20031466 Ver 1_COMPLETE FILE_20031119

W A TF9 Michael F. Easley, Governor
O? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E. Director
"I Division of Water Quality
p ?
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 15, 2004
DWQ # 03-1466
Beaufort County
Mitchell Layne Pollard
794 Brooks Road
Bath, NC, 27808
Subject Property: Mitchell Layne Pollard residence
Back Creek 03-03-07, 29-19-9 (1)
APPROVAL of Tar-Pamlico River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0259(9)(b)]
Dear Mr. Pollard:
You have our approval, in accordance with the conditions listed below, to impact approximately 800 square feet (ft2 ) of
Zone 2 of the protected buffers to construct a residence at the subject property as described within your variance request
dated November 1, 2003 and received by the Division of Water Quality (DWQ) on November 19, 2003 and as modified
herein. Impacts to Zone .2 shall include 250 square feet for the home to be located as proposed and relocation of majority
of proposed driveway out of zone 2 such that no more than 550 square feet of the drive enters zone 2 for a total of 800
square feet of impacts to zone 2. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B
.0259(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
regulations.
This approval is only valid 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. For
this approval to be valid, you must follow any conditions listed below.
Conditions:
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B .0259) 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. The water line shall be relocated out of Zone 1. The use of
heavy equipment shall be minimized in Zone 1 as much as possible.
2. Buffer Mitigation (WRP)
You are required to mitigate for impacts to the protected riparian buffers. Mitigation of impacts to Zone 2 shall
include 250 square feet for the home to be located as proposed and relocation of majority of proposed driveway
out of zone 2 such that no more than 550 square feet of the drive enters zone 2 for a total of 800 square feet of
impacts to zone 2 to be mitigated at the required ratio of 1.5:1.The required area of mitigation to compensate for
impacts to the protected riparian buffers is 800 square feet as required under this variance approval and 15A
NCAC 2B .0259. We understand that you wish to make a payment into the Riparian Buffer Restoration Fund
administered by the NC Wetlands Restoration Program (WRP) 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
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/
Page 2 of 2
15A NCAC 2B .0259, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 213
.0259(9)(C). Until the WRP receives and clears your check (made payable to: DENR - Wetlands Restoration
Program Office), no impacts specified in this variance approval shall occur. Mr. Ron Ferrell should be contacted
at [phone] if you have any questions concerning payment into the WRP. For accounting purposes, this
variance approval authorizes payment into the Riparian Buffer Restoration Fund to compensate for 1,200
ft2 (required 1.5:1 mitigation ratio) of required riparian buffer mitigation for impacts to 800 ft2 of protected
riparian buffers; 03-03-07, 29-35-6, 29-(40.5) Tar-Pamlico river and subbasin."
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 .0259) 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.0259(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, 27699-1.650.
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 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. Bob Zarzecki at [phone] if you have any questions or require
copies of our rules or procedural materials.
Sincerely,
cr-le4y4_1
Alan W. Klimek, PE,
Director, DWQ
AW K/cbk
cc: Stephen Lane, DWQ Washington Regional Office
File copy
Central Files
03-1509
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Mitchell layne Pollard County Beaufort
Project Number 03 1466 County2
Recvd From APP Region Washington
Received Date 11/19/03 Recvd By Region
Project Type single family home
Certificates Stream Stream Impacts (ft.)
Permit Wetland. Wetland '..Wetland Stream Class Acres i Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. Him
TPBR BuffersF-770 N I - 29-19-9-(1) SC NSW 30,307. F_ F- ?-
1--?- OY ON ( I -?I -F_ F_ F__ F_ I?
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
It is recommended to issue the variance with the following conditions:
1) The water line be relocated out of Zone 1.
2) The use of heavy equipment be minimized M zone 1 as much as possible.
3) Mitigation of impacts to Zone 2 to include 250 square feet for the home to be located as proposed
and relocation of maiori of proposed driveway out of zone 2 such that no more than 550 squ1 re feet
of the drive enters zone 2 for a total of 800 square feet of impacts to zone 2 to be mitigated at the
appriate ratio of 1.5:1. - SDL 1/8/04
cc: Regional Office
Central Office Page Number 1
I

Triage Check List
Date: tI. 2-4. 03 Project Name: MAAW LM149 Po Il ard-
DWQ#: r3 466
. &
County: 0 , ,,
To: ? ARO Mike Parker WaRO Tom Steffens
? FRO Ken Averitte WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Steve Mitchell
From: b Telephone : (919) _731- t76 (o
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
K Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
Pond fill
? Mitigation Ratios
? Ditching
? . Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
f 4 1 4 1
OFFICE USE ONLY: Date Received Request #
State of North Carolina WETLANDS /401 GROUP
Department of Environment and Natural Resources 4 .,
Division of Water Quality ()314 NOV Y 9
? ? 2003
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
? Neuse River Basin: _ Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
P/Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B.0259)
? 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. Applican 's name (the corporation, individual tc. v?ho owns the property):
Al 4
2
Print Owner/Signing Official
Name: rlv\1i
Title:
Street address:
City, State, Zip:
Telephone:
Fax: f )
3. Contact person who can an
Name: I
_
Telephone: 9 -r-Z)
Fax: ( )_.
Email:
rson legally responsible for the prop an its compliance)
questions about the?proposed project:
Ik C N.4//G..P.4
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans,Mecifications, letters, operation and maintenance agreements, etc.):
Version 2: November 2002

5. Project Location:
Street address:
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): /
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
-i l ?1 -F>ac. k G-ec k-
Stream classification [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) 5,-_- 2ncla se 5
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
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 W.]: /?l l y
% --
S e U 41
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to bett minimize or eliminate disturbance to the riparian buffers:
Ilia" I I hUn Z ------
Variance Request Form, page 2
Version 2: November 2000

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.):
_ a -- S ?+ /7 See o ('y r- / ' / a7 vas . ?n 1%;?r e ?d
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
D"le
(2) How these difficulties or hardships result from conditions that are unique to the property
involved: t .1 11,e cl /10 '1
o U 5 a _ .? ?4 n t YhL)C- IL S /YlG l .e 4 0 U .j ?r_
(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.
yV e w : ' f o os .e rA,49 n .Q q ??om S$/J ??rJ ,E r 2?A lb I-

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): h r, le e- A a Sv u _Y' a A
Mailing address:
City, State, Zip:
Telephone: _
Fax:
Email:
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000

C r -, lla `J (print or type name of person
listed in [fart I, Item 2j, 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
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to 'A 'hyL ? , 1r rr 1743 Name: BATH Location: 035'28.3801'N 076° 47.9203'W
Date: 11/17/2003 Caption: Mitchell Pollard
Scale: 1 inch equals 1000 feet
Copyright (C) 1997, Maplech, Inc
AUT ORIZAT ON T 0 TRUCT
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DATE:[/ o -?
PERMIT# r`S tl
VaiW for Fire (5) Yeats OR Exnkatbn Date of Pwm1t
Environmental Health Section v
Beaufort County Health Department
220 N. Market St.
Washington, North Carolina 27889
[phone] / Fax [phone]
IMPROVEMENTS PERMIT
subject to revocation if the site plans or intended use changes or site alterations occur
Date: 742o o?
Owner: ?V-ZfG C /? v?/J/Tre/C?- Phonne:,?2 ? ' ? ? l^7
AAA 7 '? _ -C O- `..i OV. ? __
Subdivision: Lot Number:
State Road Number: Directions' iL -
D ?l L 10-DIGIT PIN 6w-s-a _-6 K- "-7 7
Property Size: Type Structure- tee. ----
No. Bedrooms: Z No. People: 7--
Water Supply: yt (Maintain minimum feet
separation from any part of septic system and repair area.)
Classification: QrSuitable ? Provisionally Suitable O PS with fill
Additional Drainage:
Seasonal Wetness Condition: d 4- Soil Type -=L7- -Z---
Septic Tank: D ° gal. Pump Tank: gal.
Nitrification Field: ct square feet trench botto
Trench Depth: Fill Depth:
Comments: 6erJC-UAJC &f 1-a •-?t o rrrr
9New Construction
O Repair
T°
s
wy nott Add /to
(Je?tsr dt?t h
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A-at Z l a:.llJ a i / ( cl ; r-f- c`^+ k 1- o. .
Additional for all systems: Landscape system area for surface water runoff and grass. C ?,L,, a?;,.cw•.?
Do not place drive or any building over the system area or repair area. Observe all
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proper setbacks (10 NCAC IOA .1950). Do not work soil. or install system in wet 0. ,wu 0 ,
conditions. This permit must be on site during installation and inspection.
(SC{???.C.J.
Environmental Health Specialist:
White Owner/Contractor
Yellow - Health Department Pink Building Inspections
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Site Plan
Date:
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13 CM NO POINT SET
CONC. MONUMENT TLANDS
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MAP OF PROPERTY OF: ENGINEERS ==
PLANNERS
SURVEYORS
MITCHELL POLLARD
JARVIS ASSOCIATES P.A
BATH TOWNSHIP 130 E. SECOND STREET
BEAUFORT COUNTY, NORTH CAROLINA WASHINGTON, NORTH CAROLINA 27889
DATE: SCALE: 1"=40' [phone]
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