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
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May 06 03 02:35p
Coastal Dream Builders
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OFFICE USE ONLY: Date Received
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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
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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