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HomeMy WebLinkAbout20041838 Ver 1_COMPLETE FILE_20041115r NNArfi?Q? i Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 31, 2005 Tony W. Threvathan 1676 Kings Landing Road Hampstead, NC 28443-8372 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 04-1838 Pamlico County Page 1 of 2 Subject Property: Lot 9, Orient Point, Oriental Lane, Oriental, NC 28571 Greens Creek [03-04-10,27-129-(2), SC HQW NSW] Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)] Dear Mr. Threvathan: You have our approval, in accordance with the conditions listed below, to impact approximately 600 square feet (W) of Zone 2 of-the protected buffers to construct residential dwelling at the subject property as described within your variance request dated October 18, 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: 1. 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. 2. 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 900 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 ..one 401 Wetlands Cerfrfication Unit ?QtIfCQ??I' 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 Tony W. Threvathan Page 2 of 2 January 31, 2005 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 900 ft2 of required riparian buffer mitigation for impacts to 600 of protected riparian buffers; 03-04-10 river and subbasin, 27-129-(2) stream index number. The DWQ will also accept an alternative method of mitigation (including but not limited to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0242) to satisfy this mitigation requirement. If you choose to pursue this option, then you are required to submit in writing a mitigation plan to the DWQ Wetlands/401 Unit for review and approval. No impacts shall occur to the protected buffers until the mitigation plan is approved by the DWQ. 3. 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). 4. 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 Ms. Cyndi Karoly at (919) 733-9721 if you have any questions or require copies of our rules or procedural materials. Sincerely, Al W. Klimek, P.E. AWKICBK/bz cc: Tom Steffens, DWQ Washington Regional Office DCM Morehead District Office File Copy Central Files t 4 W ArFR III??QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality NORTH CAROLINA DIVISION OF WATER QUALITY VARIANCE SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2B .0233, Tony W. Threvathan have permission as outlined below to impact protected riparian buffers for the purpose(s) of constructing a residential dwelling. 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.: Date: LOCATION: 04-1838 January 31, 2005 Oriental COUNTY: Pamlico BASIN/SUBBASIN: 03-04-10,(river/subbasin); 27-129-(2) (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. 900 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), http://h2o.enr.state.nc.us/ncwetiands/ No e o Carolina Xatumlly Tom Steffens Division of Water Quality 943 Washington Square Mall Washington, NC 27889 koll l O kN OCT 2 9 2004 k? Dear Tom, Enclosed please find the above referenced Variance Request for Lot 9, Orient Point Subdivision. This form has been signed and dated by the current owner, Tony Trevathan. Also enclosed, an in-depth survey of this lot showing the location of the intended home and septic, the septic permit and subdivision plat showing this lot. A General Major variance with no mitigation should not be a problem since this subdivision was recorded in 1982. Thank you for your time and consideration. If I can be of further assistance, please call me at Tony Trevathan (910) 620-1305. Q12 c?19 oe?0 NOV 15 2004 I WETLANDS AND STORMWATERBRANCH OFFICE USE ONLY: Date Received ""Variance Application Form Version 1: May 2001 State of North Carolina Department of Environment and Natural Resources Division of Water Quality Request # 04,838 OCT 2 9 2UU4 Wpb '3k F "" 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 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 "" Variance Application Form and any attachments must be sent to the DWQ 401Metlands 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' name (the corporation, individual, etc. who owns the property): Tony W. Trevathan 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Tony W. Trevathan Title: Owner Street address: 1676 