20001268 Ver 1_COMPLETE FILE_20000928

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Robert W. Cowden
1003 Neuse Drive
PO Box 1054
Oriental, NC 28571
252-249-2670
RE: Brown Creek Villas, Old Lupton Road, Whortonville
Brown Creek [03-04-10,27-141-3, SA HQW NSW]
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 2, 2000
DWQ # 00-1268
Pamlico County
Page 1 of 2
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B
.0233(9)(b)] with ADDITIONAL CONDITIONS
Dear Mr. Cowden,
You have our approval, in accordance with the conditions listed below, to impact ± 1,000 ft- of Zone
2 of the protected riparian buffers for the purpose of constructing the proposed multi-family residential
dwellings. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B
.0233(9)(b). 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 Permits.
This approval is only valid for the purpose and design that you described in your Minor Variance
Request dated 8/29/00 except as modified below. 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. For this approval to be valid,
you must follow the conditions listed below.
1. No impacts shall occur to Zone 1 of the protected riparian buffers.
2. Additional woody vegetation (native shrubs and trees) shall be planted in retained areas of
Zone 1 and Zone 2 of the protected riparian buffer to the greatest extent practicable and as
identified within your Minor Variance Request.
3. Stormwater shall be directed to sheetflow at non-erosive velocities through the protected
stream buffers as identified within 15A NCAC 2B .0233(5). Roof drainage from the house
shall be directed to vegetated areas at non-erosive velocities prior to entering the protected
riparian buffers. Any additional stormwater located on the remainder of the property shall
be directed to sheet-flow at non-erosive velocities prior to entering the protected riparian
buffers. No new ditching or piping of stormwater through the protected buffers is allowed.
If you do not accept any of the conditions of this certification, 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, PO Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are
final and binding unless you ask for a hearing.
Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1 62 1
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/] 0% post consumer paper
Page 2 of 2
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 Bob Zarzecki at 919-733-9726 if you have
any questions or require copies of our rules or procedural materials.
Sincerely,
Stev'eAV
Cc: Deborah Sawye?DWWashington Regional Office
File Copy
Central Files
Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
R
JAMES S. HUNT JR.
GOVERNOR
BILL HOLMAN
SECRETARY
KERR T. STEVENS
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WASHINGTON REGIONAL OFFICE
MEMORANDUM
September 5, 2000
To: Bob Zarzecki
19
From: Deborah Sawyer &C
Subject: Neuse River Riparian Area Rules
Minor Variance Request
Robert W. Cowden
Pamlico County
The Washington Regional Office has reviewed the above subject project proposal.
The applicant proposes to construct multi-family dwellings on Brown Creek. The
site was previously developed as a fish house with associated buildings and piers.
The applicant has removed a building (impervious area) which was located < 20 ft.
from the existing bulkhead. The proposed multi-family dwellings will be
constructed 40 ft. from the existing bulkhead. Mr. Cowden proposes to establish
grass and trees in the area between the dwellings and the bulkhead. This office has
no objections to the project as proposed and recommends issuance of the Minor
Variance.
If you have any questions or comments, please call this office. Thank you.
cc: WaRO File
DCM, Morehead City
YI
943 WASHINGTON SQUARE MALL, WASHINGTON, NORTH CAROLINA 27889
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
OFFICE USE ONLY: Date Received O Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
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 Protection Rule applies.
Li Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
a Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Appplicant's name (the corporation, individual, etc. who ow s t e GS P n r? rU f A ??iT f W I J'A5 a4 propel
• Gd I
2. Print Owner/Signing O Ici,
Name: 0
Title: 9
Street address: __
City, State, Zip:
Telephone:
Fax:
I (person legally responsible for the
DU
3. Contact person who can answer (
Name: D 670
Telephone:
Fax:
Email:
O
about the proposed project:
and its compliance)
eF- t-)J?. ;!-NTP/
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
pla , specifications, letters, operation and maintenance agreements, etc.):
9k1 ou-, GRc-:c-- K i/ iL-1-16
5. Project Location:
Street address:
City, State, Zip:
County:
Version 1: February 2000
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8'h x 11 copy of the USGS
topo?rh-ic map indicating the location oft a site):
-? N I b 410 my jc? Q r' a ORE c E ?e, t. D LA,)#0ATOab/t,??
J. e To - 1gND HIV a G dAJ. pT-o?
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
e6f'F& K egEe C ? 3no'd G/?eEvc
Stream Icssification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neese) or.0316 (Tar-Pamlico)]: __----
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received:
y
Date received:
V,H w o 0
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
of uffer impact in ft2.:
A U O AJO /w ro m woos IPo P1.57-0 / B04)CE5
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:
,0/ 2 5 C• i= PA/tT u_P 0 I.J L. 10 01, / M / 167'"/N6- 1,?Ae rr
1,7 h/ I T w tD W J-0 431E * h / "1 /.Vtrr7EiO.
