20041963 Ver 1_COMPLETE FILE_20041229

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 28, 2005
Jamie C. Van Essendelft
135 Topping Lane
Belhaven, NC 27810
Subject Property: 135 Topping Lane, Belhaven, NC 27810
Pungo Creek [03-03-07, 29-34-35, SC NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1963
Beaufort County
Page 1 of 2
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 Mr. Essendelft:
You have our approval, in accordance with the conditions listed below, to impact approximately 780
square feet (fta) of Zone 2 of the protected riparian buffers for the purpose of constructing a residential
home on the subject property as described within your application dated December 8, 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. 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.
2. 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 .0259(5). No new ditching or piping of stormwater through the protected buffers is
allowed.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
Noce hCarolina
)atumily
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Jamie C. Van Essendelft
Page 2 of 2
January 28, 2005
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 Tar-Pamlico River Riparian
Buffer Protection Rules (15A NCAC 2B .0259 (9)(b)). Please call Mr. Kyle Barnes at [phone]if
you have any questions or require copies of our rules or procedural materials.
AWK/CBK/bz
Enclosures: Coastal General Variance
Certificate of Completion
Sincerely,
t) ? ? ??/
Alan W. Klimek, P.E.
cc: Kyle Barnes, DWQ Washington Regional Office
DCM Washington District Office
File Copy
Central Files
Filename: 051963
imap: //bob. zarzeeki%40dwq. denr.ncmail. net@ems. ncmail. net:143/fe...
Subject: Variance reviews
From: Kyle Barnes <[e-mail]>
Date: Wed, 08 Dec 2004 15:30:25 -0500
To: Bob Zarzecki <[e-mail]>
Bob, There are two reviews in route to you:
G. William & Cynthia S Porter
Pamlico 11/23/04 12/08/04 NRB Gen Maj. Var Issue cond: Disturbed
areas C,D,E on vicinity map are restored
to VanEssendeft
Beaufort 12/08/04 12/08/04 TPRB Gen. Maj. Var Issue normal
conditions
No significant issues with either one, cut-n-dry.
Also, Manfred Knobel's variance(04-1595) can be written. He satisfied his issues with
the letter he sent on Nov. 22, 2004.
Any questions just call.
Kyle
1 of 1 12/10/2004 9:19 AM
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality 041963
RECEIVED
DEC 8 2004
"General" Major Variance Application Form - ????
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential s
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)
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 4011Wet/ands 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 P@RWRI
(Please include attachments f the room provided is insufficient)
1. Applicant's name (the coloration, individual, etc. who owns the property): DEC 0 9 2004
???-r :?1 x : r 11 )rte J , . '',V,: n 1"'.S 5e/ -ri C I-C.
2. Print Owner/Signing Offici;
Name: c
Title:
Street address: I?`
City, State, Zip:
Telephone: (a°?a)
Fax:
Contact person who can a
Name: , ),
Telephone: l6_5 Z )
Fax:
Email:
WETOMii AND S1ORMW
(person legally responsible for the property and its compliance
r, i C_ r.. Vnn F r-vi e i-? -?
about the proposed. project:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
pl.g?sI, specifications, letter , operation and main enance agreements, etc.):
Gk } eSiden-}ictl ' rY1e- r ibnn mac ?l:?r,E55cndc {?
5. Project Location:
Street address:
City, State, Zip:
County:
LatitudeAongitude: "J o o?q. V7 3 8 '?y Q2& ` 40 , 633 3
6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the USGS
to ographic map indi ing the to t?f site):
N_ -'r PA
U n n- -b
I- i
n rne. .
-TE,Q Doi lo,
1 7-
et-d C+- ) one- On l + .
7. Stream to be impacted by the proposed activity:
Strom name (for unnamgd streams, label as "UT" to the nearest nariRed stream):
Stream eltassification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]:
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
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
o buffer Impact in ftZ.:
' C. n o o cagal . 71e po
f ?1a(C 1 i Nn U, Q r•-? o, 17; 7,--V. r -, r-,-iP 7 n-? o _ -9 1--.r..
lk I P bp- re rhoL>-_P r Zone - Zone 2 . ?U
2. State reasons why this pan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
Q?
hr? s,"+
r Lr-s kaLre
w ?r Se?,e?c
'}i?'nC5 Pro iru m-'Zg' 7-00t .9, bo ri c.s C.?5 r A_u-C n C'.;B pasis; ble,. Pius &.51: n V4+ parr: l 'S
3. Description of any best management practices to be used to control impacts associated with )let& CZ
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, b f_ 'i key p?
re-planting vegetation or enhancement of existing vegetation, etc.):
had rc c ) one Z bor?c?-rs .
-
n , ryn\ QnQ) .
nc-U ' bu j C ,,in p i'C n(-I-
1.4,4 hou'?C
Variance Request Form , page P I'
Version 1: February 2000 Uj)A4 I i`-}fink drc n I. rr,), GAS u'c i
?S ,?Jrctti r N K4 c?anoL ( a L--nQA (-DprJ-)
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
CD rC,hO,_w (Q.rv? ? n ]_q4 8 a?1 _ C?c?bl
or hardships sulltt frA c?Sn id11i0 s
QV to m rnrc.
unique to the i
U- hIn a.
5Cp 4r Q5 -f D
ink ? CQn not
in b 6aj
?RJ?S(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the h rdship to the entire value of he project. UA
" J ' c- ca r??cd? ,
n , rr?e.
5CLC r t-Rt o.. 6rerr1-. ?6Yre ?S -?v ?' w }? r? ? d? Il•tS Q 5 ? riu c_l? o S
`?. ' bke • Owr\c r 5 also ? CL l e
Part 3. Deed Restrictions fir, R.,- C r?e el ?, c?,?d' r? ??,e. bo;?„ ? ?c
nR a r n0.Y r ( , l? l'1 1, (\O- A
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
1, (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: r ?, 1A(]Llr\
Date:
Title:
Variance Request Form, page 3
Version 1: February 2000
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1 ' °ARCEL DEPICTED HEREON IS LOCATED IN SPECIAL FLOOD
h:ZARD 2DNE 45. EL 8 !AREA OF 100 YEAR FLOOD 1, ACCORDING
TC BEAUFORT COUNTY F.I.R.M. CP• 370013 0435 B.
2 1 STATE OF NORTH CAROLINA CLAIMS TO MEAN HIGH WATER
L1h4y OF PUNGO CREEK.
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EXISTING IRON
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R.'W = STREET RIGHT-OF-WAY
h/= = NOW OR FORMERL Y
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W = WATER METEP
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OVERHEAD UTILITIES
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