20020783 Ver 1_COMPLETE FILE_20020513

O?O? W A T ?9QG Michael F. Easley
Governor
Uj William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
July 23, 2002
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
DWQ Project #02-0780
Pamlico County
Page 1 of 2
Mr. Brian Brown
1501 Fairmont Street
Greensboro, NC 27403
Subject Property: Lot 21, Silver Acres S/D, Whortonville, NC
Broad Creek [03-04-10; 27-141; SA HOW (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. Brown:
On July 12, 2002, Division of Water Quality (DWQ) Wetlands/401 Unit and Division of Coastal Management (DCM) staff
met with you on the subject property. As a result of this meeting it was determined that the survey provided within your
original application appears not to be accurate. A field investigation revealed that it would be required to impact Zone 2 of
the protected buffers to construct a home within a 48 x 52-foot building footprint. It was also determined that the lot could
be developed without any impacts to Zone 1 of the protected buffers. In addition, the DCM flagged the boundary of the
coastal wetlands on the entire lot. The DWQ has determined that you are eligible for the use of the general variance as
described below.
You have our approval, in accordance with the conditions listed below, to impact approximately 1,040 ft2 of Zone 2 (only)
of the protected riparian buffers for the purpose of constructing the proposed single family home on the subject property
as described within your application dated May 2, 2002. 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 is only valid for the purpose and design that you described in your variance request dated May 2, 2002
with additional information provided during the July 12, 2002 site visit. 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:
No impacts shall occur to Zone 1 (i.e., 30 feet from the coastal wetland and/or surface water whichever is
more landward) of the protected buffers (except for "exempt" activities identified within 15A NCAC 213
.0233).
2. Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
as identified within 15A NCAC 2B .0259(5). Roof drainage from the house shall be directed to vegetated
areas at non-erosive velocities prior to entering the protected riparian buffers. Any additional stormwater
located on the remainder of the property shall be directed as diffuse flow at non-erosive velocities prior to
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/
entering the protected riparian buffers. No new ditching or piping of
buffers is allowed.
3. The outside boundary of Zone 1 (30 feet from the coastal wetland) s
fabric fencing (or similar clearly visible markers) for the length of the
approved to infringe within the buffer prior to and for the duration of
ensure compliance with 15A NCAC 213.0233.
4. Deed notifications or similar mechanisms shall be placed on all retain
and protective buffers in order to assure compliance for future wetlanc
mechanisms shall be put in place prior to impacting any wetlands, wa?
impact under this variance.
If you do not accept any of the conditions of this approval, you may ask for and adjudic
60 days of the date that you receive this letter. To ask for a hearing, send a written pe
150B of the North Carolina General Statutes to the Office of Administrative Hearings, I
NC 27699-6714. This approval and its conditions are final and binding unless you ask
This letter completes the review of the Division of Water Quality under the Neuse Rive
(15A NCAC 2B .0233 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Ms. DE
you have any questions or require copies of our rules or procedural materials.
Sincerely,
cc: Deborah Sawyer, DWQ Washington F
Tracey Wheeler, DCM Morehead City
File copy
Central Files
bz
Klimek, P.E.
r, DWQ
Office
Office, 151-B Hwy. 24, Hestron F
Page 2 of 2
through the protected
I be clearly marked with orange
istruction area that has been
land disturbing activities to
I jurisdictional wetlands, waters
water and buffer impact. These
rs and/or buffers approved for
story hearing. You must act within
tion that conforms to Chapter
714 Mail Service Center, Raleigh,
or a hearing.
Riparian Buffer Protection Rules
)orah Sawyer at 252-946-6481 if

