Loading...
HomeMy WebLinkAbout20041655 Ver 1_COMPLETE FILE_20041012V, I Q WArF?, QG ?y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources December 16, 2004 Michael V. Errico 178 Wackena Way Beaufort, NC 28516 Subject Property: Lot 25 & 26, Indian Summer Estates, Wackena Way, Merrimon Towhship, Beaufort, NC Adams Creek [03-04-10,27-128, SA HQW NSW] Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)]. Dear Mr. Errico: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 04-1655 Carteret County Page 1 of 2 You have our approval, in accordance with the conditions listed below, to impact approximately 1,200 square feet (ftz ) of Zone 2 of the protected buffers to construct an addition to your existing home at the subject property as described within your variance request dated September 20, 2004 and received by the Division of Water Quality (DWQ) on October 12, 2004. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .0233(9)(b). In addition to this approval, 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 CAMA regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner(s) must be given a copy of this variance approval and is thereby responsible for complying with all conditions. This approval requires you to follow any conditions listed below. The Additional Conditions of the Certification are: Buffer Mitigation (EEP) - You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 1,800 square feet as required under this variance approval and 15A NCAC 2B .0242(buffer mitigation rule). We understand that you wish to make a payment into the Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation,requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0242(7)(buffer mitigation rule), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(10)(buffer protection rule). Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5208 if you have any questions concerning payment into the Riparian Buffer Restoration Fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to compensate for 1,800--ft2 of required riparian buffer mitigation for impacts to 1,200 ft2 of protected riparian buffers; 03-04-10 river and subbasin, 27-128 stream index number. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper None Carolina Ntumllry Michael V. Errico Page 2 of 2 December 16, 2004 2. General Water Quality Certification No. 3402 (GC3402) - In addition to requesting approval of a minor variance, you provided the DWQ notification of your intention to use GC 3402 and Nationwide Permit 18 to fill approximately 0.018 acres (or 770 sf) of freshwater / 404 jurisdictional wetlands to construct a driveway at the subject property. This activity does not require prior written approval from the DWQ under GC 3402 as long as you comply with all of the conditions of GC 3402. As such, you may proceed with these impacts as long as you comply with all of the conditions of the attached GC 3402. 3. No Zone 1 Impacts - No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. 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 construction corridor 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 prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and this variance approval. 6. 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. Requests for appeals of this decision shall be made to the Office of Administrative Hearings. 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 which 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 Minor Variance Approval shall expire five (5) years from the date of this letter. 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 if you have any questions or require copies of our rules or procedural materials. Sincerely, AWK/CBK/bz Alan W. Klimek, P.E. Enclosures: EEP Notification & Certificate of Completion cc: Noelle Lutheran, DWQ Wilmington Regional Office DCM Morehead City District Office File Copy Central Files Ift O? W A 7FMichael F. Easley, Governor p William G. Ross Jr., Secretary 0 North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director I Division of Water Quali C)'r J tY Coleen H. Sullins, Deputy Director Division of Water Quality NORTH CAROLINA DIVISION OF WATER QUALITY MINOR VARIANCE SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2B .0242, Michael V. Errico has permission as outlined below to impact protected riparian buffers for the purpose(s) of constructing an addition to his existing home. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached certification transmittal letter. THIS VARIANCE APRPOVAL IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP) DWQ Project No.: 04-1655 Date: December 16, 2004 LOCATION: Merrimon Township COUNTY: Carteret BASIN/SUBBASIN: 03-04-10 (river/subbasin); 27-128 (stream index no.) As required by 15A NCAC 2B .0233(9), you are required to compensate for the above impacts through the restoration or enhancement of buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. 1,800 square feet of stream buffers One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242. If you choose this option, please sign this form and mail it to the EEP at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM (EEP) NC DIVISION OF WATER QUALITY 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 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), hftp://h2o.enr.state.nc.us/ncwetiands/ A.. C......1 r\.......1....i..IAK:...... .... A..:-- C.....I... - NorthCarolina Awura!ly s s To whom it may concern, 0 4 1 6 5 5 September 20, 2004 I have a contract on lot 25, propty next to mine for the purpose of expanding my existing residence. My current home is located at 178 Wackena Way, Beaufort, NC 28516. It is on lot 26 of Indian Summer Estates in Merrimon Township of Carteret County, which is off 4H Road and located along Adams Creek and the ICW. The original building permit was awarded January 6, 1988 and completed July 8, 1991. At the time, I was living in Raleigh and the house was used on weekends and vacations. I am now retired and my wife and I are living there full-time. It was quick for us to realize that as a year- round residence it lacked storage and closet space, a complete kitchen (no oven), an adequate dining area, bath (no tub) and bedroom space as well as room for office and utility projects. The lot is long and narrow. Starting with a 55 ft width at the road and enlarging to an 85 width at the water end with a length of 377 ft. On the east side, at the area of greatest width, is a pond and our well. which makes expansion to that side impractical. The current property has wet lands in the middle allowing room for the driveway but not much else. Behind the home is just enough room for a turn-a- round area but can take 4 or 5 turns and back ups to maneuver, especially for visitors not use to the situation. Also cramping for room is the waste water line which must start two feet above the ground in order to have enough drop to the septic tank about 160 feet back toward the front road area. To solve that problem we elevated the line from the house overhead and dropped it down into a shed then created an elevated dirt wall enclosed in a wood fence to carry the drainpipe so it would be out of sight. With all this, it is evident that the best way for an addition to be built is to expand to the one side that is available for building if the adjacent lot can be approved for the expansion. After review by the CAMA, DWQ and USACE I have been told that the way to gain approval is to apply for a variance of the 50-foot set back rule. My current home, which was built prior to the existing regulations, starts within this area. I have enclosed documentation showing this as well as the area of intended expansion and for an additional drive required for construction. This drive can then serve, along with my existing driveway as a means to solve the turn-around problem by being circular. Based on the placement of CAMA marsh grass delineation stakes I can adjust house plans to avoid encroachment of the first thirty feet, but require a 20-foot variance to the 50-foot setback rule. That would allow the house addition to be free of wetland encroachment and allow a usable floor plan extension. Only the drive would go thru approximately 55 non-contiguous linear feet of wetlands. I am available to answer any additional questions you may have and respectfully ask your approval to this project. If the lot was not used for this purpose and a house was built to accommodate a complete home, more of the land would be required along with docking