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.):
rtLti w 11_Te5V . fZ V)V 0f`F G do-S 7"WAOv G A# rq G A):?1566o AOZ614
???(•t ? ??'UT? /t / rt9(o? r3N?rt ?i4ry7_-_.I_???u ? ? u ? I ?'! jO./4 EII / ocv
$ TAE ?P4o C) Q ES 7? /? .oL /yNi
Variance Request st Form, pa g2 pag2 /' T
Version 1: February 2000
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7-0
D? ?U l?l3c/?? 7-e
4?7//U l' /-2a F O-1 ? iv rcr) 1 d' / rJ 0 5 5,
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. U-N 17- CA-) CV GP AOS?
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
1-f? 2? s ?J?S ,q/Z IC U /U /a u c ZPO OF
(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.
-5L_ -
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): , I°=G ------
Mailing address: ,.
City, State, Zip: -
Telephone:
Fax: - -
Email:
Part 5: Applicant's Certification
I, fl- d 06rZT LA) . C??GIy (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 accord nce 1tith P rt?5?off this form will be recorded with all required permit
conditions. CT?%~2`?
Signature: U
Date: _
Title:
Variance Request Form, page 3
Version 1: February 2000 Cme-R
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NORTH CAROLINA DEPARTMENT OF
?s ENVIRONMENT AND NATURAL RESOURCES
f
DIVISION OF WATER QUALITY
WASHINGTON REGIONAL OFFICE
f
JAMES S. HUNT JR..'
GOVERNOR MEMORANDUM
September 5, 2000
' - BILL HOLMAN
SECRETARY
To: Bob Zarzecki
KERR T. STEVENS From: Deborah Sawyer XIC
DIRECTOR -
Subject: Neuse River Riparian Area Rules
Minor Variance Request
Robert W. Cowden
Pamlico County
The Washington Regional Office has reviewed the above subject project proposal.
The applicant proposes to construct multi-family dwellings on Brown Creek. The
site was previously developed as a fish house with associated buildings and piers.
The applicant has removed a building (impervious area) which was located < 20 ft.
from the existing bulkhead. The proposed multi-family dwellings will be
constructed 40 ft. from the existing bulkhead. Mr. Cowden proposes to establish
grass and trees in the area between the dwellings and the bulkhead. This office has
no objections to the project as proposed and recommends issuance of the Minor
Variance.
If you have any questions or comments, please call this office. Thank you.
cc: WaRO File
DCM, Morehead City
IN Amf,'Kt4A,.
2 0 1 0
943 WASHINGTON SQUARE MALL, WASHINGTON, NORTH CAROLINA 27889
PHONE [phone] FAX [phone] S
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
OFFICE USE ONLY: Date Received
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
ion, individual, etc. who ow s %e
T U! G kAf2 _ b I
erson legally responsible for the I
lod3
??
Lil-9 ?... L 7 0
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 Protection Rule applies.
o Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
C] Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC .0259)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the
2. Print Owner/Signing Of icie
Name: 0
Title: _ <
Street address:
City, State, Zip:
Telephone: _
Fax: )
3. Contact person who
Name:
Telephone: E
answer questions about the
0F3c2T Gdwc
ed project:
Request #
, Gd w
and its compliance)

Fax:
Email:
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
T pla , specifications, letters, operation and maintenance agreements, etc.):
P Ra w !eRC-:e " v LJ t05
5. Project Location:
Street address:
City, State, Zip:
County:
Version 1: February 2000
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS
topMJo ra hic map indicating the location of trte site):
?r= P/? 6 kJ0 MY s5' e IV70 r4 ORE/?c E ?2?1 . ?'"D wh`614ToabiLt57
U
OA J. A. o td 7-0,0')
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
e6 re e/?EeK gOa&Id C,/? f;C- 0c
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
? ?,q ?? o o 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
of uffer impact in fts.:
A'iP0 er? ?¢? c .b woos . ?o pls ( 0 nao'
o !? w / rz-?_
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:
.V / 26 C ? PA /9,T u-9 p 6. "o 1 m w?"f? -1 6-77'1!u6- 1,5?lte -r-
1, 1v I T w 10 W 1,13 a IF l W / A' /t7_Ei0 .
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.):
oqA EJ4
??>`ti w krTeVL Rtj woroc- G_BC5___7-ifsavG r? ?SbG,o
?ZEU/0?
aREaitiJryi*ai lyc,,, L-Wv '-:5i l/1 aziRnl. /'l),J, pfi"Eul&u-5 / j0
i4.-) _- Ad i i o / i i I A MJ L ? L4Jbi??? '* tt'O r-A'l
2 $ ?2E? ??/.?b ?JU Toe " 7 7ZD /rJ e ,D4/yNTc
Version 1: February 2000
?7'#p 'J13c/?? ?o ?Gr7crv ???C aryl ???,s. /g??lgs ?n
?oiA)e /-2aF
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
A) /1 00 i'h -7-0 l T V-N 17- (.t-) Oy,-e-p AO GJ 7-
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
-7 A17
(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.
U- e- I I etv-7-VIV r74-1
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): _.? ----
Mailing address: -
City, State, Zip: -
Telephone:
Fax: _
Email:
Part 5: Applicant's Certification
1, R 0 6 tzT W . C WOC-10 (print or type name of person listed
in Part 1, 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 actor ante ith P rt 5 of this form will be recorded with all required permit
conditions. ??'??2?
Signature:
a
Date:
Title:
Variance Request Form, page 3
Version 1: February 2000 C0
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