20041867 Ver 1_COMPLETE FILE_20041103

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Michael F. Easley, Governor
William G Ross Jr Secretar
[tic and D. Smith & Mary A. Maxwell
109 A Clifton Road
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North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 28, 2005
DWQ Project # 04-1867
Pamlico County
Page" 1 of 2
tl ta, GA 30307
i i'ect Property: Lot 20, Horton's Landing S/D, 6111 Raccoon Run, Oriental, NC 28571
"Hogpen Gut" / UT#2 to Greens Creek [03-04-10,27-129-4, SC HQW NSW]
P roval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
2 3(9)(b)l
I.
Mr. Smith & Ms. Maxwell:
i
o have our approval, in accordance with the conditions listed, below, to impact approximately 700
u e feet (ft2) of Zone 2 of the protected buffers to construct residential dwelling and garage at the
b ect property as described within your variance request dated. October 18, 2004. This letter shall act as
? Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this
oval; you should obtain or otherwise comply with any other required federal, state or local permits
,f re you go ahead with your project including (but not limited to) Erosion and Sediment Control and
A regulations.
ii approval is for the purpose and design that you described in your application. If you change your
o ect, you must notify us and you may be required to send us a new application. If the property is
1 , the new owner(s) must be given a copy Of this variance approval and is thereby responsible for
plying with all conditions. This approval lrequires you to follow any conditions listed below.
>t Additional Conditions of the. Certificati?n are:
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.
2. Buffer Mitigation (On-site Enhancement) - You are required to mitigate for impacts to the
protected riparian uffers. The required area of mitigation to compensate for impacts to the
protected riparian ?uffers is 1,050 Squ feet as required under this approval and 15A NCAC 2B
.0233. The DWQ has determined that?ou may satisfy this mitigation requirement by planting at
least ten (10) native woody trees Withi? 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 We0ands/401 Unit and copied to the Raleigh Regional Office.
1 i
No°ehCaro ina
e ification Unit QtllCll?7Y
Center; Raleigh, North Carolina 27699-1650
1 ulevard Suite 250, Raleigh, North Carolina 27604
3=1786 / FAX [phone] / Internet: http://h2o.enr.state:nc.uiL/ncwetlands
ttlnity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Richard D. Smith & Mary A. Maxwell
Page 2 of 2
January 28, 2005
The attached Guidelines for Riparian Buffer
information.
should provide you with some useful
3. Diffuse Flow - An additional condition is that ail st rmwater 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 1,15 NCAC 2B ;0233(5).
4. Certificate of Completion - Upon completion of all
Certification or applicable Buffer Rules, and any sl
required to return the attached certificate of compl(
Division of Water Quality, 1650 Mail Service Cen
Requests for appeals of this decision shall be made to the (
not accept any of the conditions of this approval, you may ,
within 60 days of the date that you receive this letter. To a
conforms to Chapter 150B of the North Carolina General S
Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6
and binding unless you ask for a hearing. This Minor Vari
the date of this letter.
This letter completes the review of the Division of Water
Protection Rules [15A NCAC 2B .0233(9)(b)]. Please call
have any questions or require copies of our rules or proced
AWKICBK/bz
ork approved within the 401 Water Quality
Sequent modifications, the applicant is
Dn to the 401/Wetlands Unit, North Carolina
, Raleigh, NC, 27699-1650.
°ice of Administrative Hearings. If you do
k for and adjudicatory hearing. You must act
for a hearing, send a written petition which
tutes to the Office of Administrative
4. This approval and its conditions are final
ce Approval shall, expire five (5) years from
?,?ality under the Neuse River Riparian Buffer
Tom Steffens at [phone] if you
al materials.
y,
4°a
W. Klimek, P.E.
A1?
Enclosures: Certificate of Completion
Guidelines for Riparian Buffer Restoration 1
cc: Tom Steffens, DWQ Washington Regional Office
File Copy
Central Files
D'?4
I
I
,AND MARY A. MAXWELL
RECEIVED
OCT 2 1 2004
Tom Steffens
Division of Water Quality
943 Washington Square Mall
Washington, NC 27899
SUBJECT: Variance Request - Neuse River Buffer Rules
Lot 920 - 6111 Raccoon Run, Oriental, NC 28571
Dear Mr. Steffens:
DWQ-WARD
Enclosed please find a Variance Request Form for subject property.
It is our understandingthat this request should qualify for a general variance with no mitigation
'fees as the -subdivision was platted and recorded prior to October 2000. In addition, this property
fronts a paved road and has access to county water.
If needed, we would be happy to make an appointment with you to visit this site. Please do not
hesitate to contact us should you have any questions. Your prompt attention to this matter is
greatly appreciated.
i
Si'?e?relyj? N
?'tG?eu? 0 ul ,
Richard D. Smith and Mary A. Maxwell
c ti_ I
;Owners, Lot 20, Horton's•Landing Subdivision f"?7 Nov 0 3 2004
DENR - W?TE
WETIANDSAryDS'Q ?R aYCH
OFFICE USE ONLY: Date Received Request #
RECEIVE
State of North Carolina
Department of Environment and Natural Resources OCT 2 1 2004
' Division of Water Quality 041867
"General" Major Variance Application FormDWQ-WARD
From the Neuse and Tar Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
K 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)
NOTE.
To constitute a complete application, all of the information requested in this form
nrw?? nr?=Frr+vrrwvrrc,-? rr?rarvrrrFrr?sN®-wp?nreva?rvrr?cr?^?rrrr?x?vvrme?r?rr?a?^^?v^cnvRcryrr?rr?•.?wrra. r:rev
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the D,WQ 4011We11ands Certification Unit, 1650 Mail
Service Center, Ra/pigh, NC 27699-165?, 919-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
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):
- ? ?c-h0!r c?._.l? ?. Srr?-F1?...?...?.??'. y.. A.?...Ma.X.?! ?l_ ..................................._..... _...
2. Print
Nam Owner/Signing Official (person le 'ally ,respopsibl for the property and its compliance)
R'tc??tiard. -1?...r?.+...._.._.r`Car..y....A. lase.?.?l_L..
Title. ..........
__..---•---.__._.__._..---•--..._..._.._...__
Street address: bQ-A__._??.ToN_R?:...___.._._ ...................._ ...........
City, State, Zip: ATLA1JTA.tGA1..3Q. 0".f ......................._............._.._.
Telephone: ; ?f) }-3$'._0$ -- _._.... _ _........ -- _..._._.._........
Fax. t 0 %51 _ 6 5.7r_I_----____.__._..__
3. Contact person who can answer quest ns about the proposed project:
Name: j _SPM-,iS /kf3?VE.--........__..._...--.-
Telephone:
Fax: t ;
Email:
"General" Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name consistent with project name on
planst ssppe fications letters, op ratonnjjandmaintenance agreements, etc:):
.L?
5. Project Location:
Street address: - 1(f _Ra.ccOO r) Ru n
------------------------------------ ---
City, State ZiP or -#0.l ---__? -11
- ----------------------
County:
_lro?l_
Latitude/longitude: __350 1. ZZ!?? 1(? -7 I W _
6. Directions to site from nearest major intersection (Also, attach an 8 %: x 11 copy of the portion
of the USGS topographic map indicating the location of the site):
NC 1IwI. 55 to oriexl±01 •_?.I'.QS.?._I?r1d_ t_r ?hf'_??v-4o
Nam o&-) huh : I non+,nA „ 4\ In-? ? ,ten-?o?i .?v, c!?t-Pac?ecl
7. 'Stream to be impacted by the proposed activity:
Stream,game (for unnAmeq 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
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMMMajor
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
Active Connection to Sanitary Sewer System
NPDES Permit (including stormwater)
_.-__._ Non-discharge Permit
M-
Water Supply Watershed Variance
__ Others (specify).-
Part Z: Proposed Activity
(Please include attachments if the roam 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 dimen ion of any disturbance in the riparian buffers
associated with th ' activity, and the ex ant of riparian buffers on the land. Include the area
of buffer Impactn ftz.:
CQn?rI,LGf in df a srn?l';o Aw??lY-home; and. ___
__garara To?af irnnaG?G arc.Q e4 +he- `Lone, ? Free __--
_seLS.?? _K I cr_ ?ss? __ v v _!.ac--------------------------------- ----
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:
'General" Variance Appligation Form, page 2
Version 1: May 2001
i
i
?v??h_?-h? side-speGi-?? c pl??v?nt off' ?-h? hon?eThere
- - - - - - --- - - ----- - -- - - ---- - - -- - - -
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 plan Ling vegetation or enhancement of existing vegetation, etc.):
----r------------------------------------------
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. ,
-`fit 0Use, Cou(a rv`F' Le, b41f_dv1_H?
ct?r??i4ura+t7-
v? n,?,rC a llo?.c.) ?vr !? na ra4?_
(2) How!these difficulties or hardships r suit from conditions that are unique to the property
involved.
--------- --------is t
O of the
then conIf economic gmic hardsh ps a pnd theh 1proportion lof the hardship to the entree p luific
of th pen prole s
ct.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices 'I 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 bef?alf, please completel this section:
i
gnated (Individual
Mailing or firm :........_........ _._... _
g address
ity, State, Zip: - __...... --
elephone:
General" Variance Application Form, page 3
ersion 1: May 2001
Part 5: Applicants Certification
(print or type name of person
listed' in Part 1, Item 2), certify that the infor ation 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:
i
-- ------ --- ----- .....------- :.. ..._._.... . --- ..
NIC Division of Water Quality (DWQ) ?
01 Wetlands C orti ic;<ation .Unit
2321 Crabtree Blvd. (I-OcATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
(9 19) 733-9726 Whone)
3ALEIGH REGULATORY FIELD OFFICE
JS A r'ny Go rii of Engine .sa
508 Falls of then Neu; y Rc ??i, Suite !'N.) t alelgt-1, 1 a011: l f;.arc,lalra 2rfs IFi
nerfal !` mnbcr. '919) 876 64,11
ilt;:i;//vnvvV.s:: A,,tJsac army'rnltA^i' tl lfii7 ,/fF?Cati./Jr.EIt?
/VASHINGT04\l REGOLATORY FIELD OFFICE
JS Army Corp, of Enc);r1Ea rs
ost Office Dox 1000
Nay hington, Nlort? Caml n 1 278819-1000
nFrrai Idl+ {?a, r. f2521 97 E,11?
4 it° '.IIVJ+:J`?V S ,W.US a€e.rarfrl?'frnili veIlF: ads/rf {jtC)!1T.h l
tP11V1'WX'- of ln•P,r„'':tal
r3?'.-3 `d'J? :ahingtcan E?;:Eu<ar•;; f?hY!Ii
)r+/ashinglon, NC 27889
,hone : 252/946-6481
?lorehead City District Of ice
lvlsion of Coastal 11, an agegient
5;1_p Highway,?4
rl rehoai City,: NC 28557
)hone 252./,308-2803
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3eneral" Variance Application Form, page 4
ersion 1: may, 2001
Page 1 of 2
s
350 1.22N, 760 42.71'W (WGS84/NAD83)
_ USGS Oriental Quad
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