which may have far more impact on the environment. Sincerely yours, ??Q a _ D j??? ?Zcd Michae . Errico 178 Wackena Way, Beaufort, NC 28516 Tel 252 728 1948 0 C T 1 2 2004 DENR - WATER QUALITY WETLANDS ANSTORMWATER BRANCH Page 1 of 1 Attachments: * TAB 1 - Plot map of proposed work site, home addition, wetlands, proposed driveway and desired setbacks *TAB 2 - Original home plot map Feb `88 *TAB 3 - Minor Variance Request form *TAB 4 - Developers Subdivision plot of lots circa 1965 *TAB 5 - Sketch of home layout floor plan with proposed addition. *TAB 6 - Original copy of USACOE map of wetlands area flags *TAB 7 - Pre construction USACE - DWQ form for 401 Permit, 404 Certification *TAB 8 - copy of Geodetic Survey map of area location 1 0 ('T 9 ?004 DENR - Vv;!r. ; - U sSLiTY WETLANDS AND STQRk6WATER BRANCH N I ADAMS CREEK VICINITY MAP NTS tf --- WAY WACKENA Wetlands Certificate 50 0 50 100 150 GRAPHIC SCALE - EETr WAc (TIE LIN ('- `"`-?A '`'AY R\? S _a aX 5 ?En) 60' Ft??y _ P?`-c ECM 79. 89' ` 8 1 a 2 j' 15" 55. 0p' QE NT E IR 25 2 ACREAGE CO (COORD.METHOD) 2 6 0.63 AC. Thle csrtflss that thls copy of this plot accurately depicts the Doun dory of the Jur lsdlal ton of Secllon 404 of the Ctean Woter AcI pursuant to the ISBT Corps of Engineers wetlands determined by the undo rslonod on this dole.Untese there Is a ehoaoe n I's "w or our published reou latlon, this dr I:rminat Ion of 9ecfI0n 404 tur ledlet ion may be re1led opon for a per led of five years from the date, Signature of U.S. Army Corp, at Engineers all I c c I S.R. 1321 \v v O? REFERENCES DEEDBOOK 423 PAGE 8 MAPBOOK 7 PAGE 88 LOT 25 INDIAN SUMMER EST. PIN # C649402866691 COURSE BEARING DISTANCE L- I N 79° 53' 40" W 13. 6 1' L-2 N 34025'28"W 8. 55' L-3 N 76a 38' 18"W 26. 26' L-4 N 83° 56' 44" W 19.6 1' COURSE BEARING DISTANCE L-5 N 79°54' 10' w 9. 19' L-6 N 44011' 29" W 10. 74' L-7 N 26°20' 39"E 19.52' L-8 N 29°19' 03" W 7. 48' L-9 S 77° 30' 10" W 28. 98' L-10 N 68° 10' 16"W 7. 10' L-11 N 46°04' 19"E 9.09' L-12 N 78°42' 35"E 23. 92' L-13 N 04047' 14"W 9.64' L-14 N 22°30' 55" W 18.42' L-15 N 42°O8' 01"W 25.47' L-16 S 16°07' IS"E 8.00' L-17 S 23° 59' 02" W 1 1. 75' L-18 S 10°39' 00"E 13.20' L-19 S 8 1 ° 56' 52" W 17.48' L-20 S 65°57' 35" W 6. 05' MIKE ERR ICO E19 EXISTING I 11.11 RO11.11 ROD STAKE ECM - EXISTING CONCRETE MONUMENT RAW RIGHT OF WAY - - OVERHEAD POWERLINE -E FENCE • -X-X-X- N\F NOW OR FORMERLY HWL - HIGH WATER LINE C.P. - COMPUTED POINT -1-- CA `DECK MA LINE DED I0_ ?- _ N 7 DEEo 081 LINE ?, 'AM A DA C. P 01, MS _ 4 w 85. 000 m? l? K C. P MAP PREPARED FOR: I, DONALD A. NELMS, A PROFESSIONAL LAND SURVEYOR, CERTIFY TIIAT THIS PLAT CONFORMS TO THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA AND THAT THE RA110 OF PRECISION AS CALCULATED 15 GREATER THAN 1:10,000 AND MAT 111E ANGULAR ERROR OF CLOSURE IS GREATFT?jtjjllAttl'A`II7O SECONDS TIMES i SOUARE ROOT F THE NUMD\ ?pGSO9(mNr.D. •Y ? E s/o• DONALD NELMS, P L`?' ?- C. L-0 rr ; ri) ) r 0 C ,''??f,tt 111111 IIIII\\d\` ?A 1 o M ? CO Q ? ry) Date of slonature O U] to UPLANDS IN E L-4 Cn Z?l M Lu 0 tl- rvj I L - fl- TL ANDS 3 S c p -16 \?S O N rp < c0 f? 1 r L-19 ` L-20 i ly) O L /0 Ch o LEGEND It IL-13 CO SIP SET IRON PIPE SIR SET IRON ROD EIP EXISTING IRON PIPE LIR EXI9TING I y v/ .D R Ilvc=\6 s C LINE d ?U PltDprr,P .IAN ftDDlrlbr? .T? "` -3 FT EX.ITOUSE SIP ? -. Q , ? 82 N 4q 1 o 74°,4/ Irh "w SIP 'ryn or suety: P 1-1 Y S I C A L SCALC: r: 5 0' COUNTY: C A R T E R E T DATE: 9- 13-04 STATE: N. C. T`? _MER R I MON FLLEx: I N S U MM2 5 MAP PREPARED BY: JOHN W. COLLIER & ASSOCIATES 408 ARENDELL STREET/P.O. DO?( 3480 MOREI HAD CITY, N.C. 28557 OIL FICIJ:(252)726-1464/(800)682-4316 i Cnz Ce r2&11 (GO' 2/W E. 1034.9S' TO.SW R/W INTERSECT orw4cy-Eljb, was, AND S.R. 1321 +4.40 vvS.-CKEN,t, wo,Y (GO' R/W) G o1^-7I-d4'F'?? P. S. 30" nom. g. L.? 3.73` J? -0 v in H r Z. so' f.as. N CO 2? u " 25 Z I, 27 Nn1?. 6G7 ?.y ' 4?Y4? Po?+r ?r I rnf?.. I? 111 _ gEE i:.,na'aoo?c -s, v,wc ae r??_? 13 I wousc 10 1< 40" s .. f ?. 1' s ?lrloR N _ ??% In NF7 -oe=fo.Nr Zi7 g3'?4 ?: 1 t; NEUSE RIVER _. a ? a SUR?/EY FoI;:, ' "UtNelH'FR MIKE ERR I CO.?? lI a 8 I 1'?tZ LOT 2Ce, SECT 1 „ / I11D1AN SUMM2?R ESTO.TES 1531 n r q b a. 1 . MERRJM0 TOWNSWIP k ?>s? VwC f }y i f . p t C.&MTERET COCJN'TY N C 3iw i. ? t ?"