20041894 Ver 1_COMPLETE FILE_20041124

W A Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 15, 2004
DWQ Project # 04-1894
Beaufort County
Page 1 of 2
ichard.J. & Sheila E. Wilkins
37 Gum Neck Road
l elhaven, NC 27810
ubject Property: 137 Gum Neck Road (Gough Lane), Belhaven, NC 27810
"Long Canal", Pung'o River [03-03-07, 29-34-(12), SB NSW]
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PPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico
R parian Buffer Rules for the Construction of Residential Structures on Existing Lots within the
C astal Counties as defined by the Coastal Area, Management Act with Additional Conditions
D ar Mr. Wilkins:
i Y, u have our approval, in accordance with the conditions listed below, to impact approximately 330
I sl are feet (fe) of Zone 1, and 570 ft2 of Zone!2 of the protected riparian buffers for the purpose of
co' strutting an addition to an existing home of the subject property as described within your application
da, ed November 23, 2004. This letter shall act as your approval for the use of the "General" Major
V iance; From the Neuse and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential
St ctures on Existing Lots within the Coastal' Counties as defined by the Coastal Area Management Act
wi It ADDITIONAL CONDITIONS as approved by the Water Quality Committee (WQC) of the
En ironmental Management Commission (EMC) on May 10, 2001. In addition, you should get any other
ire ed federal, state or local permits before you proceed with your project including (but not limited to)
?Se iment and Erosion Control and CAMA permits. This approval shall expire when the variance expires
pn pril 11, 2006 unless the variance is renewed before that time by the EMC.
Thi' approval is for the purpose and design that you described in your variance request. If you change
yo project, you must notify us and you may be required to send us a new request for approval. If the
pro erty is sold, the new owner must be given a copy of this approval and is thereby; responsible for
co lying with all conditions. This approval requires you to follow the conditions listed below.
Tj he' Additional Conditions of the Certification are:
II ;
Buffer Mitigation (6n-site Restoration) 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 330 square feet as required under this variance approval and the attached
Coastal General Variance. The DWQ his determined that you may satisfy this mitigation
requirement by planting at least three (3) native woody trees within the retained portions of the
protected buffers. You must ensure their survival for a period of at least five (5) years. You are
required to replace any of these trees or shrubs that die within this five (5) year period. You are
required to provide proof in writing that idle trees have been planted within one year of the date of
this letter.: The proo? of plantings shall b? submitted to the Wetlands/401 Unit and copied to the
Washington Regional Office.
Ng 1 Carolina
401 Wetlands Cei
1650 Mail Service
2321 Crabtree Bc
Phone;' 919-733-
tion Unit
ter, Raleigh, North Carolina 27699-1650
ird, Suite 250, Raleigh, North Carolina 27604
/ FAX [phone] / Internet: httD://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/ ffirmative Action Employer- 50% Recycled/10% Post Consumer!Paper
I
AmIallry
Richard & Sheila Wilkins
Page 2 of 2
December 15, 2004
2. Certificate of Completion - Upon completion of all wo k approved within the 401 Water Quality
Certification or applicable Buffer Rules, and any subse uent modifications, the applicant is
required to return the attached certificate of completio, to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center,] aleigh, NC, 27699-1650.
3. Diffuse Flow All new stormwater drainage shall be d' ected to vegetated areas as diffuse flow at
non-erosive velocities prior to entering the protected r' arian buffers as identified within 15A
NCAC 2B .0259(5). No new ditching or piping of sto water through the protected buffers is
allowed.
If you do not accept any of the conditions of this approval; yo may ask for and adjudicatory hearing.
You must act within 60 days of the date that you receive this 1 tter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina eneral Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, C 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 Qu, lity under the Tar-Pamlico River Riparian
Buffer Protection Rules (15A NCAC 2B .0259 (9)(b)). Pleas call Mr. Bob Zarzecki at 919-733-9726 or
Kyle Barnes at 252-946-6481 if you have any questions or re uire copies of our rules or procedural
materials.
Sin erely,
Al: W. Klimek, P.E.
AWKICBK/bz
Enclosures: Coastal General Variance
Certificate of Completion
cc: Kyle Barnes, DWQ Washington Regional Office
DCM Washington District Office
File Copy
Central Files
Filename: 041894
,, 1 li I [e-mail]:143/fe.
imap://bob.
Suet: Re: Richard Wilkins 04-1894 Beaufort Co Coastal General
ro : Kyle Barnes <[e-mail]>
at :',Fri, 10 Dec 2004 14:05:04 -0500
1?0: ( ob Zarzecki <[e-mail]>
Bob Zarzecki wrote:
I
Ky? e
I poke to Mr. Wilkins this morning. He said that you have reviewed his project
an recommended the approval of it. Impacts include 330 sf w/n Zone 1 and 570 sf
w/, Zone 2. I don't see your comments in the file or on Filemaker. Please confirm
tth t we are ok to issue this one. Also, what do you want to do about mitigation
110the 330 sf (planting on-site or EEP?).
o
Mr. Ilkins project is one we discussed about two weeks ago where his entire property
is b ffer. I did not receive a copy of the Variance but I have seen what he was going
to s bmit. This is the project that we allowed him to move the footprint of and old
:xis ing structure b/c he lessened Zone 1 impacts for add zone2 impacts. He has
agre d to replant in the buffer for mitigation. Issue the variance with conditions
'thatihe replants the appropriate # of 'trees. There are no major issues with this
pr?j ct.