II, Morehead City, NC 28557
DWQ 020780
July 2 3, 2002
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William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
May 29, 2002
DWQ # 02-0780
Pamlico County
CERTIFIED MAIL - RETURN RECEIPT REQUES
Brian Brown
1501 Fairmont Street
Greensboro, NC 27403
Dear Mr. Brown:
On May 13, 2002 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill wetlands for the purpose of constructing a residential dwelling in
Pamlico County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the
following information and refer to the DWQ # listed above in your reply. In particular as described in
15A NCAC 2B .0502, we will require you to locate all streams and ponds on the property. Please show
these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects'
compliance with 15A NCAC 2H .0500.
1. The map scale appears to be off. However, by using the bar scale it appears that the
proposed building foot print is greater than 50 ft from any coastal wetlands or surface
waters. If this is the case, then no variance will be required. If you decide to pursue your
request, then please provide additional information detailing the exact impacts to the
protected riparian buffers.
2. Please fill out Part 1: Section 8 of the PCN application.
Please telephone Bob Zarzecki at 919-733-1786 if you have any questions or would require
copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance
with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information
is received. If we do not hear from you by writing within three (3) weeks we will assume you no longer
want to pursue the project and will consider it withdrawn.
ly,
cc: Washington DWQ Regional Office
Washington Corps of Engineers
Central Files
File Copy
'1M
Dorney
r Quality C?ertifi tion Program
N?DEF R
North Carolina Division of Water Quality, Wetlands/401 Certification Unit
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
Ph: [phone], Fax: [phone], http://h2o.enr.state.nc.us/ncwetiands/
State of North Carolina U
Department of Environment and Natural Resources i
Division of Water Quality
ff ce Application Form -
"General" Major Whi
From the Neuse and Tar Pamlico Riparian Buffer Protection Rules for residentiatRrw?tR y OUP
on existing lots within the coastal counties as defined by the Coastal Area Managed !
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please Identify which Riparian Area Protection Rule applies.
pir" Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
o 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 Inlbrmation requested In this form
must be provided. Incomplete applications will be returned to the applkent. The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWO 4011Wedands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 276991650, 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):
2. print owner/Signing Of l lal person legally responsible for the property and its compliance)
Name: is . Title: MLK
Street address: G?
City, State, Zip: r
Telephone: S
Fax. ?l7 eiqy
3. Contact person who can answer questions about the proposed project:
Name:
Telephone: ( ................)
Fax: (w_._ a
"Generar Variance Application Form
Version 1: May 2001
tmaU:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lr)-t Z 1 1 U W A Gres wkwfan (le Al -r,, Po/hl-ILO Co.
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
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): _
1f
i is+ Dr6r, _&"r, f16-77E2 Thr- f-7'/-,Fr --4000C
7. Stream to be impacted by the proposed activity:
Sbwrp, 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
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
Active Connection to Sanitary Sewer System
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)
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
"General" Variance Application Form, page 2
2. State reasons WY MIS Flail lul uI" r.,luvvaCu aw,vwy L.V'l.Gi..NV-Atl' ...........r..........,
reduced or reconfigured to better minimize or eliminate disturban to the rWpa8rian b en
+
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ov ou e Rio L>a?Jas ib? ?
r ?eS dns ma Ccti,v %a1 trx.?•+??
Lv 4k !I?1 id?;0/* wovW Aavc-(m 4wlplc? 64 valve- Pv?r
3. Desa ption of any best management practices to be used to control impacts assoCi d
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetatlo , etc.): of ?,
I M r V OS& U,rPit CAS i i , ^,'s? A/p"? O e-
_ cc P A /J• 'fO T P 4-A. o&-j AA,1
-^I .... r'- 'rd
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
f-h is_ rla iyru
nn? ???Ifa aft' L4 Zi Is Lorr)e/ed bcl_mar64 AI
61)
liyt?pl?m?iY?cY•
an e4 c ;, fke, na rai eAV+ro1l4Je6-t- W4i b2
4. Please provide an explanation of the following:
(i) The practical difficulties or hardships that would result from the strict application of this
Rule.
of z-1 4L& ar
1
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t,?,hicl. cv; it?Max"t?n?e m
(3) if economic hardship is the major co-nsi ei
economic hqrdships and the proportion of the
Lion, then Include a specific explanation of the
ardship to the entire value of the project.
_/ _ ., , _ r I1 1- /_ ?I a lv?,c
value, o +,e- ppw-its +
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 stomrwater
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:
"General" Variance Application Form, page 3
