20010560 Ver 1_COMPLETE FILE_20010314

O?O? W A T E?9pG
r
o -c
Michael F. Easley
Governor
1
William G. Ross, Jr., Secretar7-
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
May 21, 200
DWQ # 01-056
Beaufort Couny
Page 1 of
Eddie S. Cournoyer
580 Mimosa Shores
Washington, NC 27889
RE: Eddie S. Cournoyer, 580 Mimosa Shores, Washington, Beaufort County, NC
Pamlico River [03-03-07, 29-(27), SA HQW]
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. Cournoyer,
You have our approval, in accordance with the conditions listed below, to impact ± 720 ft2 of Zone 2 of the protected riparian
buffers for the purpose of constructing the proposed single family residential dwelling. 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 is only valid for the purpose and design that you described in your Major Variance Request dated 2/12/01 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.
Additional woody vegetation (native shrubs and trees) shall be planted in all retained areas of the protected riparian
buffer on the property to the greatest extent practicable.
2. No impacts are permitted within Zone 1 of the buffers.
Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers as identified
within 15A NCAC 2B .0259(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 as diffuse 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 that 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 Tar-Pamlico River Riparian Buffer Protection Rules
[15A NCAC 2B .0259(9)(b)]. Please call Mr. Bob Zarzecki at 919-733-9726 if you would like to discuss this option further. Please call
Mr. Bob Zarzecki or Ms. Deborah Sawyer at 252-946-6481 if you have any questions or require copies of our rules or procedural
materials.
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/ncwetlands/
Page 2 of 2
r
Sincerely,
v
ire tor, DWQ
Cc: Deborah Sawyer, DWQ Washington Regional Office
Terry Moore, DCM Washington Regional Office
File Copy
Central Files
01056C
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 1k ;too

" 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 213 .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
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources J
Division of Water Quality
1 FEB 1.4 2001
3) Wa
Variance Request Form - for Minor Varia.s- =?-.-.--
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original. 4 1 ©5 6 6
i1
Please identify which Riparian Area Protection Rule applies.
? Neuse River Basin: Nutrient Sensitive Waters Management Strategy
p tection 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)
Part i: Generai information
(Please include attachments if the room provided is insufficient.)
1. Appl*? Rt' name (the corporation, individual, etc. who owns the property):
2. Print Owner/Signing Officiai
Name: mod(
Title:
Street address:
City, State, Zip: a
Fax: 5har eS
Telephone: (2-52-)-
. C. .
3. Contact person who can answer gy?estions about the proposed project:
Name: t AVA A CAL) rn cDyQ(-
Telephone: (Z SZ}_ Q Ilo - `-fSoLF
Fax: )
Email: -KV FMS t_ t F -'P o • CoM
4.
Project Name (Subdivision, facility, or establishment name - consistent with project name on
pla specifications, letters operation and maintenance TV ents, etc.): l
t\ tP ?CkQ v?o k 8 ? G`0tS i no_ h00\ k- (1 e L.J CpnS?-r?lC?h ?n
5. Project Location:
Street address:
City, State, Zip:
County:
Version 1: February 2000
\U W
G?S o Ai mos? Sh6re S
f16%1 Aen 4-mn N( Zq-q159
person legall responsible for the property and its compliance)
2 S • ?00?Ra61f2.R
Latitude/longitude: S +a Z?1? ?f S E SS-, 1?
6.
Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the USGS
topographic map in4icatingg the locati n of the site): 1
M -tl?a n 4t r sae c ? ?.. 4 GNU . l I- Gv,-A W • 3 4 fPP'4' ; ., ?I,9a?
7.
1n56v-
(cl ?,.-
SBv .
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 Yariance
-2- 2-1 oo _ Others (speci )eTrn ???nnJ- io uSe
3Z
2L+o1 Iew? ?N EnS'rl Se?hL S S '1
Part 2: Proposed Activity ,
(Please include attachments if the room provided is insuffici t.)
1. Description of proposed activity [Alao, 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 ftz.:
17 A dernokiSh iy_'ShAd w??G *(S r-te?4 *k4-
b? hQtti is re"4'" LA- wt IBS '04 S
W 0NA\ V\Ck 1A AAIA.)
h cr•v? ' ra? Sa?•V_ 1 u(a ?v, .
?ufll ?51h wi ?1 ii tntS ?' 0 16 y1 ILA4 &0- MGtp
av\ skpe? 1 MPoSt f ?-N S? P 40 . ea ?S ?hct w M a7*- rw
2. State reasons why this plan for the proposed activity cannot be practically accomplished, 1S Aox .4z?
reduced or reconfigured to better minimize pr eliminate disturrb nce to the riparian buffers:
?eP? o-?- r\t'o Cun?-M?r .T" u,d1d\?N eAVHW- A ItAvAe.
04-1
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 vegetationQ or enhancement of existing veg tation; etc.):
Variance Request Form, page 2
Version 1: February 2000
Stream to be impacted by the proposed activity:
Stream narrlp, (for unnamed streams label as "UT" to the nearest named stream):
ki C_o
o'V
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]: Z& .A `iC_'o F_ jve -

4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
M..1-
(2) How these difficulties or hardships result from conditions that are unique to the property
U-
V?A
(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.
A
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 (indi%
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5• Applicant's Certification
1, EMI%e- S. C_"nnoye.r- (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: -Z 0 C)
Date:
Title:
Variance Request Form, page 3
Version 1: February 2000
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SURVEY FOR
EDWARD S. COIL RNOYER
REFERENCE. DEED BOOK 493, PAGE 405 OF THE
BEAUFORT COUNTY REGISTRY
LONG ACRE TOWNSHIP. BEAUFORT COUNTY, N.C.
i ,/ Q ct I dw1I1 and ASSOCIATES I SURVEYED: MR,1 APPROV
??0? wATF9pG Michael F. Easley
r Governor
William G. Ross, Jr., Secretary
> .,I Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
MEMORANDUM
March 12, 2001
To: Bob Zarzecki
From: Deborah Sawyer DO
1
Subject: Request for Minor Variance
Tar - Pamlico Buffer Rules
Eddie Cournoyer
Beaufort County
Ifyq
The above subject request has been reviewed by this office. The proposed construction is in Zone
2 of the buffer area. The applicant proposes to remove an existing dwelling and replace it with a
new dwelling. There will be additional impacts to Zone 2. The applicant cannot position the house
out of the buffer zone due to the septic system (the back of the house will be constructed approx.
2 feet from the septic system (drawing is not exact).
The WaRO has talked with the applicant and he wishes to pay the WRP for his mitigation
requirements. The impact to Zone 2 is 720 sqft. But most of the area of impact had an existing
dwelling on it. It is difficult to determine from the drawing what the additional impacts will be.
The WaRO estimates the impact to be approx. 215 sqft. With a 1.5/1 mitigation factor, the total
mitigation needed will be 322.5 sgft. X $.96/sqft. = $309.60.
If you have any questions or comments, please call. Thanks.
02/
215?c?e?_e it
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)