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HomeMy WebLinkAbout20020780 Ver 1_Complete File_20130718Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Thomas A. Reeder Acting Director Compliance Assistance /Site Visit Request Form John E. Skvarla, III Secretary Applicant/Owner's Name (corporation/individual who is legally responsible for the property and its compliance: Btt c) -/ �, atto, v i Applicant/Owner Address: 1 S-0, ( E A ciLmD wt'', i . 6 2c.% 1&4- '-?yo3 Applicant's phone number: (330 Fax number: Applicant's email address: Consultant/Contact person Name (if applicable): Consultant address (if applicable): Consultant's phone number: Consultant's email address: Fax number: Name of Project: ii kW (2I_ov / (2q o O trY County: M" 1_c-C6 Nearest Named stream + River Basin (from USGS topographic map): 132o!140 C2y6-tC_ t t'l &OT & Al i Please provide a brief description of this project (attach site plan if available)- C & c- i6'&.fs- r.� a LV nq >W i'3 Lt*'6_A - A G MM oc = -4 hill Ifl- %��t't*!i- Mcw`�r. A Please attach a map of site location indicating project boundaries using USGS 1:24,000 topo map and NRCS county soil survey. Location of project site - please include reference to the county, nearest named town and highway number: ;&3 5 CtdA✓t- /k-&&) 19. t, M 6 aa,� t7- Has any DWQ staff visited the site? tiv , if yes, please provide DWQ staff name, visit: and date of This form may be submitted via email ( anthony.scarbraughgncdenr.uov), faxed (252- 946 - 9215), mailed or hand - delivered to: 943 Washington Square Mall, Washington, NC 27889. (Note: Submittals of the review packages on Friday after 12:00 pm will be stamped as received on the next business day). Please contact Anthony Scarbraugh at 252- 948 -3924 if you have any questions regarding this form. North Carolina Division of Water Quality Internet: www.ncwaterquality.ora 943 Washington Square Mall Phone: 252- 946 -6481 One Washington, NC 27889 FAX 252- 946 -9215 NorthCarohna An Equal Opportunity /Affirmative Action Employer- 50% Recycled /10% Post Consumer Paper N atutrallb, a 7� W, W-M ' J ol m OOOOOr- Ca� ou Ln mj r, iOl rD 0 rt-h C) r- 0 0 Hn oorntnawv (, o 0 C) r, r, r-j uj tD Ili tD a In o -S (D' kQ to Q1 rQ C LA -4 t.0 kD r) 0 �6 0 (D)rtl 7 k, rD !Of --'Z 10 R CA %D 00 > H m 0 m !a (A 1w 0 m hn; F-I Da > LA X (A a 0 V m -0 < r) m0 "n m > a m a m r) 0 DO 0 r'ZE W 'a 0 HOB r'n x r) c z rn 0 n 0 0 0 (D m -i X If r- m MX m 0 L) x ;r H H 00 !e w, (A A X X -a !o m X F, r C) r) X m> 0 ;=r CL �(D! n ui r 03 Ili X VI X 0 Z H NJ NJ mm m m 00 1-- 'I H:E uj IJ;o Vj D z z 3 -n w z j, m P.JZ �6 -t W>W 0 F-I X -4 X X H V. 0 :7 0:9 > m ou 00 m it Oz z z x m 0 r? iii r) --I V) X )o m q rj (A z .p. 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Thorpe, Ph.D. Acting Director Division of Water Quality May 29, 2002 DWQ # 02 -0780 Pamlico County 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. Si IterDorney Quality C�ertifi tion Program cc: Washington DWQ Regional Office \ Washington Corps of Engineers Central Files File Copy tJ�"DE -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: (919) 733 -1786, Fax: (919) 733 -6893, http:// h2o.enr.state.nc.us /ncwetiands/ State of North Carolina Department of Environment and Natural Resources Division of Water Quality LIY 0 20P i General " Ma'OY Jia ce Application Form' = From the Neuse and Tar Pamlico Riparian Buffer Protection Rules for residentiats� � T � ITY SOUPOr on existing lots within the coastal counties as defined by the Coastal Area Managem -~ (As approved by the Water Quality Committee of the EnviroflmenW Management Commission on 5/912001) 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) 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 Information requested In this form must be provided. Incomplete applications will be netumed to the applicant. The original and two copses sent to the DWQ�4011Wetlands Certlticatio U any attachments must be a nit, 7860 Mail Service Center, Raleigh, NC 27699.1 650, 91 9-733 -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. Applicants 2. Print owner /Signing Name: _ Tide: Street address: City, State, Zip: Telephone: Fax individual, etc. who owns the property): for the property and its compliance) 3. Contact person who can answer questions about the proposed project: Name: Telephone: ............... Fax: (.,,,,,..., w ) "Generer 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.): Lmt Z t 4 iIuPr AGc'&.5 whm-tomw 6i8 Nom_ PCM1iC 5. Project Location: Street address: City, State, Zip: County. LatitudeAongitude: 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: Strearpname (for unnamed streams label as "LM to the nearest named stream): Stream classification [as identified within the Schedule (Nauss) or .0316 (Tar - Pamlico)]: 15A NCAC 2B .0315 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 carving 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- "General" Variance Application Form, page 2 2. State reasons Wny u118 Put' lul ultl NIuPvmu awrlay —161 '%#L "Im ino....wu� •.......