 6, 2003 bz May 06 03 02:35p Coastal Dream Builders VAA OFFICE USE ONLY: Date Received Yzb 2w/E State of North Carolina MAY 0 6 2003 Department of Environment and Natural Resources Division of Water Quality CATER QUALITY SECTION 44 d CO) Variance Request Form - for Minor Variances Protection and Maintenance of Riparian Areas Rules NOTE., This form may be photocopied for use as an or/ginal. Please identify which Riparian Area (Buffer) Protection Rule doplies. ss 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 026 .0259) o Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B.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): - 2. Print Owner/Signing Name: Title: _ Street address: _ City, State, Zip: Telephone: Fax: L 252-249-2305 3. Contact person who ca answer questions about the proposed project: Name: V0 I IV 1 % Telephone: 3 ) ---- Fax; Email: _[ ?t [!ham l &U ?cbu 4. Project Name (Subdivision, facility, or establishment name -consistent with project name on plans, speciflca' ns, letters, operation and maintenance agreements, etc.): 6M :Y, suilodillsWig __ responsible for the and its compliance) p.l Version 2; November 2002 May 06 03 02:35p Coastal Dream Builders 252-249-2305 p.2 5. Project Location: Street address: City, State, Zip: County. Latitudellongitude: 6. Directions to site from nearest major intersection (Also, attach an 8 %2 x 11 copy of the USGS topographic f a Indicating the location of the site - IQ E) 5 FQ ±C2_,`& FiS ) tYld Y?C Q ?' -1- 8' 1441 C2S a 12-0 7. Stream to be Impacted by the proposed activity: Stream namfar u?ni ,st!amJ)abel as "UT" to the nearest named stream): Stream classification [as Identified within the Schedule of Classifications 15A NCAC 26 .0315 (Neuse) or.0316 (Tar-Pamlico)]: AL-t4Gdg? G _ 7 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 I 401 Cerdfication/404 Permit - 191q ?1 On-site Wastewater Permit nGU>ra i, NPOES 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 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 2. State reasons why this plan for the proposed activity cannot be practically accomplished, reOuced or reconfigured to better minimize or eliminate disturbance tq jhe riparian buffers: VIA. Variance Request Form, page 2 Version 2: November 2000 May 06 03 02:35p Coastal Dream Builders 252-249-2305 p.3 3, Description of any best management practices to be used to control Impacts associated with the proposed activlty (i.e., control of runoff from impervious surfaces to provide diffuse flow. 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this (3) If economic hardship is the major consideration, then include a specific explanation of the eeon?Vthardship sand the proportion of the hardship,to tie 99tire 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 stermwater 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 Mailing address: City, State, Zip: Telephone: Fax: Email: Part 5: Applicant's Certification 16) Variance Request Form, page 3 Version 2: November 2000 (2) Now these difficulties or hardships result from conditions that are uniaue to the nrooarty May 06 03 02:35p Coastal Dream Builders 252-249-2305 p.4 1, Sk-ti e U-V a I Lee_ (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: Variance Request Form, page 4 Version 2: November 2000 May 06 03 02:36p Coastal Dream Builders TopoGone -The Web's'lbpographic Map in ooZone.com Get a Map Place, name search Decimal degrees Degjrnln/sec UTM coords Download Maps TopoFactOryLoain About Toporacto_yr Specif catl_Qns TopoFactory_Store How to... Put topo_maps.an your Web site Get digital data L,Ink to -U5 What's New? Get the TopoTlrn Press relgases New @ TopoZone Awards Help Maptlps Topo_map_symbols FAQ SUDDOrt Privacy policy A_bqu__t us Upp 4? lq#4,rrl ? n Mtge t of t Target is 35.15460N, 76.6420°W - VANDEMERE quad [Quad-Info ] Click here to download_a custom topographic map with TopvFct The TopoZone is produced by Maps a la carte, Inc. - ® 2000 Maps a la carte, Inc. - All rights reserved. Use of this site Is governed t and Terms of Use. We care about your privacy - please consult our Privacy Statement for details. 252-249-2305 p.5 http://www.topozone.com/map.asp?z=18&n=3891219&e=350439&u=1 4/17/03 moss I ? I , . l Coordinates (NAD27): r UTM ro DD.DDDD r D/M/S F Show target Email this map I Bookmark this reap] Print this map. May 06 03 02:36p p„.?, , t=11'97 fc,lt : 4'' Coastal Dream Builders 252-249-2305 p.6 -- i r ' mailbox:///Cl/W INNT/Profiles/bob_zarzecki/Application%20Data/Mo... Subject: Lot 12 Bay Creek SD Lavallee From: Bob Zarzecki <bob.zarzecki@ncmail.net> Date: Tue, 06 May 2003 16:12:10 -0400 To: "Tom Steffens (WaRO)" <Torn.Steffens@ncmail.net> Tom: I'm approving this variance request 1,670 sf Zone 2 only. The woman said that she sent you a copy mid April after trying to mail us a copy earlier. She faxed me a copy today. I reviewed it and it looks fine. I'll send you a copy of the approval. Don't bother sending us your original if you intended to. Just wanted to give you a heads up. You gave me one during the stream class that I gave to Mike to enter into the database. It doesn't appear to be this one. - Bob I of 1 5/6/03 4:12 PM ¦ Complete items 1, Z and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the rrrailpiece, or on the front N space permits. 1. Article Addressed to: 15 5 U L L teve Lavallee 8 Depot Hill Road ,obalt, CT 06414 )WQ# 03-0551 -Pamlico A X B. Received by (Printed Name) Agent C. Date of Deliver 5'3-03 D. Is ddvery address dilfaw from item 1? U Yes If YES, enter delivery address below: ? No 3. Service Type Ecertirred Mel! E3 I?pvss Mar O Registered UrRelum Receipt for Mwdmdis 13 Inwned Mar ? C.O.D. 4. Restricted Dervery? Pdre Fee) 0 Yes 2. Article Number 7002 3150 0004 9 315 3162 (rransler Lnm service kg" ?S Form 3811, August2ool Domestic Relum Receipt 14A-15 UNITED STATES POSTAL SERVICE First-Class Mail Postage & 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 Wetlands/401 Certification Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604