20030150 Ver 1_COMPLETE FILE_20030213

o TAR
Michael F. Easley
Governor
4J 1 t- William G. Ross, Jr., Secretary
> -{ Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
March 10, 2003
DWQ Project # 03-0150
Hyde County
Page 1 of 2
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Rodney Mason
P.O. Box 81
Ocracoke, NC 27960
Subject Property: Rodney Mason Property, Lot 1, Section 1, David Tolson Heirs SD, Ocracoke, NC
Pamlico Sound [03-03-07; 29-(40.5); SA HQW]
Dear Mr. Mason:
On February 27, 2003, the Division of Water Quality (DWQ) Wetlands 401 Unit received your response to our
letter dated February 19, 2003. Based on this information, the DWQ has determined that your proposed project
is not eligible for the use of the "General" Major Variance From the Neuse and Tar-Pamlico Riparian Buffer
Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area
Management Act, Approved 51912001 due to the lack of information required under Condition No. 5 of the
General Variance. Condition No. 5 of the General Variance requires that, substantial expenditures and
contractual obligations must have occurred in good faith and made in reasonable reliance upon governmental
permits and/or approvals prior to August 1, 2000. Therefore, unless additional information is provided as
described below, we will have to move toward denial of your request per 15A NCAC 213 .0259(9) and will place
this project on hold as incomplete until we receive this additional information. Please provide us with information
supporting your position that states your project must be constructed as planned and that you have no practical
alternative to impacting these protected. riparian buffers. Specifically:
_ . 1. Zone 1 Impacts
It appears, based on the information provided on February 27, 2003, that the house could be moved to the
southwest, re-positioned or otherwise redesigned such that it does not impact Zone 1 ? Please provide
additional justification as to why the project can not avoid the impacts to Zone 1. If the impacts to Zone 1 can
be avoided, then staff could approve a Minor Variance for the project shortly after receiving the revised plans.
2. Major Variance
If you can demonstrate to the DWQ that the impacts to Zone 1 can not be avoided, then the project will have
to request a Major Variance from the Water Quality Committee of the N.C. Environmental Management
Commission pursuant to 15A NCAC 02B .0259(9). This variance will most likely require buffer mitigation
pursuant to 15A NCAC 02B .0260 and stormwater control (e.g., rain gardens, bio-retention areas, vegetative
filter strips, etc.). The DWQ will advise you on the Major Variance process once the information in Item No.
above has been adequately address.
Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me
and Mr. Tom Steffens of the DWQ Washington Regional Office at [phone]. If we do not hear from you in
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.ne.us/ncwetiands/
Page 2of2
three weeks, we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn. Please call Mr. Bob Zarzecki of this office at [phone] if you have any questions.
Sincerely,
4h' ney,
J
upervisor,
etlands / 401 7Urnfl,WQ
cc: Tom Steffens, DWQ Washington Regional Office
File copy
Central Files
DWO03150
March 10, 2003
bz
1
LOT 1 SECTION 1 DAVID TOLSON HEIRS SUDDIVISION
OCRACOKE NC
SCALE: 1" = 20'
FOR: RODNEY & RHONDA MASON
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
MEMO
DATE: February 27, 2003
TO: John Dorney
FROM: Bob Zarzecki
RE: 030150 Mason General Variance (Coastal Counties)
I need your guidance and interpretation of a variance condition.
Please read the attached letter from Mr. Mason. Condition No. 5 of the general variance for coastal counties requires
that; "Substantial expenditures and contractual obligations must have occurred in good faith prior to August 1, 2000.
Substantial expenditures and obligations must have been made in reasonable reliance upon governmental permits and/or
approvals...".
The Mason's obtained the property (I think it was a gift) in 1980. All other permits and expenditures (otherthan paying
taxes) occurred after August 1, 2000. However, CAMA has informed them that no CAMA permit is required.-to build the
home. Also, buffers aside, the lot configuration (e.g., size, shape, wetland area, well and septic field sites, etc.) is such
that a home (40'x50') could only be situated within a limited buildable area. The limited buildable area lies within 15 to 30
feet from the coastal wetland and as such within the buffers.
Does the fact that no CAMA permit is required to build the home and the lot configuration dictateda limited buildable:area
make them eligible for the use of the general variance because their expenditures and obligations were Made in
reasonable reliance upon governmental permits?
ooyyes? D3
If not, does the proposed building footprint look reasonable or should we requrst additional information a to why they can
not avoid Zone 1?
If it looks reasonable and they're not eligible for the general variance should we start the major variance process,
In either case, would buffer mitigation for Zone 1 impacts, stormwater control (infiltration devices) and no impacts withi
15 feet be suitable conditions? ?r?
6t
?b
dvt .
l
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/nowetiands/
NOIIO39Almn0 u31dM
E001 L 9 83j
? e0?isaN
Dear Mr. Zarzecki and or Mr.Dorney dnod d713M
Thank you for replying to our application. Unfortunately the permits that we had
submitted to you are the only ones we have obtained. We had no idea that the septic
permit dated Nov ,8 2000, and the 401 Certification- 404 Permit dated Dec. 12, 2000
would render us ineligible for the General Major Variance that we applied for. If we
would have know this, we would have applied much sooner for those permits because we
have owned and paid taxes on this property since 1980. Please see enclosed copy of deed.
We also have a considerable amount of money invested in survey work done on the
property that started in Sept. 2000. Building plans for our home have also cost us a
substantial amount of money. We have also paid a well driller a substantial sum to install
a well on our property.
We have tried and tried to figure a better way to position the house more to the south
west on the property, but due to the mandatory locations that have been permitted for the
drain field and well point, and then the well point set back of 25' for the house and 50'
for the drain field,(please see enclosed site plan) we have no choice on being able to
move the house any further to the southwest. We have designed a modest sized home for
this small property. As you can see on the site plan we only have 6939 square ft of
uplands. Zone 1 encompasses approximately 2017 sq ft of that 6939 sq ft. Zone 2
encompasses approximately 1689 sq ft of that 6939 sq ft. That leaves us with 3233 sq ft
for a home site, septic field, and well point. Trying to meet all set backs with this amount
of space left would be virtually impossible The impact of the home into Zone 1 is
approximately 381sq ft. The impact of the home in Zone 2 is approximately 868 sq ft. We
have talked with Terry Moore with Cama, and he has told us that we do not need any
type of Cama permit to build our home. Please advise us as to which permit we now need
to apply for so we may build our home.
T for e
Y Y me ason.
WETLANDS 1401 GROUP
FEB 2 7 2003
WATER QUALITY SECTION
s
LOT 1 SECTION 1 PIWID TOLSON HEIRS SUBDIVISION
OCRACOKE NC
SCALE: 1'' = 20'
FOR: RODNEY & RHONDA MASON
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
February 19, 2003
DWQ Project # 03-0150
Hyde County
Page 1 of 2
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Rodney Mason
P.O. Box 81
Ocracoke, NC 27960
Subject Property: Rodney Mason Property, Lot 1, Section 1, David Tolson Heirs SD, Ocracoke, NC
Pamlico Sound (03-03-07; 29-(40.5); SA HQW]
Dear Mr. Mason:
On February 13, 2003, the Division of Water Quality (DWQ) Wetlands 401 Unit received your request for a
General Variance from the Tar-Pamlico Buffer Rules (15A NCAC 2B.0259). It is unclear whether your proposed
project is eligible for the use of the "General" Major Variance From the Neuse and Tar-Pamlico Riparian Buffer
Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area
Management Act, Approved 51912001 (see attached). Therefore, unless additional information is provided as
described' below, we will have to move toward denial of your request per 15A NCAC 2B.0259(9) and will place.
this project on hold as incomplete until we receive this additional information, Please provide us with information
supporting your position that states your project must be constructed as planned and that you have no practical
alternative to impacting these protected riparian' buffers. Specifically:
1. Governmental Permits
You stated in your application that a wastewater permit was issued for the property on November 8, 2000
and a 401 Certification/404 Permit was received for the property on December 12, 2000. Condition No. 5 of
the General Variance requires that substantial expenditures and?,ontractual obligations must have occurred
in good faith and made in reasonable reliance upon governmenal permits and/or approvals prior to August 1,
2000. Please provide any other septic permits, CAMA permits,Aher governmental permits or evidence of
substantial expenditures or contractual obligations that have beDn received prior to August 1, 2000
If the project is not eligible for the use of the General Varianceand if the impacts to Zone 1 can not be
avoided, then the project will have to request a Major Variancffrom the Water Quality Committee of the N.C.
Environmental Management Commission pursuant to 15A A04C 02B .0259(9). If the project is not eligible
for the use of the General Variance and if the impacts to Z(ne 1 can be avoided, then the project would be
eligible for a Minor Variance approved by DWQ staff. Bott'viriances will most likely require buffer mitigation
and stormwater control. A
2. Zone 1 Impacts
Please provide additional justification as to why the proje, can not avoid the impacts to Zone 1. Sp(
why can't the home be moved to the southwest or otherwe redesigned such that it does not impact
Please provide the area (in square feet) of any imperviot. surfaces (i.e., home, deck, etc.) that are p
North Carolina Division of Water Quality, 401 Wetlands Certifh Unit R#A- 73' /? I
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailingdress)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.st.ne.us/ncwetlands/
Page 2 of 2

within Zone 1 and 2 of the protected buffers. If the project is determined to be eligible for the General
Variance, then buffer mitigation will be required for any approved Zone 1 impacts as per Condition No. 10 of
the General Variance.
Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me
and Mr. Tom Steffens of the DWQ Washington Regional Office at [phone]. if we do not hear from you in
three weeks, we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn. Please call Mr. Bob Zarzecki of this office at [phone] if you have any questions.
Sz-
Sincerely,
panvdissolr'401 Uni, WQ
cc: Tom Steffens, DWQ Washington Regional Office
File copy
Central Files
DWO03150
February 19, 2003
bz
North Carolina • Department of Environment and Natural Resources . Division of Water Ouality • Groundwater Section
1636 Ma"' Service Center • Raleigh, N.C. 27699-ISM-Phone [phone]
WELL CONSTRUCTION RECORD WELL CONTRACTOR:
WELL CONTRACTOR CERTIFICATION 0:
STATE WELL CONSTRUCTION PERMIT: '
1. WELL USE (Check Applicable so:): Residential Municipal ED Industrial O Agricultural 13 Monitoring
Recovery ® Heat PumP Water in(ection ® Other ® If Other. List Use:
2. WELL LOCATION: (Show sketch of the location below) - - -
Nearest Town: - County: --
(Road Name an Numbers. Comew,,nlty, or Subdivision and Lot No.) DR&LINg LOG DEPTO
3. OWNER , c,? ',..gSGyiJ
Address From To Formation scrtpbon
TWi-st or FWJ* N5.7
.r?..?
City or Town Stale Zip bode rJ -- / O
4. DATE DAILLEO ? e3
5. TOTAL DEPTH 14
& CUTTINGS COLLECTED YES O No0
7, DOES WELL REPLACE EXISTING WELL? YES 0 NO[]
8. STATIC WATER LEVEL Below Top of Casing:.-.4- FT.
(Use'v M Above Top of Casing)
8. TOP OF CASING IS,_ FT. Above Land Surface*
'Top of casing (eliminated of/at below land surface requires a variance In accor-
dance with 1SA NCAC 1C "Oita
10. YIELD (SIPm): METHOD OF TEST l ' < L.
11. WATER ZONES (depth): /0 - 42- j
12. CHLORINATION: Type Amount it additional apace Is needed use back of form
13. CASING:
Web Thickness
Depth t 0, ter or WNOKVFt. i
G
From
?
T
10 Ft LOCATION SKETCH
(Show direction Orel distance from at least two State
.
r
o
: Roads, or other map reference polntm)
From----.......,- To FL.-____? o.
From -To Ft.__?M
14. GROUT:
Depth Material Method
From .? _._ To 4.4 ,... _ Ft.
From -To -Ft.
15. SCREEN:
Depth Di mor Slot Size M
rrtal
a
t
e
n
??
'
'
From To ? Ft In. '>?C In..,t: ll,L . .
From To Ft. In. -In.
From To Ft. In. in.
16. SAND/GRAVEL PACK:
D tit Sizer Material
From W
f y? Ft...? ?....
/
From To Ft. -?---? - -- ----
17. REMARKS: _
_-
I DO HEREBY CERTIFY THAT THIS WELL WAS CONSTRUCTED IN ACCOftO t t 2C. WELL
CONSTRUCTION STANOAROS. ANO T14AT A COPY OF ? WRSHAS f? TO THE WELL OWNER.
V _-0
FOR OFFICE USE ONLY
Owed No, E OF PERSON CONSTRUCTING THE WELL OATS
Subffe b or water ouarty. ®rounowater session within 30 days
. t3eAal f40, OW-1 R£Y. 11/9!
a
F -
OFFICE OF REGISTER OF DEEDS
HYDE COUNTY
S1-JAN QUARTER, NORTH CAROLINA 27885
September 9, 1980
Rodney Mason
Ocracoke, NC
Dear Sir:
Enclosed you will find a auitcla„m deed from
Hettie Tolson Johnson and others to . Rodney Mason
which was presented for registration on the 20thday of August ,
i 980.
This instrument has been properly recorded and indexed
and appears of record in this office in Book jj2 , page h7?
espectfully,
Lora Mooney 'morons
Register of Deeds
Hyde County, North Carolina

.' .
NORTH CAROLINA
HYDE COUNTY
THIS. DEED, made this the `day of ?fZ4 ,
1980, by Hettie Tolson Johnson and Husband, James B. hnson, of
the County of Martin, State of North Carolina, Howard Sylvester
Tolson and wife, SaraO L,. Tolson, David Glenn Tolson, Unmarried,
and Leonard Mack Tolson, Unmarried, all of the County of Hyde, I
State of North Carolina, parties of the first part, to Rodney
Mason, of the County of Hyde, State of North Carolina, party of
the second part, WITNESSETH: I
THAT SAID parties of the first part, for and in
consideration of the sum of One Dollar to them in hand paid,
the receipt of which is hereby acknowledged, have remised and
released and by these presents do remise, release, and forever
quitclaim unto the party of the second part and his heirs, and
assigns, all right, title, claim, and interest of the said
parties of the first part, in and to that certain lot or parcel
of land located in Ocracoke Township, Hyde County, North Carolina
the same being Lot No. "1" shown on map entitled "Map of David
Tolson Heirs Subdivision Section 1", prepared by E. B. Grant, Jr.,i
R. L. S., under date of February 4, 1980, a copy of which is of
record in the office of the Register of.Deeds of Hyde County,
North Carolina, in Plat Cabinet B, Slide No. , and which
is made a part hereof for the purpose of description.
This tract of land was owned.by David Sylvester Tolson
at the time of his death. He left surviving him as his sole
heirs at law, four children, namely, Hettie Tolson Johnson,
Howard Sylvester Tolson, David Glenn Tolson, and Leonard Mack
Tolson. The parties of the first part believe it was David i
Sylvester Tolson's intention that Rodney Mason have a portion of
his real estate, therefore, each of them are joining in the
execution of this deed to give effect to the intention of their
father. j
TO HAVE AND TO HOLD the aforesaid lot or parcel of land
and all privileges and appurtenances thereunto belonging to him,
the said party of the second part, his heirs, and assigns, free
and discharged from all right, title, claim, or interest of the
said parties of the first part or anyone claiming by, through, or
under them.
IN TESTIMONY WHEREOF, the said parties of the first
part have hereunto set their hands and seals, the day and year
first above written.
r?>(SEAL)
Jal
Hettie Tolson Johnson
r +'; (SEAL)
Ja es B. Johnson
max,
t.:.???:...._-( SEAL )
Howard Sylvest Tolson
(SEAL)
Sarari ?.. Tolson
DAVIS & DAVIS
ATTORNEYS AT LAW
SWAN QUARTER, N. C.
(SEAL)
David Glenn Tolson
SEAL )
Leonard Mack To s n
DAVIS & DAVIS
ATTORNEYS AT LAW
;WAN QUARTER. N. C.
, a Notary Public of
the County of to of North Carolina, do herek
certify that Het- Tolson Johnson and husband, James B. Johnson,
personally appeared before.me this day and acknowledged the due
execution of the foregoing deed.
STATE OF NORTH CAROLINA
COUNTY OF
fi n"
I
Witness
of (1 6 li'Az ,
my hand and Notarial Seal, this the
1980. r,
G2-6(day
X16
?w i 1t iv Y?J _
My commission expires:
VV
Lr
STATE OF NORTH CAROLINA
COUNTY OF
T ??` +.`lt 9i xr ?•JQ8 pfd ? `
I, LA i F Vv \1 M a Notary'
Public of the County of N)j h L State of North
Carolina, do hereby certify that Howard Sylvester Tolson and wife,
SaraH L. Tolson, personally appeared before me this day and
acknowledged the due execution of the foregoing deed.
Witness my hand and
day of 1980.
My commission expires:
STATE OF NORTH CAROLINA
COUNTY OF
Notarial Seal, this the
C ??:? 1 R .?VV
NoA
0
J ?
I 19 i r-- 8 . 1N c/ , a Notary
Public of the County of State of North
Carolina, do hereby certify that David Glenn Tolson, per
appeared before me this day and acknowledged the due.gX' '
of the foregoing deed. Y ??,
Witness my hand and Notarial Seal, th?.s
day of °J u 1 , 1980. '
My commission expires: q? _ .7-1 / 1919,1-
f;
?,r?al ly
ttip't
7
f?

SVATE OF NORTH CAROLINA I
yCOUNTY OF J`? y p ,C
I, )-)3A); 13 ZN AV a Notary
Public of the County of State of North
Carolina, do hereby certify that Leonard Mack Tolson, personally
appeared before me this day and acknowledged the due execution
of the foregoing deed.
Witness my hand and. Notarial Seal, this the.
day of 1980.
Notary ?G R ?
40
My commission expires:
NORTH CAROLINA}
HYDE COUNTY
The foregoing certificates of
a Notary Public of th County of , State Nort
ca Tina, of a Notary Public
6T- L?Q 7 State cf North Carolina, of
o the Cunt
a Notary Public of the County
o , State of North Carolina, and of
U , a Notary Public of the
unty of State of North.-Carolina, together with
their respective otarial Seals attached, are certified to be
correct. This instrument was presented for registration this day
and hour and duly recorded in. the office of the Register of Deeds
Hyde Count , North Carolina, in Real Estate Book ??---, at
page
This the day of ?. 1980, at F
o'clock, ?. M.
c a_ G ?
e ister of D eds
Hyde County, North Carolina
IS & DAVIS
tNEYS AT LAW
?UARTER. N. C
:)f
S'S+-
1 wH r? W1111-1 1. I....Y, vwcuw?
0 William G. Ross Jr., Secretary
\0 I G North Carolina Department of Environment and Natural Resources
GO Alan W. Klimek, P.E., Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Fax To:
Company:
Number of pages including cover sheet: 3
Notes or special instructions:
Date: Z • Z` • c
•? (nemtraLo 044 o V4riar?t.C - COVS? t+? ? y.

N. C. 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) 7334786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
Contact Information: Phone #: [phone]
Fax #: [phone]
L ?? Stile. ?Zc: ??..?., 'Mw,.,^ o p?? ?i Fax #: 25 Z • 9 Zts • 300z
" General" MAJOR VARIANCE
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 that meet the conditions stated below.
This "general" major variance from the Riparian Buffer Protection Rules in the Neuse
(15A NCAC 2B .0233) and Tar-Pamlico (15A NCAC 2B .0259) River Basins is hereby issued by
the NC Environmental Management Commission (EMC) for impacts to the protected buffers as
long as the conditions prescribed below are met.
The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ
"General" Major Variance Application Form that describes how the following conditions of this
variance will be met. If these conditions can not be met, an individual Major or Minor Variance
from the Buffer Rules may be sought from the EMC. This "General" Major Variance shall expire
on April 11, 2006 unless it is renewed before that time by the EMC.
Conditions:
1. The residential lot must be located within one of the coastal counties as defined
by the Coastal Area Management Act (CAMA).
2. Applicants must show that they have met the requirements for a variance as
specified in the buffer rules in "VARIANCES" [15A NCAC 2B.0233(9)(a)(i)-
(iii) and 15A NCAC 2B .0259(9)(a)(i)-(iii)] for the specific river basin where the
impacts will occur.
3. Applicants must show that the residential lot has been platted and recorded prior
to August 1, 2000.
4. Construction is for residential buildings and related structures such as garages;
decks, porches, attached commercial buildings, driveways and sheds.
5. Substantial expenditures and contractual obligations must have occurred in good
faith prior to the August 1, 2000. Substantial expenditures and obligations must
have been made in reasonable reliance upon governmental permits and/or
approvals (such as 401 Water Quality Certifications, CAMA permits, active
connection to an existing sanitary sewer system or local on-site wastewater
system approvals). Supportive written documentation must be submitted to the
DWQ for review.
6. The lot must be buildable, without wetland impacts except for driveways and/or
utility crossings and any impact to the buffer shall be minimized to the maximum
extent practical.
7. Where impacts to the buffer will occur, the impact should be minimized to the
greatest extent practicable as determined by DWQ staff.
8. Any on-site wastewater treatment must not be located within 50 feet of a surface
water as specified in "ZONES OF THE RIPARIAN BUFFER" [15A NCAC 2B
.0233(4) and 15A NCAC 2B .0259(4)] of the buffer rules. The only exceptions
include any pretreatment systems meeting the Treatment Standard 1 as found in
15A NCAC 18A .1969 Innovative System Approval regulated by the NC %
Division of Environmental Health, On-site Wastewater Section.
9. On-site stormwater management controls must be shown on the application and
stormwater runoff must be directed away from the adjacent surface water and/or
coast wetland as determined sufficient by DWQ staff; measures such as rain
gardens, bio-retention areas, vegetative filter strips and planting of trees or shrubs
along bulkheads and/or property lines to maximize pollutant removal may be
required as determined by DWQ staff. If the applicant is required to obtain a
Sedimentation and Erosion Control Permit or a CAMA Major Permit, then a
Stormwater Permit may be required from the DWQ.
10. Mitigation will be required at a 1:1 ratio for impacts to Zone 1. This mitigation
can be accomplished by either (1) payment into the Riparian Buffer Restoration
Fund (administered by the DWQ Wetlands Restoration Program), (2) planting or
protection of a riparian area not subject to the buffer rules, or (3) additional
planting of a partially buffered location on-site or in close proximity to the
impacted area. Mitigation plans must be approved in writing by the DWQ prior
to construction.
11. The applicant must receive written approval from the DWQ based on the
submittal of the "General" Major Variance Application Form acknowledging that.
these conditions have been met before any impacts occur to the riparian buffer.
12. The applicant must contact the appropriate District office of the N.C. Division of
Coastal Management or Local Permitting Officer for any current requirements
for CAMA Major, Minor or General Permits. In addition, the applicant must file
(if needed) an application with the Local Health Department for an on-site
wastewater system prior to any site construction. The Improvement Permit and
the Construction Authorization is required to be issued prior to any other building
or construction permit [Ref. G.S. 130A-338].
Signed:
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission
Effective Date: /0 ?A a 00
" General" MAJOR VARIANCE
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 that meet the conditions stated below.
This "general" major variance from the Riparian Buffer Protection Rules in the Neuse
(15A NCAC 2B .0233) and Tar-Pamlico (15A NCAC 2B .0259) River Basins is hereby issued by
the NC Environmental Management Commission (EMC) for impacts to the protected buffers as
long as the conditions prescribed below are met.
The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ
"General" Major Variance Application Form that describes how the following conditions of this
variance will be met. If these conditions can not be met, an individual Major or Minor Variance
from the Buffer Rules may be sought from the EMC. This "General" Major Variance shall expire
on April 11, 2006 unless it is renewed before that time by the EMC.
Conditions:
1. The residential lot must be located within one of the coastal counties as defined
by the Coastal Area Management Act (CAMA).
2. Applicants must show that they have met the requirements for a variance as
specified in the buffer rules in "VARIANCES" [15A NCAC 2B .0233(9)(a)(i)-
(iii) and 15A NCAC 2B .0259(9)(a)(i)-(iii)] for the specific river basin where the
impacts will occur.
3. Applicants must show that the residential lot has been platted and recorded prior
to August 1, 2000.
4. Construction is for residential buildings and related structures such as garages,
decks, porches, attached commercial buildings, driveways and sheds.
5. Substantial expenditures and contractual obligations must have occurred in good
faith prior to the August 1, 2000. Substantial expenditures and obligations must
have been made in reasonable reliance upon governmental permits and/or
approvals (such as 401 Water Quality Certifications, CAMA permits, active
connection to an existing sanitary sewer system or local on-site wastewater
system approvals). Supportive written documentation must be submitted to the
DWQ for review.
6. The lot must be buildable, without wetland impacts except for driveways and/or
utility crossings and any impact to the buffer shall be minimized to the maximum
extent practical.
7. Where impacts to the buffer will occur, the impact should be minimized to the
greatest extent practicable as determined by DWQ staff.
8. Any on-site wastewater treatment must not be located within 50 feet of a surface
water as specified in "ZONES OF THE RIPARIAN BUFFER" [15A NCAC 2B
.0233(4) and 15A NCAC 2B .0259(4)] of the buffer rules. The only exceptions
include any pretreatment systems meeting the Treatment Standard 1 as found in
15A NCAC 18A .1969 Innovative System Approval regulated by the NC
Division of Environmental Health, On-site Wastewater Section.
9. On-site stormwater management controls must be shown on the application and
stormwater runoff must be directed away from the adjacent surface water and/or
coast wetland as determined sufficient by DWQ staff; measures such as rain
gardens, bio-retention areas, vegetative filter strips and planting of trees or shrubs
along bulkheads and/or property lines to maximize pollutant removal may be
required as determined by DWQ staff. If the applicant is required to obtain a
4
February 19, 2003
DWQ Project # 03-0150
Hyde County
Page 1 of 2
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Rodney Mason
P.O. Box 81
Ocracoke, NC 27960
Subject Property: Rodney Mason Property, Lot 1, Section 1, David Tolson Heirs SD, Ocracoke, NC
Pamlico Sound [03-03-07; 29-(40.5); SA HQW]
Dear Mr. Mason:
On February 13, 2003, the Division of Water Quality (DWQ) Wetlands 401 Unit received your request for a
General Variance from the Tar-Pamlico Buffer Rules (15A NCAC 21 .0259). It is unclear whether your proposed
project is eligible for the use of the "General" Major Variance From the Neuse and Tar-Pamlico Riparian Buffer
Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area
Management Act, Approved 51912001 (see attached). Therefore, unless additional information is provided as
described below, we will have to move toward denial of your request per 15A NCAC 2B.0259(9) and will place.
this project on hold as incomplete until we receive this additional information. Please provide us with information
supporting your position that states your project must be constructed as planned and that you have no practical
alternative to impacting these protected riparian buffers. Specifically:
1. Governmental Permits
You stated in your application that a wastewater permit was issued for the property on November 8, 2000
and a 401 Certification/404 Permit was received for the property on December 12, 2000. Condition No. 5 of
the General Variance requires that substantial expenditures and contractual obligations must have occurred
in good faith and made in reasonable reliance upon governmental permits and/or approvals prior to August 1,
2000. Please provide any other septic permits, CAMA permits, other governmental permits or evidence of
substantial expenditures or contractual obligations that have been received prior to August 1, 2000.
If the project is not eligible for the use of the General Variance and if the impacts to Zone 1 can not be
avoided, then the project will have to request a Major Variance from the Water Quality Committee of the N.C.
Environmental Management Commission pursuant to 15A NCAC 02B .0259(9). If the project is not eligible
for the use of the General Variance and if the impacts to Zone 1 can be avoided, then the project would be
eligible for a Minor Variance approved by DWQ staff. Both variances will most likely require buffer mitigation
and stormwater control.
2. Zone 1 Impacts
Please provide additional justification as to why the project can not avoid the impacts to Zone 1. Specifically,
why can't the home be moved to the southwest or otherwise redesigned such that it does not impact Zone 1 ?
Please provide the area (in square feet) of any impervious surfaces (i.e., home, deck, etc.) that are proposed
ware
ff??QG
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
99101h_ , Alan W. Klimek, PE, Director
Division of Water Quality
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.nG.us/nowetlands/
Page 2 of 2
within Zone 1 and 2 of the protected buffers. If the project is determined to be eligible for the General
Variance, then buffer mitigation will be required for any approved Zone 1 impacts as per Condition No. 10 of
the General Variance.
Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me
and Mr. Tom Steffens of the DWQ Washington Regional Office at [phone]. If we do not hear from you in
three weeks, we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn. Please call Mr. Bob Zarzecki of this office at [phone] if you have any questions.
Sincerely,
VDO?Y?
rvisor,
Inds / 401 Uni WQ
cc: Tom Steffens, DWQ Washington Regional Office
File copy
Central Files
DWO03150
February 19, 2003
bz

February 2,2003
Mr. Tom Stephans 103 0150
943 Washington Square Mall -
Washington,NC. 27889
Re: General Major Variance for Lot 1 Section 1
Tolson Heirs Subdivison Ocracoke Townshin i
27960
FEB 0 5 2003
Dear Mr. Tom Stephans - rrRteR t?tlAitT? _?I
My Wife and I are submitting a General Major Variance application for the construction of a residential
structure on a barrier island Pamlico Sound Side Lot 1 Tolson Heirs Subdivision Ocracoke Township.
I Rodney Mason inherited this property twenty five years ago with the intentions of constructing a three
bedroom, two bath single family residence on the lot and minimize impacts in the Tar Pamlico Buffer and
existing wetlands. A wastewater permit was issued 11-08-00. The location of the wastewater system and a
water well is the only possible option." Due to the other set backs",and therefore is dictating the placement
of the residence. There is only 381.276 square feet in the zone l,mostly of which is open deck, very little
would be impacted by the proposed residence.
There will be a great economic hardship as a result of a strict interpretation of the buffer rules. There is a
large amount of money that is unrecoverable at this point, which includes architectural fees, engineering
fees, survey fees, and professional services, regarding environmental permitting.The lots on a barrier island
are already very small to work with. Every effort has been made to relocate the proposed residence and
drainfield to accommodate the setback requirements associated with the Tar-Pamlico Buffer rules, but the
wastewater system and well sight is very sight specific and is in the only location possible for this lot.
Thank you for your time and attention to this matter. If you have any question, or require any additional
information please contact us at the number's below.
Sincerely,
Rodney and Rhonda Mason
Cc: Rodney Maso [phone]
Larry e [phone]
e,c 40
tJJ0i' (OJI UL-t ?6 oKe
Rodney Mason
FMBW8I
T,, "7
OFFICE USE ONLY: Date Received
Request #
State of North Carolina `EEB 3 5 2003
Department of Environment and Natural Resources
Division of Water Quality
"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.
o 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, 9650 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 ( oration, individual, etc. who owns the property):
2. Print Owner/Signih` g? i ' (person legally responsible for the property and its compliance)
Name: sr?--- - -- ._ .. - - - -- -- - - ._ _ .-- - -- - .._. _ _. _..
Title: W±he. _._. - -...._.
Street address:
City, Skate, Zip: -Q.-19- +?
Telephone: (oZ)... off-. "70$
Fax: -- - -
3. Contact person who n answer questions about the proposed project:
Name:
Telephone: -)_.
Fax: QSQ-) '-
Email:
"General" Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
p ecifications, letters, operatign a d mainte ance agreements , etc. t:
QC1
5. Project Location:
Street address:
City, State, Zip: Leo
County:
d? .
Latitude/longitude
6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the portion
of the USGS to o phic map in ' Ming the location of the sje)
ra 1
7. Stream to be impacted by the proposed activity:
S ame (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-Pamiico)j: -_...._...S.A. --
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
,LAMA Major
CAMA Minor
1(_ _. l..... t, DO 401 Certification/404 Permit
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 impact in ft's`.: (? '`' .Z z•
?-S_4cS ......1. ?... _.u?. . _i oR - - ?.r?- ?e._• _.. -11c?'?, .__.l_ _. ._ _ ..
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

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-plating etation or enhance en of existing vegetation, etc.):
__ 's __ cs-_rrvo-ck
- cas (r??st1?1 _ S -
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. (2) How these difficulties or hardships result from conditions that are unique to the property
invol d.
w
Alt
___.._.._---- ------_....---------
(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-
-J __._... a _......__._? ??,.
-----_!?..,??--max--
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 orfirm):..__- ........... .__
Mailing address: - - ---? CS ,. -- •- - - -- --- -
City, State, Zip:
Telephone:
"General" Variance Application Form, page 3
Version 1: May 2001
Fax:Sa$."..IOOa,._
Email: ly?A
Part 5: Applicant's Certification
l. --a`!Ney-..-1?*--_C ............. ......_...---.. _.........------. (print or type name of person
listed in Part I, Iterh 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
condition,.
Signaturlle:
Date:
Title: t10,my, _ ..
NC Division of WaWf {duality (DWQ)
+01 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
11750 ivlail Service Center (MAILING ADDRESS)
Raleigh, NC 27699--W50
[phone] (phone:)
http:iir r"<o. enr_strte. nC:. uS/nC4VBilarl%15%
RALEIGH REGULATORY FIELD OFFICE
US Array Corps of Engineers
6508 Falls of the Neuse Road, Suite '120
Raleigh. North Carolina 27615
General Number: (919) 876-8=141
f Ittl.r:ilvuww.: aav. usace. arnry.rail/vveti ands/regtour. htrrr
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889.1000
General Number: (252) 975-"16,16
i rttpahr:vwv.s;avv.usace.?.urriy. rniltweil<:rnds/re?tour.htrn
Washington District Office
Division of Coasta i I'vianaige ryient
943 Washington SCILlafe Mall
Washington, NC 27889
phone: 252i946-6481
Morehead City District Office;
Division of Coastal Management
151-8 Highway 24
Morehead City, NC 28557
phone: [phone]
"General" Variance Application Form, page 4
Version 1: May 2001
Complete items 1,2,,and 3. Also complete
item 4 if Restricted Delivery is desired.
i print your name and address on the reverse
soAhat we can return the card to you.
¦ Attach-this card to the back of the mailpi ,
or on the front If space permits.
f. Article addressed to: 4y e ou n+ 1
'Rod ncj (mason
PCO -BoxSI
Ocracoke, I?_tC- 2-71quo
'OuJ4# 03-0I50
Agent
? Adtlre
c.-Date of Deli
D. Is delivery address different from item 1? , 13 Yes
If YES, enter delivery address below: kNNo
3. Service Type
C Certified Mail ? Express Mail
0 Registered O'f3etum Receipt for Merchandis
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) '? Yes
2. Article Number - -
?ransfertromservice 7002 3150 0004 9315 2523
orm 1; A6bu t 16011 i i I do esti? R°e4 A e elpt i i i 11 t+
102595-02- , -
UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
LISPS
Permit No. G-10
• Sender: Please print your name, addrej, and ZIP+4 in this box •
23Z) CI-cb? rr-c 'J?VC?. Sut?e 25d
ZaQQt 1-? RC_ 2 T -o0y
5
.9 1 }tt?t:}.?t?i1???tt?liru?tt??t}t}at}?}t}}tote}}tt.}t}e}}.t:erri}?t?
w
Q rUK: KUVINL Y N KHUINVA IVIAt)UIN
LOT 1 SECTION 1 DAVID TOLSON HEIRS SU13DIVISION
OCKACOKE NC
SCALE: 1'' = 20'