Ky?e
1
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12/10/2004 2:39 PM
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Triage Check List
Proj IU Name: g, dW,,a 4 'Sh e-"I A w?«e.ns
DWQ#: --t s94
County: '? ?. u?f
To: ? ARO Kevin Barnett ® WaRO Tom Steffens and Kyle Barnes -
FRO Ken Averitte
? WiRO Noelle Lutheran
j ? MRO Alan Johnson ? WSRO Daryl Lamb
j ? RRO Mike Doran
F om: BA &A Telephone : (919) -1 s. 83g 4
The file attached is being forwarded to our for your evaluation.
Please call if you need a' 'stance.
i] Stream length impacted `.?.
?' Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
j ? Fond fill
Mitigation Ratios
Ditching
? Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
I ! ? Is the application consistent with pre-application meetings? -
Q Cumulative impact concern
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Co ents: TVA. dVaAA1
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OFFICE USE ONLY: Date Received
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State of North Caroling NO 2 4 2004
Department of Environment and Natural Resop'rces '' $ 9
Division of Water Quality
OENR - WATER QUALITY
WETUWDS AND STORMWATER H
".`General" Major Variance Application Form -
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential strarclrrres
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.
u Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
a4/ 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 QWQ 4011Wetlands 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. App)isont's name (the corporation, individual, etc. who owns the property):
2. Print Owner/Sig Vi Off
icial person legally responsible for the property and its compliance)
Name:
Title:
Street address: S v,,, rL?. r?
City, State, Zip: L 0
4 A v ? rte., ,c.,,.. L
Telephone: N 3 - aq
Fax: r
Contact person who' can answer questions about the proposed project:
Name: j A ...A-5
Telephone:
Fax:
Email:
I" Variance Applicatipn Form
1: May 2001
i
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4. Project Name ,(Subdivision, facility,; or establishment name -consistent with project name on
plans, specifications, letters operation
and maintenance agreements, etc.5. Project Location:
Street address: w,
City, State, Zip:
A
A
I? County:
Latitude/longitude:
6. Directions to site from nearest major, intersection (Also, attach ,an 8 Yx 11 copy of the portion
of USGS topographic map mdicatin the location of the site):
i ,fir L
, 4 - 7A t CIA-,' 1 1"K, J 'd ?Q I'vP -# ??
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7. Stream to be impacted by the proposed activity:
St eam name (for unnamed streams label a "UT_" to the nearest named stream):
U /LJ 6-r G 1.vA L_ . - C' 11< c l-rz_ . ( -, ?i L_
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: ->c.,?
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
V -?'-) p J?<?? re sS On-site Wastewater Permit
Active Connection to Sanitary Sewer System
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Fart 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
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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.:
2.1 i Ste reasons why thi plan for the proposed activity cannot be practically accomplished,
reduced or,recorfigured to better minimize',, or eliminate disturbance to the riparian buffers:
"'GI neral Variance Application Form, page 2
Ve sion 1: May 2001
As>3?t?,
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-panting vegetation or enhancement of existing vegetation, etc.):
Iciest Ct? C / ?> ?CL? ).? L.t ??; ?// LCD/((Gcw? 7,.s
A PLC .,5-)7-O2 y?/ c , ? ? ? ??1 / sc? ?? +?-? ? ?I,? fs ,yC i ? G.?tiN j ??r??.? c? z.r-K
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4. Please provide an explanation of the; following:
(1) The pra tical difficulties or hardships that would result from the strict application of this
R-ulle. el _?V"7--#4v l?eI.?,? 1 /! <<r? 5- i4lt?c-9,.,,?,.? o? Tts: S ? f_.c ),tom
/?/ v,ti5?f.p ?c:?.,c?./i?us,[.1. /i7t r?lc) ct? .3 bc?Y
c a v? v -?`? c?G
A. IT L?b? I%?Al_ t rb...../ r L-e L L. ?.,?, t? 5 ... 0 <<. e TA N-r 41,11
?C ?--??/ /'r`"`?T?•?' V/1//.? . L/(?fQ O f ?:?' <(.?. ?' L ." U v.?• ?l "CS.?n,?? %s ?-"n C:,/
`] Y!%I c? l ""S Ga ...... Q._. ?. ?/ ?..... ,. f S,._.....0 V..r' . ?. _!'-. Ly G?" ?7 I twoU ?c? C.F
C'zge-c c"-F R ti-i 4 ?t T?+ s P d t),?; o? , s I ,< c??? Si?.?? 1 Lv,l) `lr ?2, > /?R
O ow these difficulties or ards i result from conditions that are unique t l property zC e-
involved. -- .__..._t.__...._...__..__..
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-(-}-if_eewomic hardship is the major consideration, then include a specific explanation of the
sconom. hardships and the proportion of the hardship to the entire value of the project.
°%?" aU e:
7f /Av ;,0001 7oil ,J . 2i G t,?,.? .awl qn? f I c3 d S$ r /?Gwta G yA-.°C,n?
ot fso 13RGIG._. FLI?c( o` /5 /s' ,?da' C v7`d ?? ?fna?>?
t,?--c f ?? s?* f (.? -t??e ti? ,Sow r.?, !!
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.
art 4: Agent Authorization
f you wish to designate,, submittal authority to another individual or firm so that they may provide
nformation on your behalf, please complete (this section:
esignated agent (individual or firm):
ailing address:
..........
ity, State, Zip:
elephone:
eneral" Variance Application Form, page 3
rsion 1: May 2001
" eneral" Variance Application Form, page 4
V rsion 1: May 2001
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1. SUBJECT PROPERTY IS
1 ! ?` a•• 10L LOCATED IN A FLOOD
HAZARD AREX AS DtTEk-
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UNKNOWN.
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DEI MY SUPERVISION FROM AN ACTUAL ;p1go •?
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