HomeMy WebLinkAbout20110236 Ver 1_Approval Letter_20110509t
AG';')v&
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
May 9, 2011
George and Marjorie Dufek
735 Arnold Lane
Shepherdsville, KY 40165
DWQ Project # 2011-0236
Pamlico County
Page 1 of 3
Subject Property: 639 Mills Road - Lot 1, Division of Gwaltney Lands
Tar Creek, Neuse River Basin
Class NSW, SA, HQW; Stream Index427-141-4; Sub-basin 03-04-10 (NEU10)
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
[15A NCAC 2B.0259(9)(b)]
Dear Mr. and Mrs. Dufek:
You have our authorization, in accordance with the conditions listed below, to impact
approximately 1,409 square feet (ft) of Zone 2 of the protected buffers to construct the single-
family residence and 718 square feet (ft) of Zone 2 of the protected buffers to construct a
driveway at the subject property as described within your variance request dated March 9, 2011
and received by the Division of Water Quality (DWQ) on March 11, 2011. This letter shall act
as your variance authorization as described within 15A NCAC 2B .0233(9) (b). In addition to
this authorization, 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 Division of Coastal Management regulations.
This variance authorization shall remain valid until the approved impacts have occurred. This
variance authorization is valid for the purpose and design that you described in your variance
request. If you modify your project in any way, 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 is covered by this variance authorization and is thereby
responsible for complying with all conditions. The new owner must be given a copy of this
variance authorization. The new owners must notify DWQ in writing of the ownership change.
This authorization requires you to follow any conditions listed below.
The Additional Conditions of the Certification are:
401 Cversight/Ex press Review Permitting Unit
2321 Crabtree Blvd, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX: 919-733-6893
Internet: http:l/portal.ncdenr.org/web/wq/ws
NorthCarol_ina
Naturalltf
An Equal Opportunity 1 Affirmative Action Employer
•
Dufek
Page 2 of 3
May 9, 2011
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233(6)) 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. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. 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).
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 213.0233.
6. Certificate of Completion
Dufek
Page 3 of 3
May 9, 2011
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the 401
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
If you wish to contest any statement in this Minor Variance you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the
petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A
petition is considered filed when it is received in the office of Administrative Hearings during normal
office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the
hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the
petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919)-733-2698, Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 Chris Pullinger at (252) 948 - 3920 if you
have any questions or require copies of our rules or procedural materials.
S' cerel
Al odge, upervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of approved plat/drawing
cc: DWQ 401 O/E WeBSCaPe
DWQ WaRO File Copy
DCM, Morehead City - Attn: Brad Connell
File Name: 2011-0236
V
Ioouol Nov 20 2007
#678.00
of*4 H PAMUCO
North CoroW County
Rod Estate Excise Tax
NORTH CAROLINA
PAMLICO COUNTY
WARRANTY DEED
THIS DEED, made and entered into this 14t1 day of
November, 2007, by and between LAWRENCE JOSEPH BARALDI, III and
wife, MARGARET A. BARALDI, hereinafter called "grantors", and
GEORGE JOHN DUFEK and wife, MARJORIE DUNBAR DUFEK, 735 Arnold
Lane, Shepherdsville, Kentucky 40165, hereinafte called
"grantees";
W I T N E S S E T H:
That grantors, for and in consid ti of the sum of
ten dollars and other good and valuab consi tions to them in
hand paid, the receipt of which is ke y a nowledged, have
bargained and sold, and by these re M? bargain, sell and
convey to the said George John an wife, Marjorie Dunbar
Dufek, and their heirs and s' in a certain lot or parcel of
land in Number Two (2) Town Pamlico County, North Carolina,
particularly describe io) s:
Being all of L as shown on the map by
Rose & Ass PA, dated February 15, 1989 and
entitled "D .s of Gwaltney Land Among Tenants
in Common, s 'd map being recorded in Plat
Cabin A, i 41-10, Pamlico County Registry,
and inpo ted herein by reference.
AS AN APPURTENANCE to said lot, there is conveyed
herewith a non-exclusive perpetual easement which
shall run with said lot and shall be over and
along the northern and eastern 60-foot wide roads
shown on the Rose map hereinabove referred to, for
the following purposes: (1) ingress, egress and
regress to and from the above-described land and
North Carolina Secondary Road 1317, and (2) all
utilities, including, but not limited to,
electricity, water, sewer and cable television.
In addition, there is conveyed a perpetual non-
exclusive easement for ingress, egress and regress
to and from said land and said secondary road over
and along the western 60-foot wide road shown on
said Rose map.
The foregoing conveyance is made subject to the
restrictions contained in the Contract dated March
16, 1989 and recorded in Book 266, Page 355,
Pamlico County Registry.
RE T URNED TO Prepared by HOLLOWELL & HOLLOWELL
Attomeys at Law
DATE RETURNED Bayboro, North Carolina 28515
//. A/• 97
FILED in PAMLICO Count , NC
on Nor 20 2007 of DOMI AM
by: SlE K WIITFOAD
RxISTER OF DEEDS
BOOK 506 PAGE 590
Book 506, Paae 590. File Number
(Pago'2 eP 3)
BOOK 506 PAGE 591
Also being that lot containing 1.97 acres as
shown on that map entitled "RESURVEY", by William
E. Marlowe, Professional Land Surveyor, dated
October 18, 2007, which survey map is attached
hereto and incorporated herein by reference.
TO HAVE AND TO HOLD the aforesaid lot or parcel of
land, together with all privileges and appurtenances thereunto
belonging, to the said George John Dufek and wife, Marjorie
Dunbar Dufek and their heirs and assigns, in fee simple forever.
And grantors, for themselves, their executors and
administrators, covenant with grantees and their heirs and
assigns, that they are seized of said premises in fee; that they
have a perfect right to convey the same in fee simple; that the
same are free and clear of all encumbrances what ver; and that
they will warrant and defend the title to th e nst the
lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, granto a eunto set their
hand and adopted as their seal the t ewritien word "SEAL"
appearing beside each name, the 4kAk? first above written.
?.?s.¢wc.¢ SEAL )
RENCE JOS H B L I, III
0 6 Q,,_?A?SEAL)
MARGARE A. BARALDI
'0 STATE OF P4
COUNTY OFC7RLd
I,'W /JN?TuIV a Notary Public in
and for said county// and state, do hereby certify that LAWRENCE
JOSEPH BARALDI, III AND MARGARET A. BARALDI, either being
personally known to me or proven by satisfactory evidence (said
evidence being k"77 !)l( u?? `s /1,_f/15e5 ), personally
appeared before me this day, and acknowledged the voluntary due
execution of the foregoing instrument by them for the purposes
stated therein.
Witness my hand and notarial seal/stamp, this the
day of November, 2007.
Notary Public
My commission expires: ?;2-/y/4d COMMONWEALTH OF PENNSYLVANIA `
Prepared by HOLLOWELL & HOLLOW NANCY M. DALl'01 . Notary Public
Attorneys at Law Easttown T,,vp., Chester County
M Comrtlission Expires December 2.2M9
Bayboro, North Carolina 28515
Book 506, Paae 590, File Number
(Pago 3 of 3)
I
ii
5
BOOK 506 PAGE 592
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