Kings Landing Rd., City, State, Zip: Hampstead, NC 28443-8372 Telephone: 9i0- Z 70 - f SsZ Fax: () g/O • Z Z _z2_81 3. Contact person who can answer questions about the proposed project: Name: Tony Trevathan_ Telephong: (910) 620-1305 Email: T"Lz47 (D. av/. eon ""Variance Application Form, page 2 Version 1: May 2001 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Proposed House for Tony Trevathan 5. Project Location: Street address: Lot 9, Orient Lane) City, State, Zip: _Oriental, NC 28571 County: _Pamlico Latitude/longitude: 35 ° 01' 41" N/ 76° 41' 59" W 6. Directions to site from nearest major intersection (Also, attach an 8 %2 x 11 copy of the portion of the USGS topographic map indicating the location of the site): From Hwy. 55 coming into Oriental-turn left onto North St. And follow to big curve to your right--Orient Lane goes straight just before the curve 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as to the nearest named stream): Cox's Gut Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: _SC 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: A9 7--7 Lod CAMA Major (d Z7_ Zw CAMA Minor /O Z- Z 200 401 Certification/404 Permit 9 9_2003_ 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 ft2.: Trevathan. See Attached survey. Total impacted area of the Zone 2 buffer area is 600 Sq. Ft. 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: "" Variance Application Form, page 3 Version 1: May 2001 With the site-specific placement of proposed home, there is no other location to place the house and driveway 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 vegetation, etc.): Both replanting and enhancement of existing vegetation, i.e., adding hardwoods and wax Myrtles after construction 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. Due to the size of the lot and where the septic is, creating a small building envelope and The house could not be built on this lot in a different configuration. (2) How these difficulties or hardships result from conditions that are unique to the property involved. Due to the extensive nature of the coastal vegetation, the building site is severely Impacted by the buffer rules (3) If economic hardship is the major consideration, then include a specific explanation of the economic hardships and the proportion of the hardship to the entire value of the project. The economic hardship is considerable. If a variance is not granted the lot would Be considered un-buildable 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): Tony Trevathan_ Mailing address:1676 Kings Landing Rd City, State, Zip: Hampstead, NC 28443-8372 Telephone: 910-620-1305 ""Variance Application Form, page 4 Version 1: May 2001 Fax: _ Email: Part 5: Applicant' Certification I, Tony Trevathan (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 .n accorda?with Pa f this form will be recorded with all required permit conditions. Title: LINE TABLE LINE BEARING LENGTH L l S62 42264E 16.05 L2 S7972'07"E 11.78 L3 N6638'08"E 16.25 L4 S4774'17"E 11.63 L5 S68 01'27"E 8.70 L6 N28'06'20"E 10.11 L7 N1422'09"W 6.27 L8 S827646"W 8.27 L9 N31 39'16"W 11.42 THIS PROPERTY IS PAR77ALI-Y LOCATED WITHIN A SPEaAL FLOOD HAZARD AREA (ZONE A& EL7) AS PER FIRM MAP 3720648600J, EFFEC77W JJLY 2. 2004. 01 0 AS LOT f0 PROPERTY OF JOHN HM D.B. 230, PG. 671 TAX ID: J082-16-10 555719 20 E 440.14' (77E7 LEGEND Q SP OOS"NG IRAN PIPE Q SIP SET IRAN PIPE • NPS NO POINT SET R/W RIGHT OF WAY EOG EDGE OF GRAVEL MBL MINIMUM BUILDING LINE ?/ / p- GUY WIRE ?` ?I// ONE OWMEAD ELEC7MC V MEAN HIGH WATER 0 LOCATED CAMA FLAG VICINITY SKETCH IS PROPERTY LINE • NOT TO SCALE APPROXIMATE WATER UNE G'G 2 L2 1,3 ? ? Aw < o?p SIP w ? `? s7 8 50' RIPAMANJ ?. BUFFED UNE / AMC o'Pik tij. O/?T SSO9' ? 'P?O X01 oq? 'Op. <L o ? Aso, F F? SIP . \ ,?,? mss Gq REFERENCES \ M. B. 12, PG. 70 D.B. 280, PG. 331 1, Kendall E. Gaskins, hereby certify that this map was drawn under my direction and supervision from an actual survey made under my direction and supervision, that the error of closure as calculated by latitudes and departures is 1 : 10, 000. Witness my hand and seal this 14th day of SEPTEMBER, 200 G Kendall E. Gaskins, PLS L-3824 LOT 12 26.27' PROPERTY OF JAMES H. STOBIE D.B. 203, PG. 424 7-12 .,SP S`)OZ7 EDGEWATER SUBDIW510N / / gut o %oZ"i SCI .?b LOT 9 y PROPERTY OF MARK C. HOFF D.B. 373, PG. 40 TAX ID. J062-7-6 EDGEWATER SUBOIWSION lp 'I -FL000 LINE AS 4CALEp .'?0' FROM FIRM 37206486001 a1? ??ti?' Lor s PROPERTY OF MARK C. HOFF D.B. 373, Pa 40 TAX ID. J082-7-6 EDGEWA7ER SUBDMSIOW ror?N SEAL L-W24 8U? 40 E. G E7P.. SURVEY FOR= TONY W. TREVATHAN LOT 9 ORIENT POINT TAX M. J082-16-9 NUMBER 2 TOWNSHIP PAMLICO COUNTY NORTH CAROLINA SURVEYED: SEPTEMBER 10, 2004 SCALE 1 " = 40' Kendall E. Gaskins, PLS PROFESSIONAL LAND SURVEYING 8162 Main Street P.O. Box 354 vanceboro, NC 28586 Vanceboro: 252-244-0599 Green w7le. 252-353-1560 to, aw tr tY .A 0 40311 V NE YL PERMIT Previous permit # f IIA ffNew OModihcation "-?Complete Reissue ' -1Partlai Rei ssue Date previous permit issued .,._..w As authorized by the Stag of North Carolina, Department of Environment and Natural Resources p ZLye 0 ?° _ ....__ and the Coastal ftaources Commission in an any of environmental concern pursuant to I SA NCAC ? ?? 4+ tta?ed ^ t9h:°`' Applicant ....... _ .. _ . I?iarr?e `? ?? Pr oIject Location: Con?}' - _.. _._ .•._... . ? _ _...._ __ _.__ _.._ 44 Address '" J' Street Address/ Slate Road/ Lot #(s) city C- 4? -z P f Phone l - ° F Subdilsion dr f r J ZIP a ? city Authorized Agent - ..... _ ?. .._... ' __ . _ -------- f._ F°fS D CW C91A Affected Phone # {--- ? ----- - River Sa in (rl OEA El HHF ? IN ?_- USA FI NIA AEC(s): < 114 (? ? x nix.. a Ju??kn Adj. JVtr. Body_ -- L 1rW'S: T )FC: l: yea le PNA, yes i n t. Nab. yes / no ---? ?,y - ' P??- closest Maj. Wtr. Body lYIIIIIIIII?IIII Type c4 P#v1e4J Acdvit? ? 4.44- c of V, IdngJ x I (scale: ty ` f- - - r•- - A A) -- - ,Qge1St or, itant Pri Pia I e:-Z. -.1 44 CE-4 A fssulna Bate --Extsiratksn f]atp PAMLF-`? COUNTY HEALTH DEPP?TMEN I P.O. B?3 .IC 306 BAYBORO, N.C. 28515 IMPROVEMENT PERMIT (VALID 5YEARS) OWner.PATRICK SULLIVAN C/O CHARLES CARPENTER Owner Address: PO BOX 750 Owner Address(2):ORIENTAL NC 28571 Owner Phone #:252-249-1014 -,, Property Address:ORIENT POINT LOT 9 0 ?, O-W Property Address(2):ORIENTAL NC 28571 N 76'59 feet PIN:JO82-16-9 ?0 Record #N/A Establishment Type:Home Type of Well: Public Well CO)CS GUT Design Flow (GPD):360 Initial Site Wastewater System: Conventional Pipe Long Term Acceptance te(GPD/SQFT):0.4 Trench Width:3 FT Trench Spacing (OC):9 FT Trench Bottom From NGL:-12 IN %4 Septic Tank Volume: 1000 GA WOODUNE i Repair Site Wastewater System:Conventional Pip 4 0 b . Long Term Acceptance Rate(GPD/SQFT): Trench Width:3 FT I Trench Spacing (OC):9 FT Trench Bottom From NGL:-12 IN Septic Tank Volume: 1000 GAL 11 20- 40.00 feet 1:480 T 0W N 0 M Z IU F- A V I Dr ROAD AN AUTHORIZATION TO CONSTRUCT MUST BE OBTAINED AND ALL FEES PAID PRIOR TO WASTEWATER SYSTEM INSTALLATION. THE PAMLICO CO. HEALTH DEPARTMENT RESERVES. THE RIGHT R TENDED TO REVOKE THIS PERMIT IF THE SITE IS USE CHANGED, R ANY INFORMATION IS FALSIFIED. ANY CHANGES TO THIS PERMIT WILL REQUIRE A REDESIGN PERMIT AND SUBSEQUENT FEE. 0 Date 9/9/2003 X54 Authorized Agent: Maptech Map Server Page 1 of 1 MA[31r[C0H" MAPSERVER iir; i<t! r•_juu <( rt_ a d1fral top_, 11111p-_ + •iigi.dl •:h.ui - Dap_r ?h_ h_ • r i Jrl sclt.ti_uC 35° 3' 19" N J 76' 43'5" W i P s 9 35° 1' 15" N 76° 43' S" W r ?.a rr V?libmi?t Pbi? 35° 1' 15" NF 76° 40' 35" W wwwjnaptech.com To order call 888-839-5551 or 978-933-3000 ©1989 - 2004 Maptech, Inc. All Rights Reserved. Maptech ® is a registered trademark of Maptech, Inc. 35°3'19"N 76° 40' 35" WL http://mapserver.maptech.comlapi/api includeslnavigator.piint.cfm?height=500&width=4... 10/15/2004 Pamlico County GeoBlocks CD August 2004 37 0 37 74 Date: 10/15/2004 tAASLIr� This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded deeds, plats and other public records and data. Users of this map < j are hereby notified that the aformenhoned public primary in - L3 '7 formation sources should be consuffed for verification of the information contained on this map. The county nor USI assumes • j• - - r ,�Z' any legal responsibility for the information contained on this map. >?333? p m N oo ¢mvao zz3v?av rrazWwY3 ?a? o'z 00 U) F- w z [+¢3 o J z m D w w m m 0 = 0 0 >O (wr m x w J¢ r U Q Q Q Q Q Q m m m m m m m in U U U U U U U U p O W W W W 1¢i LL N N I W LL p C) a o ¢N D O w m w m w C7 0 o w w p p LL w w v w w w ?? Q ii LL m ? 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