••.r......../., reduced or reconfigured to better minimjze or eliminate disturban�Ce to the d be en • Q i►L of r r W�2; I� „ re 1 ns ma Ca,15 mv) IVU4- rho ki b� ? mwp2uijc� �M� {;off Gvovle! /�ov�Q�t ?�, cf o� f val�e� of l�� p s� don of a best management practices to be used to control impacts associated 3. De p any the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re- plantfig vegetation or enhancement of existing vegetatio , etc.): of � O er �.. �. ... `%/ v A �, 'f n i �P _ 77i P D fri O KfI�'1 On en Ike- naivral P- �v +ror�rtie at U14i 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Um / '.� l� v. -, .f►ri1�,L =��Si:TIIi:I�: ��� �� ! 1 (2) How these difficultles or hardships result from conditions that are unique to the property Z (3) If economic hardship is the major oonsi ei economic hqrdshlps and the proportion of the value, 0� A-%%e PrO Part 3: Deed Restrictions $r ♦ti �S ` �bnf ✓Q cip� ion, then include a specific explanation of the irdship to the entire value of the project. [.0 �.- q + e F r- s�rctrvn is So IL 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: "Genenar Variance Application Form, page 3 CRY, State, Zip: Telephone: Fax: Emall: Part. 5: Applicant's Certification i, 8Q l A N i g owty (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. Signature: Date: Title: NO Division of Water Quality (DWQ) 401 Wetlands Certification. Unit 2321 Crabtree Blvd. (LOCATION) 1650 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27699-1650 (919) 733 -9726 (phone) httpJ/ h2o.enr.state.nr- u3/ncwetiands/ RALEIGH REGULATORY FIELD OFFICE Us Army Corps of Engineers 6508 Fails of the Nauss Road, Suite 120 Raleigh, North Carolina 27615 General Number., (919) 876 -8441 http : /twww. saw. usaoe .army.miVwetfands /regtour.htm ,i WASHINGTON REGULATORY FIELD OFFICE us Amy Caps of Engineers Post Office Box 1000 Washington, North Carolina 27889 -1000 General Number. (252) 975 -1616 http:ltwww.saw.usaoe.arrny.miVwetlands/regtour.htm Washington District Office Division of Coastal Management, 943 Washington Square Mall Washington, NO 27889 phone: 2521946 -6481 Morehead City District Office Division of Coastal Management 151 -B Highway 24 Morehead City, NC 28557 phone: 252/808 -2808 - General Variance Application Form, page 4 Please note that. this draft version contains edits to the version sent in the May 3rd m ' ' g. The changes are indicated by and underline. " General" MAJOR VARIANCE From the Neuse and Tar Pamlico Riparian Bti ftr 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 No= (15A NCAC 2B.0233) and Tar - Pamlico (15A NCAC 2B . 0259) River Basins is hmeby 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 descn'bes 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 Buffet 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 deSaed 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)I for the specific river basin where the impacts will occur. 3- Applicants must show that the residential lot has bees platted and recorded prior to Autust 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 Au" 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 feat 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 mooting the Treatment Standard 1 as found in 15A NCAC. I8A .1969 Innovative System Approval regulated by the NC Division of Environmental Health, on-site Wastewatm Section. 9. On-site storarwatea 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: tile: // /Unlit: 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 lam on Friday, July 12th. Let me know if you can make it. Thanks. - Bob of 1 6/12/02 1:59 PI OFFICE USE ONLY: Date Received State of North Carolina Department of Environment and Natural Resources Di 'sion of Water Quality cop Y Request # V 02 07 x MAY 3 General „ Major Variance Application Fo From the Neuse and Tar Pamlico Riparian Buffer Protection Rules for resideriti rT Soup ” on existing lots within the coastal counties as defined by the Coastal Area Management FCT"mA, (As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001) Please identify which Riparian Area Protection Rule applies. ,ef 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 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 4011Wetlands Certlt7cation Unit, 1650 Mail Service Center, Raleigh, NC 27699 -1650, 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): (1, P, IAN O�V_nWN -- 2. Print Owner /Signing OfficI If person Name: Title: n J A J M Street address: City, State, Zip: reeA Telephone: ( Z 2 5 Fax: responsible for the property and its compliance) 3. Contact person who can answer questions about the proposed project: Name: Telephone: ( .................) Fax: (..._.__......a "General "Variance Application Form Version 1: May 2001 t Email: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance ag9�reements, etc.): n Lc* -t 7. 1 e— i Iu(T Ar-'imS f .4 l�nrh7flh�''t(e, A/_C_ Pl,�l%1-1 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): , S1L (, Er—T- `� 7. Stream to be impacted by the proposed activity: StreaA'rpael name (for unnamed streams label as "UT" to the nearest named stream): . L ree k 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 of buffer impact in ft.: Thy_ Pro co lq�rvc4tol) CO - Q fe �clEr�liia dwelbq ConsTi7vrk5 1. _ _ / . I/ - • - - - 7- /� _ . -1 1"r r-.1 l 7r/ - - "General" Variance Application Form, page 2 Co. e_ 2. State reasons why this plan for the proposed activity cannot be practically accomplished, 0 reduced or reconfigured to better minim Jze or eliminate disturbanc�e to the riparian buffer. I)A& tnU� shww-nf IMF Z(o 1PS�Ur�ca.Ix,.IF1`n Orrnrf irn_ 4A U& o.,,4Ji, r + SFfi4 fe Q end '4 of ` Q `r rn I-Ac- o � o�� rvGv ibIt 5 linn�+a -kol* wovId Attvt—o i cq 41,p_ val „c_ a� 4-(,e pr 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 vegetatio , etc.): IM r-WOU 5ur -pace5 UJI . �` - a f eofi �,,{►We- C#116( eAholce;; --J �e natural e-AV ronf1tent wNt 'br- 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. ME 24 I I • 1 r.I ■ , �/ I Y , (2) How these difficulties or hardships result from conditions that are unique to the property 7-1 is Lnradei UMILA urn - whIck ro,6- ✓o (3) If economic hardship is the major consi(teratior economic h dships and the proportion of the hard i01 (b r . 1 -41rom it , + f011i P i� - or1 n�Lerra�f o� �S, lve. `CIMCe / i, then include a specific explanation of the ship to the entire value of the project. 11 1 1 -11 1_ I_ .. _ 1 1 a le., --1 oil I V: L • i �i» %3i���i� :� 7 1 � Y1- 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: "General” Variance Application Form, page 3 City, State, Zip: Telephone: Fax: Email: Part. 5: Applicant's Certification I, Ole /AA/ AP-(X hV '(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. Signature: Date: Title: NC Division of Water Quality (DWQ) 401 Wetlands Certification Unit 2321 Crabtree Blvd. (LOCATION) 1650 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27699 -1650 (919) 733 -9726 (phone) http:// h2o.enr.state.no,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: (919) 876 =8441 http://www.saw-us6ce.army.mil/wetlands/regtour.htm ,i WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889 -1000 General Number. (252) 975 -1616 http://www.saw.usace.army.miVwetlands/regtour.htm Washington District Office Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 phone: 252/946-6481 Morehead City District Office Division of Coastal Management 151 -B Highway 24 Morehead City, NC 28557 phone: 252/808 -2808 "General" Variance Application Forth, page 4 May WQC Agenda Item # 2 5 /08 /016te3/01 e4/44 Please note that this draft version contains edits to the version sent in the May 3rd mailing. The changes are indicated by sal 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 meta 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. River Basil]; J* 22, 199:7 T-ff RAVAlif;A River. Basil% januar-Y 1, and 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 minimised 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 siosioimaEei oonmi 9 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 Stornmwater 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: Jgnorth Caroline of nt and Natural Resou=s ``1!? of Water c.Zuallty 02.0780 Q v_.. • Application Form "General" Mayor Variance App 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 Qusiity Committee of the Environmental Management Commission on 5/9/2001) Please Identify which Riparian Area Protection Rule applies. ,r" Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (1 SA NCAC .0233) o Tar - Pamlico River Basin: Nutrient Sensitive Waters Management Stratiegy Protection and Maintenance of Riparian Areas Rule (1 SA NCAC .0259) NOTE: a complete To constitute all of the Information requested in this form must be provided. Incomplete applications will be retuned to the applicant The originl and two copies of the completed "general" Variance Application Form and any attachments must be sent to the oWQ 4011Wedands Cordficaftn Unit, 1850 Mall Selvke Itta/, form Raleigh, ay be photocopied for use! a complete subm as an origin Part 1: General Information (please include attachments if the room provided is insufficient.) 1. Applicant's 2. print owner /Signing Name: Title: Street address: City, State, Zip: Telephone: Fax. Individual, etc. who owns the property): for the property and its compliance) 3. Contact person who can answer questions about the proposed project: Name: Telephone: _ ..............) Fax L.., w.a wGenemr Variance Application Form Version 1: May 2001 tmau: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on lens, specifications, letters, operation and maintenance agreements, etc.): 0 5. Project Location: Street address: City, State, Zip: County: LaWdellongitude: 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: stream name (for unnamed streams label as "UT' to the nearest named stream): Stream classification [as identme (Neuse) or .0316 (Tar - Pamlico)]: 2B .0315 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 Certiflcation/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 M the riparian buffers associated with the activity, and the extent of riparian buffers on the land. Include the area A e_ "Genemr Variance Application Forth, page 2 2. state reasons wny RU8 p►an WI um r11 uNuaau a%.uvur V.a• n •w, WW r• ava•w.q ....w...p.........., reduced or reconfigured to better minimrze or.eliminate disturbance to the ripprian buffers y + _ ^ 0101 e, /ooh \ Q,,, to ns ma Co.v ;� ttauno� �bo pas ib� ? J�M� o wcavrel hov�.Q/t 41,00Cf on 4. valvv— of 4-ke p 3. Desdl cf any best management practices to be used to control impacts assodated'A h the proposed activity (Le., control of runoff from impervious surfaces to provide diffuse flow, re-planting vegetation or �hanoement of e�dstfig vegetatl �,etc.): v i - 4d rn cc �..: // P 4 �' ©kl QC/•'1 Aib an eA onc& 7fke- naivral eAV rOA/W.Wf Wi1i be 4. please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Z r th; s �bnf ?A2 c. rienf e-' itil: fne-s dMee, cvhicl� tJv� Il�Maxr�r.�e rn�- "Value# - (3) If economic hardship is the major con nation, then Include a specific explanation of the economic heldshlps and the proportion of the hardship to the entire value of the e project. VO lue, 0� +ire P pw �f a 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: 'General' Variance Application Form, page 3 City, State, Zip: Telephone: Fax: Emall: Part. 5: Applicant's Certification t, 8p, I i4N R2owN I (print or type name of person listed in Part I, Item 2), certify that the information included on this permit application form is I be correct, thct(ons n accordance with Part 6 o conformance � � nth all required perm this form will dead restrictions conditions. Signature: Date: Title: NC Division of Water Quality (DWQ) 4o1 Wetlands Certification Unit 2321 Crabtree Blvd. (LOCATION) 1850 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27699.1650 (919) 733 -9728 (phone) httpJlh2c .enr.state.nau31ncweuands/ RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 6508 Falls of the Nam Road, Suite 120 Raleigh, North Carona 27615 General Number. (919) 876 -6441 http : //www. saw. usaoe .arrny.miVw&Uands /rogtour.htm se WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889 -1000 General Number: (252) 975-1816 http : /lwww. saw. usaoe.army.mlWmftndsireoour.htm Washington District Off{ce Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 phone: 2521948 -8481 Morehead City Distriict Office Division of Coastal Management 151 -B Highway 24 Morehead City, NC 28557 phone: 252/808.2808 "General" Variance Application Form, page 4 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 Neese 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) Riven 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 mast submit to Division of Water Quality (DWQ) three copies of the DWQ "General" Major Variance Application Form that de mlm how the following conditions of tins 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. T his "General" Major Variance shall expire on April 11, 2006 unless it is renewed before that time by the EMC. Conditions: 1. no 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 ftaxi).(iii) and 15A NCAC 2B .0259(9xaxi){iii)J for the specific rives basin whore the impacts will occur. 3z Applicants must show that the residential lot has been platted and recorded prior to AMM 1.2000. , 4. Construction is for residential buildings and related strnetuns 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 Au st 1.2000 Substantial expenditures and obligations must have ben made in reasonable reliance upon govermmeetal 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. no 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 std 77740�� .dt+v'C . lid ' I e� .I 8- Any on-site wastewater treatment must not be located within 50 feet of a lsurr� CAC 28.023730 and O� AC�O� 4AR f O buff rules. The only exceptions include any pretreatimamt syft= meeting the Treatment Standard 1 as found in 15A NCAC 18A.1969 Immavattve 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 mwmnize 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 ?one 1. This mitigation can be accomplished by either (1) payment into the Riparian Buffer Restoration Fund (administered by the DWQ Wedainds 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 Offices 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: