20030549 Ver 1_Major Variance_20030505

ENVIIIIINMEN9'AL
PROFESSIONALS
INC
Pl.ANNlNG 1 OR
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FNVIKONMFN I
April 30, 2003
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North Carolina Division of Water Quality
Attn: Mr. Bob Zarzecki
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Lot F - J. Blount-Bryant Heirs Tract
Ocracoke, Hyde County, North Carolina
Major Variance Request
Dear Mr. Zarzecki,
000n?
K.A
G4a.9
WETLANDS 1401 GROUP
MAY o e5
WATER QUALITY SECTION
Enclosed is the completed Major Variance application and plats for Mr. Earl Younce for approval to
construct a single-family dwelling and pretreatment sewage disposal system within the 50 foot Tar-Pamlico
buffer setback. The wetland alignment was established by Environmental Professionals, Inc. and
confirmed by the U.S. Army Corps of Engineers on May 8, 1998 (see attached Notification of
Jurisdictional Determination). The property was subdivided into numerous lots, including Lot F and was
recorded April 15, 1999. The attached plat depicts the location of the Corps' jurisdictional wetlands,
which corresponds with the Division of Coastal Management's coastal wetland alignment. This site is
buildable without wetland impacts, except that need for access across South Gut Canal. However, strict
application of the Tar-Pamlico Buffer Rules would prevent Mr. Younce from building a home on the
property, as indicated on the attached plat. An on-site wastewater system is proposed for the site using a
Puraflo Bio Filter Bord Na Mona, Type A wastewater system.
Proposed impacts to Zone 1 are limited to 3,644 square feet within the footprint of the dwelling and
driveway. Mr. Younce is prepared to submit a $0.96 per square foot (3:1 ratio on a square foot basis) as
compensatory mitigation to the North Carolina Wetland Restoration Program for impacts to Zone 1.
We appreciate your review and consideration of this request.
Sincerely,
Environmental Professionals, Inc.
dg?U1eoaodJCZEP PWS
GIIW:kac
Attachments: a/s
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 • 2 52-441 -0239
FAX: [phone] EMAIL: [e-mail]
OFFICE USE ONLY: Date Received _ , ._____.___.__ Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality

Variance Request Form
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
NOTE: This form may be photocopied for use as an original.
Part 1: General Information
1. Applicant's name (the corporation, individual, etc. who owns the project):
Earl Younce
2. Print Owner/Signing Official (person legally responsible for the facility and its compliance)
Name: Earl Younce
Title: Owner
Street address: P.O. Box 7
City, State, Zip: Avon NC 27915
Telephone: ( 252) 995-4123_
Fax: [phone]
3. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
?__ Lot F Bryant Heirs Subdivision
4. Location of Facility
Street address: N/A
City, State, Zip: __..Ocracoke North Carolina 27960
County: __ --- Hyde
Latitude/longitude: --Geodetic 388503 041004
5. Directions to facility from nearest major intersection (Also attach a map):
from NC 12 towards Ocracoke, (town, area) take a left can Poi,nt..Road.._S R. #1326
to the 20 foot?rivate ROW after Odd Fellows Road _
6. Contact person who can answer questions about the facility:
Name: George Wood
Telephone: (252.) 44.1_-0.239
Fax: [phone]
Email: environmentalpro(d)earthlink. net
7. Requested Environmental Management Commission Hearing Date: July 9, 2003
Version 1: September 1998
Jr
Part 2: Demonstration of Need for a Variance
NOTE: The variance provision of the Neuse Riparian Area Rule allows the Environmental Management
Commission to grant a variance to an affected party when the following conditions apply on a given project:
(a) practical difficulties or hardships would result from strict application of the rule:
(b) such difficulties or hardships result from conditios which are peculiar to the property involved; and
(c) the general purpose and intent of the Rule would be preserved, water quality would be protected and
substantial justice would be done if the variance were granted.
This part of the application is to explain how the project meets criteria (a) and (b).
Attach a detailed description (2-3 pages) explaining the following:
• The practical difficulties or hardships that would result from strict application of the Rule.
• How these difficulties or hardships result from conditions that are unique to the property
involved.
• Why reconfiguring and/or reducing the built-upon area to preserve a greater portion of the
riparian area is not feasible on this project. If economic hardship is the major
consideration, then include a specific explanation of the economic hardship and the
proportion of the hardship to the entire value of the project.
Part 3: Water Quality Protection
NOTE: This part of the application is to explain how the project meets criterion (c): the general purpose and
intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if
the variance were granted.
Briefly summarize how water quality will be protected on this project. Also attach a detailed
narrative (1-2 pages) describing the nonstructural and structural measures that will be used
for protecting water quality and reducing nitrogen inputs to surface water.
The impacts to Zone 1 have been minimized by proposing to install a pretreatment sewage
disposal system and construction of a small residential structure (2 bedrooms). All
stormwater will be diverted away from South Gut Canal byguttering to the area, which will
remain naturally vegetated, constituting an established vegetative filter. No wetland impacts
are required for this development except for the proposed bridge across South Gut Canal for
access. The sewage improvements will be more than 50' from the canal.
2. What is the total project area in acres? ____ 5.76 acres
3. Which of the following permits/approvals will be required for this project?
CAMA Major
Sediment/Erosion Control
a?_ 401 Certification/404 Permit
Variance Request Form, page 2
Version 1: September 1998
r
Part 3: Water Quality Protection, continued
4. Complete the following information for each drainage basin. If there are more than two
drainage basins in the project, attach an additional sheet with the information for each basin
provided in the same format as below.
Project Information Drainage Basin 1 Drainage Basin 2
Receiving stream name South Gut canal
Receiving stream class' SC
Drainage basin area (total) 5.76 acres
Existing impervious area3 (total) 0
Proposed impervious area3 (total) 3,948 SF
% Impervious area3 (on-site) 1.6%
% Impervious area3 (total) 1.6%
Impervious area3 Drainage basin 1 Drainage basin 2
On-site buildings 832 SF
On-site streets 2,812 SF
On-site parking under house -0-
On-site sidewalks 0
Other on-site -sewaae control 304 SF
I Off-site 1 0 1 1
r. . I •I ? ?. ? _a'_._ ?_ I_u_./A_I?_ _.__ _L_L_ .__ .._/_L____I-__/_I?L_/ _.. LL?-I
I IIG Illlalllcl JIIG /VI 11110 IIIIVIIIIaIIVII IJ Illy././/IILV. ?.III.JIUIG.IIV.uJ/JII IIIVIaJJ/UII./IICJ/I IIJ.........
2 Total means on-site plus off-site area that drains through the project.
3 Impervious area is defined as the built-upon area including, but not limited to, buildings, parking areas,
sidewalks, gravel areas, etc.
5. How was the off-site impervious area listed above derived? NIA
6. What will be the annual nitrogen load contributed by this site after development in pounds per
acre per year without structural BM Ps (stormwater pond, wetland, infiltration basin, etc)?
Attach a detailed plan for all proposed structural stormwater BMPs. N/A
Drainage Size of Post development BMP nitrogen Final nitrogen Final nitrogen
basin drainage nitrogen loading rate removal loading rate loading from
basin without BMPs' effciencl (lbs/ac/yr) drainage basin
ac bs/aCIA) bs
1
2
3
4
5
.Oak
::::::::::::::::
r+"awl t;alL U/au unJ allu /c/c/clll.c0.
5 Attach calculations and references.
Variance Request Form, page 3
Version 1: September 1998
Part 3: Water Quality Protection, continued
7. The applicable supplemental form(s) listed below must be attached for each BMP specified:
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-109 Innovative BMPs Supplement
Part 4: Submittal Checklist
A complete appplication submittal consists of the following components. Incomplete submittals
will be returned to the applicant. The complete variance request submittal must be received 90
days prior to the EMC meeting at which you wish the request to be heard. Initial below to
indicate that the necessary information has been provided.
Applicant's Item
Initials
. Original and two copies of the Variance Request Form and the attachments
listed below.