°D S;e? F E 0. 9 1958 SCA t? '. 1 ° 'SO °fr ' iS• w' ''. rff?l111 FYI/ff???yo ??? 1 '? F, SUP 1 t #?r ?t t s , 1.?1 1 1 COM AnY ?' C7WELL SURVEYInG " .r OFFICE USE ONLY: Date Received _,r_ _._..._..._..___.__.__...._.?.._._._._.. Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality Variance Request Form - for Minor Variances Protection and Maintenance of Riparian Areas Rules NOTE: This form may be photocopied for use as an original 041655 Please identify which Riparian Area (Buffer) Protection Rule applies. Y Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0233) ? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 021 .0259) o Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B.0243) 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 Official (person legally responsible for the property and its compliance) Name: Title: Street address: City, State, Zip: N_-:C 2851(p..__w.._ Telephone: Fax: A11.?,ii-talt? .:f?USu?r=2 3. Contact person who can answer questions about the proposed project: Name: .._A60&-.....__.... Telephone: Fax: Email: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Version 2: November 2002 a a R_\C0 OoiNke ?dAAI o l 3 . ._-.--.______-_._._____.._...___. SummE2 ?srrATES . 5. Project Location: Street address: 171%3 WACKew) W4y City, State, Zip: County: Latitude/longitude: 6. Directions to site from nearest major intersection (Also, attach an 8'/Z x 11 copy of the USGS topographic map indicating the location of the site): eAr _ _gc*l B E A \t Vda 1.5 C_TP?KE UPS 7U EAST Tb ?4?(L'C 2c' K . S . Csc? ?Akt-t-r Tf•12IR Q bg Ta ACriC_ L46 1 T- uo2TN?? v tVl-rr? rh o?u m? ?t!?r?oor? ? wh?fP YI.o??tnr??ct C Inurch Cn 'qt' ? -1-F G W6 w[-G?DK X L N?c_RNSvwtAilEl1_C-5TAS16N 60,o??Y"r. -T &r (d?wtx? +?T IiSR?ECT?o15 W1Tt41T?lrZ mwt?_ _ GOR 17?bfJ (?. 7. Stream to be impacted by the proposed activity: Stream name (for unnamed ftrCew s 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 tap se Q-`Ver Si 0 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 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 ft2.1:(? p PP 'Pr' -<.e :wee _ C(A\0W% L,c, ?r M ct\(,-& aAde& W-0- is (- 6 ?0J_t??t?k._?__04'_wiD'a 4WC1ud„ J__slo.Ped.s?c es a? grcvej . il?_NdudC? _Fo??(L,Nn- crt? ?toQC o.?¢uA(? 4,?_.._?.?.?,s?a a?a?r?o??.A?..._...5?..r"'I'.?r!.?c,?wnrG 2. State reasons why this plan for the proposed activity ca not be practically accomplished, reduced or reconfigured to better minimize or eliminate isturbance to the riparian buffers: _ - .._.cuU cevr4 ho Q ? ,? s bw k G- Rt1t-'' -_ ..._Wc? ec ci n _ We l . xe s_ s r ..f._.rn.o 1 eSt n? Sn JM) ??nP nrjn Qor\dt t must r?Skc«Fs tnc,s?cr, d?fLc,'t`t oY1 ?? r?t?? btk c[, ?? tc? -Qc?'r?1nP1r a c k wo udld re.ST2tcT- Variance Request Form, page 2 C?( l?? ?2t?,Se d t?- u? ?6y1?1 how VW 'X Version 2: November 2000 - 1 3 r 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, p-planting v getation or enhancement of existin? vegetation, etc.): c-Q\ fin,` ?T1 ?,no _lo? d?s4t?r?ed CeS'\! c?s ?w 'FCx??G?C? (QC C3 W1? CC e??C • ?'Ja-? f? fl?C l'l cv, ?n az. Vim U- oV?te ?'y1dt`(llj!? 2r' c?yrlcc?_r??I__r'hmf.... c??d??._?_ coin tS 3- pc2ca ?t?sdvi i_. i?r 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. i 1?. ?o co ? eat- cova.d nc71- ? ?ccor>,t. plisl? e?Q w??l-?t.o?-?---e?roarv?.e (2) How these difficulties or hardships result from conditions that are unique to the property involved. \ ( ?ric? t??ole?S toL?,ctC _4 ?` ?ro?° Q'?t t3V la Q?LO . -?"Q S? Cl? elc s?u??e ?'?(?, r?i i??I?P?Gty? c ¢ (I kr Vds w? CQr? r c lrs?-s . (3) If economic hardship is the major consideration, then include a specific explanation of the economic hardships and the proportion of the hards ip to the entire value of the project. -_ h?t?e Si F'er?-l'?t5N?5 . e 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: City, State, Zip: _ Telephone: Fax: Email: Part 5: Applicant's Certification Variance Request Form, page 3 Version 2: November 2000 ? r ?CkL VfLR t cv (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: "- Variance Request Form, page 4 Version 2: November 2000 rn v ` `` \ W oc. ? O .` •?? ti o --1 r*1 y ? V . 1 ` (D ??. v • ? ? // ? ` W by 4 1 \. •? y?:. ? ? ZAP .?j4 V 0 u V Cb IT C 4 ; K?; a U! L! J W K, .?_ a1eEr' ,?? ? a W' gr>r? b s2 Ul 0 3 r3 9 ?? 4? Co a ?? Od Ca o . "' ? ` ? ? .,? ? •`.? ? c? ? 31.4 ?/ N ti w ?? 1110 38 g g Q oa 4 (ID ?? ?' o a N 390.4 .W (A n o m ?? ev 1,o i 1 ?3??r 1'68£ (?09l 4• . ??o ?'°`o? N ? ? E 91 a p ILEA W r. Q R?•? Gr- J W . gC, a. /'7? al a u W - ? v a N x ?o ?6? ?3oc)Lc, 4;Z-7 4-02- wryiA?. '' - - -°?:-e - ? ...t?L?.+.,..f.A...?.Lw??aiM...w...? -° -_-- - -•.r......-.a..u:L.._.....?. ..._... .. .. ... ...... .. .... ... .... ' .- of ` ; j ! I ? ? 7 w.v 4 I I ? 1 I , M I I' Q , l Q I 1 ' ? I I I _.. J _ _ ?- _ jr.?.l ....... ......-?_ -- - .7 r T',- ;T?'rlF Iai II'=ILITL1-1Th•1 i IH417- Gi T i-nn 7' r Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit © Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required,. check here: xM 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCW> prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: n IL Applicant Information 1. Owner/Applicant Information Name: Michael V. Errico Mailing Address: 178 Wackena Wav Beaufort, N.C. 28516 Telephone Number: 252 728 1948 Fax Number: manually operated at same number but must be manually started to activate. E-mail Address: merrico@starfishnet.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for'the owner/applicant.) Name: Company Affiliation: Mailing Address: Page 1 of 10 t Telephone Number: Fax Number: E-mail Address: III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: 2. T.I.P. Project Number or State Project Number (NCDO'T Only): Property Identification Number (Tax PIN): (lot '.26) 6494028666691, Lot 25) 649402867660000, 4. Location County: Carteret (Merrimon township) Nearest Town: Beaufort. N C Subdivision name (include phase/lot number): Indian Summer Estates Lot 25. 26 Directions to site (include road numbers, landmarks, etc.): from Beaufort: take 70 east to East Carteret H. S. Continue straight at traffic light (north) towards South River/Merrimon. At fork near church take left on Merrimon Road. Continue to 4H road and to sign for Indian Summer Estates. Turn left on Cartuca to Wackena Way. Just right of intersection is dri veway for 178. 5. Site coordinates, if available (UTM or Lat/Long): (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct water body.) 6. Property size (acres): Lot 25 =. 63 ac' Lot 26 =. 58 ac +/- Lots to be joined akQ 7. Nearest body of water (stream/river/s ound/ocean/lake): Adams Creek ICW 8. River Basin: Neuse Page 2 of 10 (Note this must be one of North Carolina's seventeen designated major river basins. The 'i. idi River Basin map is available at ; ?TM 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Undisturbed wooded residential lot, wooded with some marsh and wetlands on Wackena Way, Indian Summer Estates. Lot is mostly wooded with various tree species including Pine Sweet Gum, vines and others. Wet lands areas show wooded trees abundant on the same ground 10. Describe the overall project in detail, including the type of equipment to be used: Clear building site and driveway. Driveway to be covered with crush and run marl and drain culverts (14") to be used in low areas noted on map by centerline. Silt fences will be erected to ensure no runoff into surrounding area. Addition will be built on pilings similar to existing building. Some grading under new section of house construction site where required. Driveway addition to form circular drive with current residence drive is required to allow construction vehicles and materials into the area. Current house on lot 26 has 160' reach to 11. Explain the purpose of the proposed work: To add desired space to improve home livability, The home was originally used as a weekend cottage. Owners are now living in the home full time. Homeowners desire a larger kitchen (currently no oven) a more formal dinin room, oom larger master bedroom. More closet and workspace. An office area and proper utility room to mention a few needs. The existing pond on lot 26 does not allow expansion to the east and with the current tight driveway and well location, expansion on lot 26 to the north would create a problem with parking and egress from the property. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with assogjated mitigation (where applicable). If this is a NCDOT project, Page 3 of 10 bulldozer, backhoe crane and flat bed trailer trucks will be used in construction,process. I J F list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Other than that requested over ten years ago with the existing house and two existing- groins, no other items are associated with this project. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No further projects anticipated for this project. Other than being; requested at this time VL Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to detetpnine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII be1?w. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly\identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: 2. Individually list wetland impacts below: Wetland Impact Site Number . (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100 year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** Driveway Fill over 434 sq ` Yes 65 ft Wooded * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, dxching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Page 4 of 10 ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: wooded 3000 sq ft + pond of 2300 sq ft. Total area of wetland impact proposed: 770 sq ft. (14.5 %) 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? lease specify) None * List each impact separately and identify temporary impacts. Impacts include, but a not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at +, ?v FED :,1uF? . Several internet sites also allow direct download and printing of USGS maps (e.g., tut .t??i rra;fa?: 11, iY YY'kT.i; iLl?Yj Clty S4, if\f;!!, etc.). - ,? -- Cumulative impacts (linear distance in feet) to all streams on 4. Individually list. all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Wate) (if applicable) Type of Waterbody estuary, sound, (lake, Pand bay, ocean, etc.) None * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Page 5 of 10 J Pond to be created in (check all that apply): Describe the method of construction (e.g., draw-down valve or spillway, etc.): none ? uplands ? stream ? wetlands dam/embankment, excavation, installation of Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local, stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration Page 6 of 10 in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at Provide a brief description of the proposed mitigation plan. The description should.provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Not anticipated as a requirement for this project 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information re?arding the application process for the NCWRP, check the NCWRP website at :• __?.?_?_,::.-_--.:::--=._.?;._:..--:_'??=_:_=?;_. • r.......-_?-....:---,. I use o the NCWRP is proposed, please check the appropriate . box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ? No xxx If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. y#q 0 No? Page 7 of 10 I X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes x F1 No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amounts, of mitigation by applying the buffer multipliers. \ \ Zone* Impact (square feet) Multiplier Required Mitt ation 1 3 2 852 1.5 1278 Total 500 1278 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. As required by DWQ Xi. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Impervious footaize on the site is currently all on lot 26 and is 2084.9 sa ft. This includes the existing house and out storage building. The proposed addition would add an increase of 912 sq ft for a total of 2996.9 sq, ft combined between lot 25 and 26. Currently the ground drains verX Page 8 of 10 well A natural sloped buffer between the house and Adams creek absorbs any access water them to avoid direct runoff into protected bodies of water. XH. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Existing and additional drain pipe to septic system will receive the same amount of wastewater as current design which has serviced this residence for 15-years without difficulty. There will be no increase in bedrooms. X1U. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No xx] Is this an after-the-fact permit application? Yes ? No x n XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control.).- Applicant/Age is Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 10