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
1, & JAN R Q OW-A! (print or We 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:
NC Division of Water Quality (DWQ)
4o1 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
httpi/h2o. enr. state.ne. uslncwetiand s/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Fails of the Nauss Road, Suite 120
Raleigh, North Carolina 27615
General Number. [phone]
htip://www.saw.usaoe.army.miVwetiands/regtour.htm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number. [phone]
http:llwww.saw.usaoe.army.miVwetlands/regtour.htm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
phone: [phone]
"General" variance Application Form, page 4
_ - 7- v
-OXA 1A 84'
?r
Please note that this draft version contains edits to the version sent
in the May 3rd mailing. The changes are indicated by
and underline.
" General" MAJOR VARIANCE
From the Neuse and Tar Pamlico Riparian Bu„fer Protection Rules for residential
structures on existing lots within the coastal counties as defined by the Coastal Area
Management Act that meet the conditions stated below.
This "general" major variance from the Riparian Buffer Protection Rules in the Nmw
(15A NCAC 2B.0233) and Tar-Pamlico (15A NCAC 2B.0259) River Basins is hereby issued by
the NC Environmental Management Commission (EMC) for impacts to the protected buffers as
long as the conditions prescribed below are met.
The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ
"General" Major Variance Application Form that describes how the following conditions of this
variance will be met. If these conditions can not be met, an individual Major or Minor Variance
from the Buffer Rules may be sought from the EMC. This "General" Major Variance shall expire
on April 11, 2006 unless it is renewed before that time by the EMC.
Conditions:
1. The residential lot must be located within one of the coastal counties as
defined by the Coastal Area Management Act (CAMA).
2. Applicants must show that they have met the roquirements for a variance
as specified in the buffer rules in "VARIANCES" [15A NCAC 2B
.0233(9XaXi)-(iii) and 15A NCAC 2B .0259(9XaXi)-(iii)J for the
specific river basin where the impacts will occur.
?r. Applicants must show that the residential lot has been platted and
recorded prior to Am" 1.2000.
,
4. Construction is for residential buildings and related structures such as
garages, decks, porches, attached commercial buildings, driveways and
sheds.
5. Substantial expenditures and contractual obligations must have occurred
in good faith prior to the August 1. 2000
Substantial expenditures
and obligations must have been made in reasonable reliance upon
governmental permits and/or approvals (such as 401 Water Quality
Certifications, CAMA permits, active connection to an existing sanitary
sewer system or local septic system approvals). Supportive written
documentation must be submitted to the DWQ for review.
6. The lot must be buildable, without wetland impacts except for driveways
and/or utility crossings and any impact to the buffer shall be minimized
to the maximum extent practical.
7. When impacts to the buffer will occur, the impact should be minimized
to the greatest extent practicable as determined by DWQ staff.
8: Any on-site wastewater treatment must not be located within 50 feet of a
surface water as specified in "ZONES OF THE RIPARIAN BUFFER"
[15A NCAC 2B.0233(4) and 15A NCAC 2B.0259(4)] of flee buffer
rules. The only exceptions include any pretreatment systems meeting the
Treatment Standard 1 as found in 15A NCAC 18A. 1969 Innavadve
System Approval regulated by the NC Division of Environmental Health,
On-site Wastewater Section.
9. On site stormwater management controls must be shown on the
application and stormwater runoff must be directed away from the
adjacent surface water and/or coast wetland as determined sufficient by
DWQ staff, measures such as rain gardens, bio-retention areas,
vegetative filter strips and planting of trees or shrubs along bulkheads
and/or property lines to rmximize pollutant removal may be required as
determined by DWQ staff. If the applicant is required to obtain a
Sedimentation and Erosion Control Permit or a CAMA Major Permit,
then a Stormwater Permit may be required from the DWQ.
10. Mitigation will be required at a 1:1 ratio for impacts to Zone 1. This
mitigation can be accomplished by either (1) payment into the Riparian
Buffer Restoration Fund (administered by the DWQ Wetlands
Restoration Program), (2) planting or protection of a riparian area not
subject to the buffer rules, or (3) additional planting of a partially
buffered location on-site or in close proximity to the impacted area.
Mitigation plans must be approved in writing by the DWQ prior to
construction.
11. The applicant must receive written approval from the DWQ based on the
submittal of the "General" Mayor Variance Application Form
acknowledging that these conditions have been met before any impacts
occur to the riparian buffer.
12. The applicant must contact the appropriate District office of the N.C.
Division of Coastal Management or Local Permitting Officer for any
current requirements for CAMA Major, Minor or General Permits.
Signed:
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission
Effective Date:

