20001496 Ver 1_COMPLETE FILE_20001030

XWA
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NC?NR
JAMES 6, HUNT JR.
GOVERNOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WASHINGTON REGIONAL OFFICE
MEMORANDUM
December 19, 2000
DILL HOLMAN
-.SECRETARY
KERR T. STEVENIII
DIRECTOR
To: Bob Zarzecki
From: Deborah Sawyer -?
Subject: Tar - Pamlico Riparian Area Protection Rules
Minor Variance Request
City of Washington
Beaufort County
This office has reviewed the above subject variance request. A site investigation
was performed. The City of Washington proposes to relocate the pump station on
5`h Street and Respess Street to a location across the street. The existing pump
station is located adjacent to Jacks Creek less than 15 feet from the bank of the
creek. Due to continual flooding of the creek, the pump station discharges
untreated wastewater during the flooding. The new pump station will be located
on a site across the street. The station will be constructed above the 100 year flood
level and 30 feet from the bank of the creek.
It is the recommendation of this office that the Minor Variance be granted to the
applicant. The pump station cannot be constructed 50 feet from the bank of the
creek in compliance with the Tar - Pamlico Riparian Area Rules. Minimization has
been achieved. Thank you.
cc: Kim Cole, Nonpoint Source, WaRO
WaRO File
943 WASHINGTON SQUARE MALL, WASHINGTON, NORTH CAROLINA 27889
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50`Yo RECYCLED/10q POST-CONSUMER PAPER
Pacye 2 of 2
4. One method to meet this mitigation requirement is to "Restore" or "Enhance" riparian
buffers along Jack's Creek (or other eligible surface water) per 15A NCAC 2B .0260(9).
You have one month from the date of this approval to submit a plan to this office for review.
5. If restoration or enhancement is not an option, another suitable method to meet this
mitigation requirement is to make a payment into the Riparian Buffer Restoration Fund
administered by the NC Wetlands Restoration Program (WRP). In accordance with 15A
NCAC 2B .0260(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2B .0259(10) and (7)(C). Until the WRP receives and clears your check
(made payable to: DENR - Wetlands Restoration Program), buffer impacts shall not occur.
Mr. Ron Ferrell should be contacted at [phone] if you have any questions concerning
payment into the WRP. You have one month from the date of this approval to make this
payment. For accounting purposes, this Certification authorizes payment into the
Riparian Buffer Restoration Fund to compensate for 5,100 ftz of required riparian
buffer mitigation for impacts to 2,500 ft2 (and 100 linear feet) of protected riparian
buffers; 03-03-07 river and subbasin."
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. 27611-7447. This certification 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 Neuse River Riparian
Buffer Protection Rules [ 15A NCAC 2B .0259(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,
rWashington Cc: Deborah Sawyer, D 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 507 recycled/10% post consumer paper
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
City of Washington
Attn: R.L. Willoughby
102 E. 2"d Street
Washington, Nc 27889
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 6, 2000
DWQ # ' o!:?O /Sq(o
Beaufort County
Page 1 of 2
RE: 5`I' and Respess Pump Station Replacement, Washington, Beaufort County
Jack's Creek [03-03-07, 29-2; C NSW]
APPROVAL of Tar-Pamlico River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC
2B.0259(9)(b)] and AUTHORIZATION CERTIFICATE with ADDITIONAL CONDITIONS
Dear Mr. Willoughby,
You have our approval, in accordance with the conditions listed below, to impact 1600 ft2 of Zone 2
and 900 ft2 of Zone I of the protected riparian buffers for the purpose of constructing a pump station within
Zone 2 and "18" DIP" within Zone 1. This letter shall act as your Minor Variance approval as described
within 15A NCAC 2B .0259(9)(b) and Authorization Certificate described in 15A NCAC 213 .0259(8). In
addition, you should get any other required federal, state or local permits before you proceed with your
project.
This approval is only valid for the purpose and design that you described in your Minor Variance
Request dated 10/30/00. 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.
Additional woody vegetation (native shrubs and trees) shall be planted in disturbed, retained
impervious areas of Zone 1 and Zone 2 of the protected riparian buffer to the greatest extent
practicable.
Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers as identified within 15A NCAC 2B .0259(5). Drainage from impervious
surfaces of the pump station shall be directed to vegetated areas at non-erosive velocities
prior to entering the protected riparian buffers.
A mitigation plan to compensate for impacts to the protected riparian buffer per 15A NCAC
2B .0260 must be approved by this office prior to construction. The required amount of
mitigation for the pump station is 2,400 ft` [80'(1ength of pump station) x 20'(width of Zone
2) x 1.5 (required mitigation ratio)]. The required amount of mitigation for the "18" DIP" is
2,700 ft` [90'(length of line) x 10'(construction corridor w/n Zone 1) x 3 (required
mitigation ration]. [Mitigation for the "18" DIP" is required for the Authorization
Certificate under 15A NCAC 213 .0259(7)(c). Mitigation for the pump station is required as
a condition of the Minor Variance.] The total required amount of mitigation for both the
pump station and "18" DIP" is 5,100 ft'`
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 500/c recycle&10% post consumer paper
OFFICE USE ONLY: Date Received Request #
State of North Carolina j 0 C1 :3 0 2000
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.
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)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicants name (the corporation, individual, etc. who owns the property):
City of Washington
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: R L Willoughby
Title: City Manager
Street address: 102 E. 2nd Street
City, State, Zip: Washington, NC 27889
Telephone: 252 ) 975-9332
Fax: (252-) 974-6461
3. Contact person who can answer questions about the proposed project:
Name: Russell Waters
Telephone: [phone]
Fax: (252 ) 946-1965'
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
5th and Respess Pump Station Replacement
5. Project Location:
Street address: 5th & Respess Street
City, State, Zip: Washington, NC 27889-1988
County: Beaufort
Latitude/longitude: N 35 ° 32' 51" W 770 3' 14"
Version 1: February 2000
6. Directions to site from nearest major intersection (Also, attach an 8 Y2 x 11 copy of the USGS
topographic map indicating the location of the site):
Follow 264 East into Washington Once in Washington 264 becomes
5th Street. Follow 5th Street through the downtown area. Respess St.
will be the third street east of the US 264 & US 17 intersections.
7. Stream to be impacted by the proposed activity:
Stream name (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-Pamlico)]: .0316
8. Which of the following permiWapprovals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
X CAMA Minor
X 401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
X Non-discharge Permit
Water Supply Watershed Variance
X Others (specify) Erosion Control
Approval-of Plans & Specs
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 carving
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.j: The 5th
The existing um station floods out at elevation of 5.0 m$l and above.
& Respess pump station serves approx 75? of the City. The City proposes
relocating the P S to a vacant lot across the street from the existing. This is
the only suitable vacant lot in close proximity. There would be an area of
•2000 SF (20X100) affected in the buffer
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
The proposed site is not large enough to accomodate the required pump station
and generator above the 100 year flood level and the future odor control
equipment outside of the buffers. -
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
Any .disturbances in the buffer. zone__J1 ._b.?it<F1aced--with--vegetat.inn suitable
for filtration between the site and buffered -ditch, ApprfT?riarP jLLujrf.control
methods will be used along with the'replantinQ of :.naatat_ion
Variance Request Form, page 2
Version 1: February 2000
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
The buffer rules prevent the City from rebuilding the pump station above
the 100 year flood on the lot across the street ecause the of is too
small with the 50 ft. buffer. This would result in continued flooding and
Pollution in Jacks Creek.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The owner of the property adiacent to the existing pump station has refu$ed to
sell to the City of Washington. Relocating the pump station to other lots in
the area would affect other property owners not currently adjacent to the P.S.
and significantly increase the cost to the public.
(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.
The least expensive alternative would be to relocate to the adjacent lot. Sincd
this is not feasible due to the refusal of the property owner, the next least
expensive alternative is relocate across the street from the existing station
to the vacant lot The only alternative is condemnation of the adjacent property.
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):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
I. R L Willoughby (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:
Date:
Title:
Variance Request Form, page 3
Version 1: February 2000
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