T A vicinity map of the project (see Part 1, Item 5)
• Narrative demonstration of the need for a variance (see Part 2)
<_T . A detailed narrative description of stormwater treatment/management (see Part
3, Item 1)
KT • Calculations supporting nitrogen loading estimates (see Part 3, Item 6)
KT- - • Calculations and references supporting nitrogen removal from proposed BMPs
(see Part 3, Item 6)
KT • Location and details for all proposed structural stormwater BMPs (see Part 3,
r
K- Item 6)
-----
---- - • Three copies of the applicable Supplement Form(s) for each BMP and/or
narrative for each innovative BMP (see Part 3, Item 7)
---K ---_- . Three copies of plans and specifications, including:
K-r 0 Development/Project name
__? 0 Engineer and firm
0 Legend and north arrow
K"r 0 Scale (1" = 100' or 1" = 50' is preferred)
K -r 0 Revision number & date
T 0 Mean high water line (if applicable)
_ L 0 Dimensioned property/project boundary
K_t 0 Location map with named streets or NC State Road numbers
K_T___..-_ 0 Original contours, proposed contours, spot elevations, finished floor
K r elevations
K r 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter
Kr 0 Footprint of any proposed buildings or other structures
----------?`-r -- 0 Wetlands delineated, or a note on plans that none exist
kr 0 Existing drainage (including off-site), drainage easements, pipe sizes, runoff
- - - -- calculations
- -----K r - - 0 Drainage basins delineated
kr 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Location of forest vegetation along the streams, ponds, lakes, rivers and
estuaries
Variance Request Form, page 4
Version 1: September 1998
12/20'/2092 18:43 2524410721 ENVIRONMENTAL PROFES PAGE 03
Part 5: Deed Restrictions
By your signature in Part 7 of this application, you certify that all structural stormwate
management practices required by this variance shall be located in recorded stormwi
easements, that the easements will run with the land, that the easements cannot be c
deleted without concurrence from the State, and that the easements will be recorded
sale of any lot.
Part 6: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they
Information on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address:
City, State, Zip;
Telephone:
Fax;
Email:
Part 7: Applicant's Certification
i, Mr Earl Younge (print or type name of ps
Part I, Item 2), certify that the information included an this permit application form is
the project will be constructed in conformance with the approved plans and that the
restrictions in accordance with Part & of this form will be recorded with all required I
conditions. -00
Signature: L?
Date: ??
Title:
best
nged or
or to the
provide
listed in
pct, that
Variance Request Form, page 5
Version 1; September 1098
PART 2: DEMONSTRATION OF NEED FOR VARIANCE
The lands of the Jane Blount-Bryant Heirs was considered for subdivision in 1997. As a part of that
subdivision process, the owners had the wetlands delineated at the site, which was surveyed and confirmed
by the U.S. Army Corps of Engineers on May 8, 1998. The subsequent subdivision process was recorded
on April 15, 1999. This resulted in the lots that could support sewage improvements and houses prior to
the implementation of the Tar-Pamlico Riparian Buffer Protection Rules, which took effect January 1,
2000. Because of the implementation of these Rules the ability to place structures, which would be outside
of the Tar-Pamlico buffer, became impossible on Lot F of the Jane Blount-Bryant Heirs Subdivision,
without the need to consider variances from these Buffer Rules. Ocracoke represents sites that have issues
with regards to the Tar-Pamlico Buffer Rules because of the extensive wetlands, which find their ways into
the interior of the Village of Ocracoke. Mr. Younce has undertaken a reasonable reduction in the proposed
development to avoid impacts to the Tar-Pamlico buffer area, including the implementation and use of a
pretreatment wastewater system to minimize setbacks associated with a system to service a two-bedroom
residence. The attached plat shows how Mr. Younce intends to place the septic system in the area that is
furthest away from any adjoining waters (more than 50 feet), and the house will be constructed in such a
manner to minimize encroachments into the buffer area.
PART 3: WATER QUALITY & PROTECTION
Water quality will be protected by the proposed project by the use of a pretreatment on-site wastewater
system such as a Puraflo Bio Filter Bord Na Mona, Type A wastewater system. This system allows for
reductions of setbacks required by the Laws and Rules for Sewage Treatment and Disposal Systems
because of the quality of the effluent after pretreatment. Although this system is not totally affective in
nitrogen removal, the drainfield will be set back 50 feet from adjacent surface waters. This small home
will accommodate only two bedrooms, thus reducing the dosing of the system and drainfield. The house
will be guttered and stormwater diverted to the southwest and allowed to infiltrate across an extensive
natural vegetative filter.
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ENVIRONMENTAL PROFESSIONALS, INC.
Planning for a Better Environment
2810 N. CROATAN HIGHWAY
P.O. BOX 3368
KILL DEVIL HILLS, NC 27948
[phone]
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ENVIRONMENTAL PROFESSIONALS, INC. EARL YOUN Planning fora Better Environment RS WAHAB SILVER LAKE AND _ YOUNCE
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KE AND BEACH SUBDIVISION '
2810 N. CROATAN HIGHWAY LOT F 3 8 \ 2.
7 LOT F 2 ,
P.O. BOX 3368
KILL DEVIL HILLS, NC 27948 HYDE COUNTY OCRACOKE zACOKE NORTH CAROLINA
[phone]
DATE: 1 27 03 \
[phone] (FAX) SCALE: 1"=50' DATE: DRAWN BY: RW REVIEWED BY:
_ ED BY: GW JOB 02 122
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