tile:///Unlitle,
To All:
I have a meeting scheduled with this person to review his property for a Coastal General Variance. It
would be great for either Deborah or Tom from the WaRO to attend and someone from CAMA if possible
(Ted?). The meeting is scheduled for 1 1 am on Friday, July 12th. Let me know if you can make it.
Thanks.
- Bob
Iof I
? ? e,? S? cry w •-- ,
6/12/02 1:59 PM
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources U
Division of Water Quality 020780 u =
fty
"General" Major Variance Application Fo
From the Neuse and Tar Pamlico Riparian Buffer Protection Rules for reside?1n o .?
UP
on existing lots within the coastal counties as defined by the Coastal Area Management -S?ctr0
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
,er' 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)
..:..................::........:... >a ;r
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.tif?r'yz»
NOTE:
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant. The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 401/Wetlands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form may be photocopied fnr 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):
IAN b?,OwN
2. Print Owner/Signing Official p
Name: (?
Title: n(AA1
Street address: !TO i
City, State, Zip: Co 1^eg,41
Telephone: ( ? Fax: flk) (v) 5 Ll!
responsible for the property and its compliance)
Oaw

3. Contact person who can answer questions about the proposed project:
Name:
Telephone: (. )
Fax: (:.......,...a

"General" Variance Application Form
Version 1: May 2001
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Ur)-rt 11 e, i IUer A L4Jk0r+01)f?0 tL,0 Al -C,, Poonl-,L0 Co.
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8'/Z x 11 copy of the portion
of the USGS topographic map indicating the location of the site):
e.
7. Stream to be impacted by the proposed activity:
StreaAf,pad name (for unnamed streams label as "UT" to the nearest named stream):
C-reg.+_
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
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
Active Connection to Sanitary Sewer System
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.)
"General" Variance Application Form, page 2
QrN LEFT-
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,
reduced or reconfigured to better minim ze or eliminate disturbance to the riparian buffers:
. A 11 -I n i I „ _ _ 1 _11 - / 1 71 _ . Li,
g + ;fuote a end 01' f ofI `f ;l) for
er' r^ U Uloydike o t a i, /?CC?5.
?cvov ch,n des ic+,Om5 ma e Co,1Sf«c %w1 tcx?a. e (ho )vnpos e ?
5 1?a1 Ia4-`on,5 Lvov U1 Aaue- cm iyr?,t?cf co 4?e vatuc- d ?(,,.e ratrJc, .
3. Descnption.of any best management practices to be used to control impacts associatedpwi h
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetatio , etc.):
-ZM r-V cOu 3Ur-Pace,5 r Al' Al, - -10 n1a I e f e, of' 1Ae
`a f o i y6e,-4-ke o v owl
(2) How these difficulties or hardships result from conditions that are unique to the property
Afafural -h C'1 Cllr M +
Col Get ai c.!.?:/Ae no fora ( e'n V rpn.Zl&,;?- W N t be-
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
DIJIP -to i > of Z 0 re4 M o, 5 T- cco l 7?jca
?
Gv i Q ?? f ru
"e-5 aeof,
41ra The- 5 Le
i L
C4 ccy-ri- .2 i U 5.
Z
cvhiC.k wi VMa? mime, Proms `'?a
(3) If economic hardship is the mayor consi eratior
economic hardships and the proportion of the hard
a
VO lug 0? ??\e pr-O
Part 3: Deed Restrictions
r ?b y7a,4 . AID i naAra
l ? r, ? k P n,? -fir -fh 's
,
Ire c-+- ? 10,1 V-Ae
io?1f
`E ina5 an /J/o?err,?-t f off' 46f- r^es de (e- I
i, then include a specific explanation of the
ship to the entire value of the project.
? v t*Pa5
e F7- e iC +i-m i_5
' +
u - kc-
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:
"General" Variance Application Form, page 3
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
1, 6R I A/V AkCXJN (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. ) h
Signature:
Date:
Title:
S - Z - U"L
(OCJAelle-
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
http://h2o.enr.state.nc.us/ncwetlands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
General Number: [phone]
http://www.saw.usace.army.mil/wetlands/regtour.htm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number. [phone]
http://www.saw.usace.army.mil/wetlands/regtour.htm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
phone: [phone]
"General" Variance Application Form, page 4
May WQC Agenda Item # 2 5/08/015103/0104/11
Please note that this draft version contains edits to the version sent
in the May 3rd mailing. The changes are indicated by
stril et%h and underline.
" General" MAJOR VARIANCE
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 that meet the conditions stated below.
This "general" major variance from the Riparian Buffer Protection Rules in the Neuse
(15A NCAC 2B.0233) and Tar-Pamlico (15A NCAC 2B.0259) River Basins is hereby issued by
the NC Environmental Management Commission (EMC) for impacts to the protected buffers as
long as the conditions prescribed below are met.
The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ
"General" Major Variance Application Form that describes how the following conditions of this
variance will be met. If these conditions can not be met, an individual Major or Minor Variance
from the Buffer Rules may be sought from the EMC. This "General" Major Variance shall expire
on April 11, 2006 unless it is renewed before that time by the EMC.
Conditions:
1. The residential lot must be located within one of the coastal counties as
defined by the Coastal Area Management Act (CAMA).
2. Applicants must show that they have met the requirements for a variance
as specified in the buffer rules in "VARIANCES" [15A NCAC 2B
.0233(9)(a)(i)-(iii) and 15A NCAC 2B.0259(9)(a)(i)-(iii)] for the
specific river basin where the impacts will occur.
3- Applicants must show that the residential lot has been platted and
recorded prior to August 1, 2000.

4. 2000) for- the speeifie 4ver- basin whefe the impMs will eseaf.
Construction is for residential buildings and related structures such as
garages, decks, porches, attached commercial buildings, driveways and
sheds.
5. Substantial expenditures and contractual obligations must have occurred
in good faith prior to the August 1, 2000
speeifie basin where the impaas Y414 eeewr-. Substantial expenditures
and obligations must have been made in reasonable reliance upon
governmental permits and/or approvals (such as 401 Water Quality
Certifications, CAMA permits, active connection to an existing sanitary
sewer system or local septic system approvals). Supportive written
documentation must be submitted to the DWQ for review.
6. The lot must be buildable, without wetland impacts except for driveways
and/or utility crossings and any impact to the buffer shall be minimized
to the maximum extent practical.
7. Where impacts to the buffer will occur, the impact should be minimized
to the greatest extent practicable as determined by DWQ staff.
May WQC Agenda Item # 2 5/wo15f am ^,o " _
8. Any on-site wastewater treatment must not be located within 50 feet of a
surface water as specified in "ZONES OF THE RIPARIAN BUFFER"
[15A NCAC 2B .0233(4) and 15A NCAC 2B .0259(4)] of the buffer
rules. The only exceptions include any pretreatment systems meeting the
Treatment Standard 1 as found in 15A NCAC 18A .1969 Innovative
System Approval regulated by the NC Division of Environmental Health,
On-site Wastewater Section.
9. On-site stormwater management controls must be shown on the
application and stormwater runoff must be directed away from the
adjacent surface water and/or coast wetland as determined sufficient by
DWQ staff, measures such as rain gardens, bio-retention areas,
vegetative filter strips and planting of trees or shrubs along bulkheads
and/or property lines to maximize pollutant removal may be required as
determined by DWQ staff. If the applicant is required to obtain a
Sedimentation and Erosion Control Permit or a CAMA Major Permit,
then a Stormwater Permit may be required from the DWQ.
10. Mitigation will be required at a 1:1 ratio for impacts to Zone 1. This
mitigation can be accomplished by either (1) payment into the Riparian
Buffer Restoration Fund (administered by the DWQ Wetlands
Restoration Program), (2) planting or protection of a riparian area not
subject to the buffer rules, or (3) additional planting of a partially
buffered location on-site or in close proximity to the impacted area.
Mitigation plans must be approved in writing by the DWQ prior to
construction.
11. The applicant must receive written approval from the DWQ based on the
submittal of the "General" Major Variance Application Form
acknowledging that these conditions have been met before any impacts
occur to the riparian buffer.
12. The applicant must contact the appropriate District office of the N.C.
Division of Coastal Management or Local Permitting Officer for any
current requirements for CAMA Major, Minor or General Permits.
Signed:
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission
Effective Date:
g sf Enonment and Natural Resources
oater Quality 020780
R- 19 uW2
"General" Major Variance Application Form ?-
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 MaMement Commission on 5/9/2001)
Please Identify which Riparian Area Protection Rule applies.
,pr' Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
a 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 forth
must be provided. Incomplete applications will be retumed to the applicant. The
original and two copies of the completed "General' Variance Application Form and
any attachments must be sent to the DWQ 4011Wetiands CwWkation Unit, 1650 Mall
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form may be photocopied lbr use as an original.
Part 1: General Information
(please include attachments if the room provided is insufficient.)
1. Applicants name (the
M92 IAN
2. Print owner/Signing
Name:
Title:
Street address:
City, state, zip:
Telephone:
Fa)c
3.
Individual, etc. who owns the property):
for the property and its compliance)

