20031283 Ver 1_COMPLETE FILE_20031014

F W Ar? ivncnaai r. casiny, 1_7wn111U1
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o 6 William G. Ross Jr., Secretary
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North Carolina Department o
r Alan W. Klimek, P. E. Director
-i Division of Water Quality

Coleen H. Sullins, Deputy Director
Division of Water Quality
December 8, 2003
DWQ # 03-1283
Craven County
Page 1 of 2
Mr. Daniel G. Peters
126 Dory Court
Havelock, NC 28532
Subject Property: Peter's Pool, 126 Dory Court, Havelock, NC 28532
Neuse River [03-04-10, 27-118, SA HQW (High Quality Water) NSW (Nutrient Sensitive Water)]
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0233(9)(b)]
Dear Mr. Peters:
You have our approval, in accordance with the conditions listed below, to impact approximately 100 square feet (ft2 ) (or
0.002 acres) of Zone 2 of the protected buffers to construct a pool at the subject property as described within your
variance request dated October 6, 2003 and received by the Division of Water Quality (DWQ) Wetlands Unit on October
14, 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 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 26 .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 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 150 square feet as required under this approval. The
DWQ has determined that you may satisfy this mitigation requirement by planting at least four (4) native woody
trees or shrubs 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 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.
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 new piping of stormwater through the buffer to the river is allowed. All impervious
surfaces from the pool shall drain to vegetated areas outside of the buffer.
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/ncwetiands/
Daniel G. Peters
Page 2 of 2
December 8, 2003
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 certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 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,
cc: Tom Steffens, DWQ Washington Regional
File copy
Central Files
I
Klime , PE,
r tor, DWQ
Offi
DW O031283
December 8, 2003
bz
OFFICE USE ONLY: Date Received Request #
RECEIVED
State of North Carolina
Department of Environment and Natural Resources OCT - 7 2003
Division of Water Quality
DWQ-WARD
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
? Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B.0259)
? 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. A icant's name (the corpor ion, individual, etc. who owns the property):
2. Print Owner/Signing icial (person legall resp 'ble for the property and its compliance)
Name:
Title:
Street address:
City, State, zip:
2 _ ae ?-
GROUP
??
??
d ?
Telephone: _ -
-
- --- -
Fax: T -2003
3. Contact person who c answer questions about 1he roposed project: WATER QUar ySECTI
Name:
?
'
?'
ON
?
Z
i t,_
,e -------- -
Telephone: X2.30
Fax: 3230 ------ -- -
-----------------------
Email: --------
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans. specifications, letters, operation and maintenance agreements, etc.):
Version 2: November 2002
5. Project Location: A
Street address: 7
City, State, Zip:
County: 00
Latitude/longitude: _14
6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the USGS
topographic map indicating the location of the site):
Y- it/G 2:W116_ __Al OX
?1.?. 3_D_? _T_??N ??Y..___ ?Csl ?cL.s< r___ "e4d_ 4 01-51- d .. G?•?T
__D_?1 __,SEl/??1 S?,?q,S ___Z?____?Nl_?.Y _GJ_r??2T_? 4?E_r_'7__"---Qc?_ ---+?-}J?2-Y_-------.
.SS4c
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: ....... .... ....
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
404u.ro 4Q4 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.)
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 ft2.]:
MOP - ?L- .ik?_
?,,C?__!c°.W-P lL 6,532,1 Z-°c-._ ?9!?i? ---,DG'•?__1.Pi_C_g _..d!!%._?4r?4cvsr>
ArNTIn __??D_ J'?_?•?D__ 3? ' ,r_d_A.c?r .----ev>c__Ld_4._ f? 2
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:
.94A0,?f 7 . rL_C.o_/_4L-?VDj'_
__?P?-.?'?!?? _? _?!r__?,y?•y?2? _ iwoi?ce?.A_?rto_----A?r ._/?er??i?cr_ __-- _.
MFYOA ,4 7W-0 236 i4/ .zeu _.&Sa
41,144 4/67' 1044101V /HOG AIMP a /w/ 'CA9WAe1 ' ".eeO
Variance Request Form, page 2
Version 2: November 2000
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.): 10
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
7?!/Se-_ AEd?07C7- CAAtAOrE -,?y/t__T.____7'/_?_%S _ 9f_?0 _Z2 T%v !Pf.Q_Gi?` _.??!---,?/4_dSE._.?.___7_a? --,.1't? _%fd~'C_
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
4I o dUL /f 0_ __!S ?JCra? 0W- I!`>A
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(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.
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: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
1, ?q,?if..?_ ?• /'??.QJ_ ____________________ (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 a ance withPart 5 of this form will be recorded with all required permit
conditions.
Signature: --
Date:
Title: _ --
Variance Request Form, page 4
Version 2: November 2000
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