20041493 Ver 1_COMPLETE FILE_20070831

pF W A TF,S, Michael F. Easley, Governor
? p
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 2, 2004
DWQ Project # 04-1493
Pamlico County
Page 1 of 2
Lynda T. Ogren
3620 Brown Creek Road
Merritt, NC 28556
Subject Property: Lot 1, Rosa Deimo Subdivision, 3625 Browns Creek Rd., Merritt, NC
Brown Creek [03-04-10,27-141-3, SA HQW NSW]
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 Ms. Ogren:
You have our approval, in accordance with the conditions liste below, to impact approximately 1,440
square feet (ft2) of Zone 2 (only) of the protected riparian buffe?? for the purpose of constructing a
residential dwelling on the subject property as described within Your application dated September 1, 2004.
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 shall expire when the variance expires on April 11, 2006
unless the variance is renewed before that time by the EMC.
This approval is for the purpose and design that you described in your variance request. 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. This approval requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
1. No Impacts to Zone 1 - No impacts shall occur to Zone 1 of the protected riparian buffers
(except for uses and activities designated as "exempt" within 15A NCAC 02B .0233),
unless otherwise approved by the DWQ.
2. Certificate of Completion - Upon completion of all work approved within the 401 Water Quality
Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required
to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27,604
Phone: [phone]/ FAX [phone]/ Internet: http://h2o.enr;state.nc.us/ncwetiands
Noce Carolina
Ntumally
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Lynda T. Ogren
Page 2 of 2
November 2, 2004
3. Diffuse Flow - All new stormwater drainage shall be directed to vegetated areas as diffuse flow at
non-erosive velocities prior to entering the protected riparian buffers as identified within 15A
NCAC 2B .0233(5). No new ditching or piping of stormwater through the protected buffers is
allowed.
If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This approval and its
conditions are final and binding unless you ask for a hearing.
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 Mr. Bob Zarzecki at 919-733-9726.or Tom
Steffens at Washington Regional Office if you have any questions or require copies of our rules or
procedural materials.
AWK/bz
Enclosures: Coastal General Variance
Certificate of Completion
Sincerely,
?lan,W. Klimek, P.E.
cc: Tom Steffens, DWQ Washington Regional Office
DCM Morehead City District Office
File Copy
Central Files
Filename: 04-1493
SENDING CONFIRMATION
DATE NOV-2-2004 TUE 13:15
NAME DW?WETLANDS
TEL [phone]
PHONE : [phone]
PAGES : 5/5
START TIME : NOV-02 13:13
ELAPSED TIME : 0114311
MODE : ECM
RESULTS : OK
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Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Permit, Program Development and
Transportation Permitting Units
Street Address: 2321 Cmbtme Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigb, NC 27699-1650
Contact Information: Phone k: 919-7334786
Pax B: 919-733-6893
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MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Lynda T. Ogren
Project Number 04 1493
Recvd From APP
Received Date 917/04 Recvd By Region
Project Type single family residence
County Pamlico
County2
Region Washington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
NBR Buffers Q Y Q N I 27-141-3 -s HQWNS 3p 410. 0.03 F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: Project Name: L V^A 7, OQI(LVI
DWQ#: O4 nn
County: R11-1, "-.,
To: ? ARO Kevin Barnett !/ WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ?' WSRO Daryl Lamb
? RRO Mike Horan
From: C Y'? ae1o'? 1&4 Telephone : (919)
The file attached is being forwarded to Pur for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? nimization/avoid ce issues
Buffer Rules euse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
© Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
'I[Ate ctu?t tet-&44w. et scr6' -olj (sA 1Mb6'Y%ligW
? , NS&O, ? so% 61
Comments: 7; ! n 0\e 04 W C?
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`? G? 2 0 Cow??? 5??-?
I OFFICE USE ONLY: Date Received Request # S 1401 GROUP
State of North Carolina 1 SEP 0 7 2004
Department of Environment and Natural Resources
Division of Water Quality WATER QUALITY SECTION
"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 Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
?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 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 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),
LvudA I . C)6ei N
Print Owner/Signing Official (person legall
Name: Lyiyda l
Title: 10u01J ;---
Street address: D wx
City, State, Zip: X:-Aq. 1-f
Telephone:
Fax: --- ----- --_J
er
3. Contact person who can ans -
Name: 7P?4a(
4q,
Telephone:
Fax: ( )
Email: Lt9i?u Ki4
"General" Variance Application Form
Version 1: May 2001
ponsible for the property and its compliance)
Rsw
tions about the proposed project: -- II
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4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, s ecifications, letters, of erat on and maintenance agreements, etc.):
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 1/z x 11 copy of the portion
of the USGS topographic map indica ing the location of the site):
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t A - ? i o+J off' RA3 X/ s v SR 13
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v1 S I Z 1 32,( 'io tvl`t'e?s ese?(1o ?f _w__ ?2 R ._!. •?? ?- -- 1 v r!'?
rigti -_? s? ! 3??4 ?rocIVA I ._ ?? lcs-Fc sl t=.0 4 to-11 0
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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 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
_ _Wo/otf 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 W.:
W ?1_ W o g? t I_"` ? Aa C o 1 1-5
2 State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
"General" Variance Application Form. page 2
Version 1 May 2001
Y
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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,
replanting vegetation or enhancement of existing vegetation, etc.):
-fb .E&r J-v v J kr tN- W r s rr? b?c _ s ? C ?T? L hay' 10 ,
V O 1-a V G t h v- G? V
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
t C2AA JOU e. u lr`S.- - -
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.mac - --- --
(2) How these difficulties or hardships result from conditions that are unique to the property
involy d. _
V, -F-4 r??'LG Lot, f e
(3) If economic hardship is the major consideration, then include a specific explanation of the
eco omic hardships and the proportion of the hardship to the entire value of the project.
v
A
c%+ 'b1 'l Id
Part 3: Deed Restrictions
rSr `e C(OSe.
-ACS' l ?2s?C?1,r ?
V
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:
City, State, Zip:
Telephone:
General" Variance Application Form, page 3
Version 1. May 2001
Fax:
Email:

Part 5: Applicant's Certification
L_y_?dw ) , Oa Rx-,- N (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. I /I
Signature:
Date:
Title:
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd (LOCATION)
1.650 Mal Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
91 33-9726 (phone)
hitp //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]
httlp?//www saw.usace arfny.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]
Imp /iwww saw.usace army mil/wetlands/regtour.htm
VVashington District Office
Division of Coastal Management
J43 hlashington 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
Version 1: May 2001
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