Contact person who can answer questions about the proposed project:
Name:
Telephone: ( _ ..............)
Fax: -
KGenerer Variance Application Form
version 1: May 2001
tmau:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.): „
- - - - . n ??
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the portion
7. Stream to be Impacted by the proposed activity:
Strearp, 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
(Nauss) 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
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
Active Connection to Sanitary Sewer System
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.)
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
Co.
e.
"Generar Variance Application Form, page 2
e)n LEFT- v
aavw...'...... w..,
2. State reasons MY tn's P1811 rul a its N{ vvuocsu QL/W V Ity 16/01 n ova L/Q I+. xv "W y
reduced or reconfigured to better minim ze or eliminate disturbanto the ri rtan b er.
- ? + i ftaG n -?- r"era=
Odl -slie_ -of ±k Of
r j rwo
fb6 AP_
5 1 pf f o/* WOL'Al l /toveQ?t i`m cf c?r1 vala? `
3. Desd1di efloon.of any best management practices to be used to control impacts associated w?h
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetatio , etc.):
IM r IOV vr?aceS I'll -/0 - a 'l - -of -Ae.
-1-n ar44?AP- 44,-4- 1) &J A14 6*1
an e- c 7fke na ral ewliron.so;t wni be
4. Please provide an explanation of the following:
(i) The practical difficulties or hardships that would result from the strict application of this
z
tuh icy (.v+ I l`'????Ce?c tir e, row''
(3) if economic hardship is the mafor con We
economic hardships and the proportion of the
value, o? ? e
Part 3: Deed Restrictions

a7
rci;
ed b . Al m etalfe
-e r./ -to r -t Ato 0 t $r +h S
?Q ve,
lion, then include a specific explanation of the
ship to the entire value of the protect.
Lo ft e-
tom; l
+ he 5© F T reskiti-ran b
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:
'General" Variance Application Form, page 3
(2) How these difficulties or hardships result from conditions that are unique to the property
City, state, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
I, FjQ //}N ?;Q(2??N - (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit applicatlon 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 Wil be recorded with all required permit
conditions.
Signature:
Date:
Title:
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1850 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
httpJ/h2a.enr.state.nr-u3/navetiands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
General Number. [phone]
http:/twww.saw.usem.army.m!Yw&Uands/rogtour.htm
?RY FIELD OFFICE
US WASHINGTON Arnry Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number: [phone]
http://www.saw.useoe.army.mil/wetlands/regtour.htm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
phone: [phone]
"General" Variance Application Form, page 4
s-Z - 'r I'
1XAJ^°. -
Please note that this draft version contains edits to the version sent
in the May 3rd mailing. The changes are indicated by
sk4k o and underline.
cr,
" General" MAJOR VARIANCE
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 that meet the conditions stated below.
This "general" major variance from the Riparian Buffer Protection Rules in the Neuse
(15A NCAC 2B.0233) and Tar-Pamlico (15A NCAC 2B.0259) River Basins is hereby issued by
the NC Environmental Management Commission (EMC) for impacts to the protected buffers as
long as the conditions prescribed below are met.
The applicant must submit to Division of Water Quality (DWQ) throe copies of the DWQ
"General" Major Variance Application Form that describes how the following conditions of this
variance will be met. If these conditions can not be met, an individual Major or Minor Variance
from the Buffer Rules may be sought fiom the EMC. This "General" Major Variance shall expire
on April 11, 2006 unless it is renewed before that time by the EMC.
Conditions:
1. The residential lot must be looted within one of the coastal counties as
defined by the Coastal Area Management Act (CAMA).
2. Applicants must show that they have met the requirements for a variance
as specified in the buffer rules in "VARIANCES" [15A NCAC 2B
.0233(9xaxi)-(iii) and 15A NCAC 2B .0259(9xaxi)-(iii)] for the
specific river basin where the impacts will occur.
3- Applicants must show that the residential lot has been platted and
recorded prior to Am" 1.2000.
> ,

4. 2000) for the spegifie Avef basis whae the impaeft wig 096M.
Construction is for residential buildings and related structures such as
garages, decks, porches, attached commercial buildings, driveways and
sheds.
5. Substantial expenditures and contractual obligations must have occurred
in good faith prior to the August 1. 2000
Substantial expenditures
and obligations must have been made in reasonable reliance upon
governmental permits and/or approvals (such as 401 Water Quality
Certifications, CAMA permits, active connection to an existing sanitary
sewer system or local septic system approvals). Supportive written
documentation must be submitted to the DWQ for review.
6. The lot must be buildable, without wetland impacts except for driveways
and/or utility crossings and any impact to the buffer shall be minimized
to the maximum extent practical.
7. Where impacts to the buffer will occur, the impact should be minimized
to the greatest extent practicable as determined by DWQ staf

C

Signed:

\
\

1
MWO MV
8 Any on site wastewater treatment must not be located within 50 feet of a
surface water as specified in "ZONES OF THE RIPARIAN BUFFER„
(15A NCAC 2B .0233(4) and 15A NCAC 2B .0259(4)] of the buffer
rules. The only exceptions include any pretreatment systems meeting the
Treatment Standard 1 as found in 15A NCAC 18A.1969 Immovative
System Approval regulated by the NC Division of Environmental Health,
On-site Wastewater Section.
9. On-site stormwater management controls must be shown on the
application and stormwater runoff must be directed away from the
adjacent surface water and/or coast wetland as determined sufficient by
DWQ staff; measures such as rain gardens, bio-retention areas,
vegetative filter strips and planting of trees or shrubs along bulkheads
and/or property lines to maximize pollutant removal may be required as
determined by DWQ staff. If the applicant is required to obtain a
Sedimentation and Erosion Control Permit or a CAMA Major Permit,
then a Stormwater Permit may be required from the DWQ.
10. Mitigation will be required at a 1:1 ratio for impacts to Zone 1. This
mitigation can be accomplished by either (1) payment into the Riparian
Buffer Restoration Fund (administered by the DWQ Wetlands
Restoration Program), (2) planting or protection of a riparian area not
subject to the buffer rules, or (3) additional planting of a partially
buffered location on-site or in close proximity to the impacted area
Mitigation plans must be approved in writing by the DWQ prior to
construction.
11. The applicant must receive written approval from the DWQ based on the
submittal of the "General" Major Variance Application Form
aclmowledgmg that these conditions have been met before any impacts
occur to the riparian buffer.
12. The applicant must contact the appropriate District office of the N.C.
Division of Coastal Management or Local Permitting Officer for any
current requirements for CAMA Major, Minor or General Permits.
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission
Effective Date: