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HomeMy WebLinkAbout20010795 Ver 1_COMPLETE FILE_20010524o?o? W A r?o Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality June 15, 2001 DWQ # 01-079` Pamlico Count) Page 1 of 2 Charles M. Coats 5091 Conestoga Court Stone Mountain, GA 30087 RE: Charles Coats, 1432 Seafarer Drive, Oriental, Pamlico County, NC Whittaker Creek [03-04-10, 27-130, SA NSW] 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. Coats, You have our approval, in accordance with the conditions listed below, to impact ± 1,609 ft2 of Zone 1 and ± 300 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 "General" Major Variance Application Form dated 5/18/01 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. 1. Additional woody vegetation (native shrubs and trees) shall be planted in all retained areas of the protected riparian buffer on the property as described within your variance application. 2. No impacts are permitted within Zone 1 of the buffers except as indicated in your variance application. 3. 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. 4. A mitigation plan to compensate for impacts to the protected riparian buffer must be approved by this office prior to construction. The required amount of mitigation for the Zone 1 impacts is 1,609 ft2 [ 1,609 ft2 x 1 (required mitigation ratio)]. 5. We understand that you have chosen to meet this mitigation requirement by making a payment into the Riparian Buffer Restoration Fund administered by the NC Wetlands Restoration Program (WRP). This has been determined by the DWQ to be a suitable method to compensate for the required mitigation. In accordance with 15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(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 (919) 733-5208 if you have any questions concerning 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 payment into the WRP. You have one month from the date of this approval to make this payment. For account purposes, this approval authorizes payment into the Riparian Buffer Restoration Fund to compensate for ft2 of required riparian buffer mitigation for impacts to 1,609 ft2 of protected riparian buffers; 03-04-10 ri and subbasin." If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must act withi 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 Norl Caroliha General Statutes to the Office of Administrative Hearings, PO Box 27447, Raleigh, N.C. 27611-7447. This approval and 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 NCAC 2B .0233 (9)(b)]. Please call Mr. Bob Zarzecki at 919-733-9726 if you would like to discuss this option further. Please cal Bob Zarzecki or Ms. Deborah Sawyer at 252-946-6481 if you have any questions or require copies of our rules or procedural mates Sincerely, ` rr . Stevens ire or, DWQ Cc: Deborah Sawyer, DWQ Washington Regional Office Terry Moore, DCM Washington Regional Office Ron Ferrell, DWQ Wetlands Restoration Program File Copy Central Files Wal,,0 G. aou7 Bxunu? NaN Carolina Ib{wnnwn.tl Nrnvuvu+a xnE N-J N:.ourt.. in,vr?r I- W. Fle r.F 11 LIVi6lrrr ur M'.lu Ijvilvy Division of Water Quality Department of Environmental and Natural Resources 401 oversight/Express Permit, Program Development and Transportation Permitting Units Street Addrtxs: 2321 Crabtree Boulevard, Suite 2S0 Raleigh, NC 27604-2260 bleating Addrem: 1650 Mail Service Cuucr Raleigh, NC 27699-1650 Contaet Information: Phan. b: 919-731-17R6 Fax N: 919 733.603 1axTo: r??`:>S1) I_ac'zsllrv?A??r N:tx#: '7.57_ Z11-714. Company; . Date- Nuntber of pages Including cover sheet: t--- Notes or special instructions: (-vc ? -- (Id1-' fTz- 1?it1.?lY? ?1tTe C Ctx' C`?r. c ???? c-a I BEU 1xr1 krun,:x GYJFr, Mxi.?n, Nwti t9rOF1a Y/BYrI 1flk1 -Lt GRI4ce NukrxM, Bub PGO. Ra44]a, Npln GrolYra P/BW Z•-A1R-]tyl)b?IFAX--] BK l lnlarW'. Bn._UUZI., c-rc,1r?rr_..nri ar Ca,rr i1cMr1 v^I'•em.rw Irmo Cnt?'- Sr1i rxtt<1x6'10'Y. roa ConrmN P1pr •aSL?wsN?rxs ZNHWflOW ZNHO921 3o Hf)Vd ,LSHI3 NO WOE .vS JO LV:ST CO-SEE S/S C99Z6VZZSZT6 ssririslax S0ON aWLL aESdV IS saovd MOM C689CCL6T6 ZHZ SQNVrI,T2M-5MtI ZWVN OS:ST fIH,L SOOZ-C-MA HIVG NOINKUN00 ONIMS Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Permit, Program Development and Transportation Permitting Units Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-1786 Fax #: 919-733-6893 Fax To: e t ( \ Company: Fax #: Z S Z , Z1 - Z c??3 Date: Z / 3 ? Q S Number of pages including cover sheet: Notes or special instructions: 401 OversightlExpress Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733.6893 / Internet: htro://h2o.enr.state,nc.us/ncwetlands Noy` Caro ' a ?tura?? An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper o?OF W A rFRPG Michael F. Easley \ Governor r William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality NORTH CAROLINA DIVISION OF WATER QUALITY GENERAL VARIANCE APPROVAL from NEUSE BUFFER RULES SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2B .0233, Mr. Charles M. Coats has permission as outlined below and within the attached General Variance Approval to impact the protected buffers to construct a house on the subject property. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached transmittal letter. THIS APPROVAL IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP) DWQ Project No. 010795 LOCATION: Oriental COUNTY: Pamlico BASIN/SUBBASIN: 03-04-10 As required by 15A NCAC 2B .0233, you are required to compensate for the above impacts through the restoration or enhancement of buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. 0.0 acres of Class WL wetlands 0.0 acres of riparian wetland 0.0 acres of non-riparian wetland 0 linear feet of stream channel 1,609 square feet of stream buffers One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242. If you choose this option, please sign this form and mail it to the WRP at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WRP. Signature WETLANDS RESTORATION PROGRAM (WRP) NC DIVISION OF WATER QUALITY 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Date 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), h"p://h2o.enr.state.nc.us/ncwetlands/ OFFICE USE ONLY: Date Received Request # State of North Carolina 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. "rte ,MN+??? o Neuse River Basin:, Nutr?ent? SensitiviWaters Management Strategy Protection and Maintena ce?'6f` I"paffiLn Ares Wale (? A NCAC.0233) o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (I SA NCAC.0259) 010795 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 4011Wedands Certification Unit, 1650 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 (the corporation, individual, etc. who owns the property): CIV,04,Es /1. e04 rf 2. Print Owner/Signing Official (person Name: CA114R C,65 Title: 001N?fR Street address: 6-Of/ COAI f, City, State, Zip: S7-0AI ' /N Telephone: (77o ) -4 9 Fax: (776 ) 8 7f - 3. responsible for the property and its compliance) 3 Contact person who can answer questions about the proposed project: Name: C114 2 r- od 7x- Telephone: Fax: (7V) 9-79-c23,71 "General" Variance Application Form Version 1: May 2001 Email: /KA4a ® 40Z, Calq 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and mmaintenance agreements, etc.): Cf?42- COATS i9E5 V E NC E 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 portion 7 Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: SA NS W 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 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.) "General" Variance Application Form, page 2 Version 1: May 2001 Stream to be impacted by the proposed activity: Stream name (for unnam?e?t streams label as "UT"- to the nearest named stream): L4/y1r7TAA-E?t' (fl? E E K 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 hnfFnr irnnse-# in f#2 . 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: 1//F_ /O r /S SN,4P,E0 5o y//i9T Rcc r g /S OQTi914/ED r1leg g /9 Noma 4l FcTi 41 «APWd- to f# /'?' AV/4/5k LA, THE 0AJ1- Y8,k/4,019B(E merof 7h,f Zo7" /s xY 7WE CEIVTO/P Of THE PE /nlsucA, /9T THE H/1W5r PO/,UT OF THE L o T. 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.): / TE k -OFF /PO_ E eof L/ E CC E9 ?OAY o Wlel? BE E E 71, ),CAE iy 1624-5 ",Q o f u CE q ON oRTN ST S 7' S F o 11F lkok s 6;Su cN Ai AtWEff 2* PAR ? O? . j / R RYE GR kfs d- <? 4. Please provide an explanaon of the fallowing: (1) The practical difficulties.,.or,hardships tfi iG Auld restl(t fiq n the str Lapplication of this Rule. 1H£ 04.44 6 /s BEiN? D?? r Oily 7llE f/W E57' Mi?7 ciFT? I-O T E ,- T f E4 A X47/ A? / k T. 21 L o 7tY F OF f_ /.0 9r / Gt l,DA E E 5 F o 6 If ,E L f_ d o vE 72107- Z,9C 7'1j 9N ok. C446,6 /P ;ro H,E LQ (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. 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: "General" Variance Application Form, page 3 Version 1: May 2001 (2) How these difficulties or hardships result from conditions that are unique to the property City, State, Zip: Telephone: Fax: Email: Part 5: Applicant's Certification I, ellAf 4 f S * • COAr? (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: art"5f th bi'm will tx! recordewi ha"requ red permit conditions. I //I I Signature: Date: Title: NC Division of Water Quality (DWQ) 401 Wetlands Certification Unit 2321 Crabtree Blvd. (LOCATION) 1650 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27699-1650 (919) 733-9726 (phone) http://h2o.enr.state.nc.us/ncwetlands/ RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 General Number: (919) 876-8441 hftp://www.saw.usace.army.mil/wetlands/regtour.htm WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 General Number: (252) 975-1616 hftp://www.saw.usace.army,mil/wetlands/regtour,htm Washington District Office Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 phone: 252/946-6481 Morehead City District Office Division of Coastal Management 151-B Highway 24 Morehead City, NC 28557 phone 252/808-2808 "General" Variance Application Form, page 4 Version 1: May 2001 " 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 (LAMA). 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: sL S ?./ ?V-? LMi t?l ti ?' N 88'45'52' ?a \ Zb• Q 26.83' 4 AL (j C, ? ?` ? A 9 N Link Lo^?? (. A LOCATION LEGEND IPF at 126.65' (cOi - IPF - IRON PIPE FOUND vui I Proposed AL IPS - IRON PIPE SET 8p f, EL / I Dwelling i qFr CL MBS - MINIMUM BUILDING SETBACK `I \ DUE - DRAINAGE D UTILITY EASEMENT i o? f?? l /?a . - \ lll? +s \ _ 'Ill` - o o s °0 1 7FT E( 9ff El - r ' Lo£ 15 ' N '28.51 ?? ?Sq f t t - 75- CAMA _ WWI 7 per 5ubd. Piet l / WILDINr; COPE SET81ItK Lot 16 IPF Sae Vista Subdivision .0 Block F at 4 e ?ryVe Gt a Conq_ 04' v" dryve / 4'r PF / 41 0. ' / CET 77MATC OF SURVEY AND ACCURACY CA I, JERRY R. RYAN, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY MA NOTE, The 73' CAMA line shown is scaled from Subd plat SUPERVISION, THAT THE RATIO OF PRECISION IS 1:15,000+, THAT Additional reference is hereby made to CAMA permit THIS PLAT MEETS THE MINIMUM STANDARDS FOR LAND SURVEYING #99-0020 which appears to be permitting the IN NORTH CAROLINA AS AMENDED, THAT THE BOUNDARIES NOT budding location as shown hereon. $ SURVEYED ARE SHOWN AS BROKEN LINES, THAT AREAS ARE BY COORDINATE CALCULATION UNLESS SHOWM OTHERWISE, THAT THIS Revised Preliminary Plot Plan y SURVEY IS OF AN EXISTING PARCEL OF LAND AS SHOWN BY PLAT Lot 1 RECORDED AT PLAT A, -1 SLIDE 21 0, %%t WITNESS M BI THE LANDINGS / HARGETT Y SIGNATURE AND SEAL 0 \A Cr?RQ? THIS 12th DAY OF JUNE. 2000. Seafarer Drive . O?ES$IQ/?• for Nelda K + Charles M Coats _ i SEAL S L. 3302 O f TOWNSHIP No. 2 PAMLICO COUNTY NORTH CAROLINA ' 'ti'L? vCG? SU ° DATE June 27. 2000 Atlantic Survey + Do s Lqn L SURVEYOR. ??C R•• ?F•. L-3302 ?... ? ?• k? J(JU No, 0118 g - 302 SOUTH FRONT STREET N se Location July 17. 2000 o SCALE: 1' = 40' NEW BERN, NC C O (252 633-6649 1 n r- n /. e C 1\ T P? . T All •/ It A/ Y 11 11 /' r PAMLICO Local Government 99-0020 Permit Num CAMA MINOR DEVELOPMENT PERMIT ?000 as authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management." Issued to CHARLES & NELDA COATS authorizing development in ESTUARINE SHORELINE at Lot 15, The Landings Subdivision, Oriental, NC adjacei to Whittaker Creek. Pamlico County as requested in the permittee's application, dated August 3, 1999 This permit, issued on August ?3 1999 is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. 1. All proposed development and associated construction must be done in accordance with the permitted workplat drawing as originally submitted on August 3, 1999. 2. All construction must conform to the North Carolina Building Code requirements and all other Local, State and Federal regulations. 3. Any change or changes in the plans for development, construction, or land use___, activities will require a re-evaluation and modification of this permit. 4. Prior to initiating any land-disturbing cloth or other appropriate sedimentation be installed between the land-disturbing water areas, until such time as the area vegetated cover. activities, a barrier line of filter and erosion control measures must activity and the adjacent marsh or has been properly stabilized with a This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit mist cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on December 31, 2001.(nL0 9-a311i) In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. Local Permit Officer (signatur Skip Lee, Local Permit Officer Pamlico County Building Inspections non PO Box 776 addre Bayboro, NC 28515 (252) 745-3861 T? Permitt( (signature required if special conditions above apply to perm nc. Name: ORIENTAL Location: 035° 02' 15.7" N 076° 40' 57.6" W Date: 3/11/101 Caption: Chaz Coates Scale: 1 inch equals 1000 feet 1317 ,Moores Corner 1 2a II 0 O100 li I I "Or, G j 19e St N4asOh St ? a` ? to o Pineview Dr jy31 5roFOM p R 1 x eatatet l 1349 ?p ?° ,1?? I' ?Ul?t°n Or C^ ?CSriental I? a i0lp. ?,A ?? '0 ,0/0 `? ?d? Cdr Ot ?h X50 ?e Std gt . N 2nd St 0 vds 200 400 wea.a?o.... ShvetsT Copyright ©1988-1997, Microsoft Corporation and/or its suppliers. All rights reserved. Please visit our web site at http://maps.expedia.com. Page 1 Variance Request Form Charles M. Coats Part 2 - Demonstration of Need for a Variance 770-469-4690 The purpose for this request for a variance is to build a private residence on a Y2 acre lot adjacent to Whitaker Creek in Pamlico County, NC. The lot is shaped so that access from the street is obtained through a narrow section leading out to a small peninsula. The peninsula is formed by a man made canal on the west side and Whitaker Creek on the north side and east side. The area in which the construction is proposed is in the center of the peninsula and on the highest part of the lot. The buildable part of the lot is approximately 80 feet wide at its narrowest point. The house will be approximately 30 feet from the water at its closest point. The house is being placed at this location due to the elevation of the land. As stated earlier this is the highest .part of the lot. The elevation is approximately 9 feet above sea level at the proposed construction site. Moving south toward the street the elevation decreases to approximately 6 feet above sea level. The higher elevation was chosen in an effort to avoid flooding during hurricanes and storms. As a practical matter the proposed site is the only suitable site on this small oddly shaped lot. The property was purchased in July of 1999 and was cleared for construction soon thereafter. The property was inspected by the local permit officer and CAMA minor development permit #99-0020 was issued on August 3, 1999. A copy of the CAMA-minor permit is enclosed with this variance request. A building permit has also been obtained and construction would have begun by now if this additional variance permit were not required. Silt fences to prevent run-off were placed before the lot was cleared. These silt fences are still in place and are performing properly. After the house is built, no grass will be planted thereby eliminating the need for fertilizer or other chemical contaminants that might run off into surface water. The land will be allowed to remain in its natural state like the property next door and across the canal. As a general point, the owner is a sailor and water sportsman who is environmentally conscious and wishes to do what he can to keep our rivers and oceans clean and pollution free. The owner and his family voluntarily participate in river keeper clean up days and support environmental responsibility. Variance Request Form Part 3 Water Quality Protection Charles M. Coats 770-469-4690 This lot was purchased in July of 1999 and the lot was cleared and driveway graveled that same month. Before any clearing was done, silt fences were installed in affected areas and are still in place and functioning properly. These silt fences will remain in place until all construction is completed and the land has returned to its natural state. No harmful run off will be allowed. After the house is completed the land will be allowed to return to its natural state. No grass will be planted, thereby eliminating the need for fertilizer or other chemical contaminants. The house will be connected to county water and sewer services. No septic tank will be necessary. -The house will be constructed so that very little or no impact will be visited upon the adjacent surface water. OFFICE USE ONLY: Date Received Request # State of North Carolina 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. Neuse River Basin.1 Nutrient Sensitive Waters Managl,ment Strategy Protection and Maintenance,bf-'Riparf?n;.Area- Rtjle (JJ?A NCAC.0233) ? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0259) NOTE. 010795 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 4011Wetiands Certification Unit, 1650 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 (the corporation, individual, etc. who owns the property): C4114121.,ES 01. C'©.47-f 2 Print Owner/Signing Official Name: r-IIIA10 legally responsible for the property and its compliance) Title: 04 l Street address: 5-of/ City, State, Zip: Telephone: Fax: 3 Contact person who can answer questions about the proposed project: Name: C1114 2 Telephone: Fax: (77,0) 9-717-?23171 "General" Variance Application Form Version 1: May 2001 Email: IKOAt ®?oz-, Cart 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and rpaintenance agreements, etc.): c11192 coAT-S j6?,r s / v F NC F 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: 6. Directions to site from nearest major intersection (Also, attach an 8'h x 11 copy of the portion 7 Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: SA ASS &) 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 41.1 CAMA Minor 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) "General" Variance Application Form, page 2 Version 1: May 2001 Stream to be impacted by the proposed activity: Stream name (for unnam???di streams label as "UT" to th nearest named stream): /.dkiT TA?t"E .* 4 PF_ K 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 ftz.: _ I _ _ _ - _ 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: T/>F_ ,CDT IS S,V.4P,EP So 71119 7- ACCEM /S 0A7'AIA/fD rNRadtGNAWjfkfoLI 5,c7'i0 N CLAP/N6 To /# Pt AN/4/5k L A, THE 0 NLY6 14 11-,0%1Btf mwrof The 4o T is zN 7INt CEA1rfe of TH,E PENI ISU cA, 197' TN'E HWt-f r Po/NT OF THE L G T. 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-plantin vegetation or enhancement of existing vegetation, etc.): _Wii? T?/? JkIV -OFF FIPOM TllE RavF G)/l! CAE D//PEc TED 4&IQY 4 re cQ (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. 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: on u c . v o ,FF T i 11,4(-s ANQ y F 56(460 eC l9 a A! aN '' o T ST 4' ES 7, S no r o f/?' ?[ s E :su cN ??s E! "M DAR 16699ft-&-l A02= / R R yE GRRss ?- s F; ???iRL M1L4E7- Please provide an explanation of'the fallowing ? ;? (1) The practical difficulties,,,or.,hardsN $ th8t Wpuld re&ult from the stria application of this Rule. RF "General" Variance Application Form, page 3 Version 1: May 2001 (2) How these difficulties or hardships result from conditions that are unique to the property City, State, Zip: Telephone: Fax: Email: Part 5: Applicant's Certification ellhIP4 S IN - COAr? (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 f• Y ?s.awart.? .. w S restrictions in accordance with 5yof this will t recorigMh a+ . 'a ? q?u red permit e OW, ?conditions. ': r__ 3 Signature: Date: Title: NC Division of Water Quality (DWQ) 401 Wetlands Certification Unit 2321 Crabtree Blvd. (LOCATION) 1650 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27699-1650 (919) 733-9726 (phone) http://h2o.enr.state.nc.us/ncwetlands/ RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 General Number: (919) 876-8441 http://www. saw. usace,army.mil/wetlands/regtour. htm WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 General Number (252) 975-1616 http://www.saw.usace.army.mil/wetlands/regtour.htm Washington District Office Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 phone: 252/946-6481 Morehead City District Office Division of Coastal Management 151-B Highway 24 Morehead City, NC 28557 phone 252/808-2808 "General" Variance Application Form, page 4 Version 1: May 2001 " General" MAJOR VARIANCE prom the Neese and Mr-Pamlico Riparian Buffer Protection Rules. for residential strictures 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: r; ti I Q h The Neuse Buffer Rules oppllcoblity is owners responslbllty C 0< LA. lc o N 88'45'52' 26.83' ?N^ ``mow G ?pR lA bg. L ?9• ?9. N LIM, Lone it yfrt: c I'? I ?0 LOCATION LEGEND IPF at • , ~ _' 126.65' (chi ' / _ JIL IPF - IRON PPE FOUND vui 1 roposed IPS - IRON PIPE SET f T EL y I ailing 77 \ • qfT C[ \ MBS - MINIMUM BUILDING SETBACK /'0 r DUE - DRAINAGE ND UTILITY EASEMENT I I'/ F0 7{? a ,w z ok I 7% S X00 o? g 1 7FT El y?-^ ? I 1 ? fT EL ? ?,, AL ? N ' Lo £ 15 ` < 75' GAMA per 5ubd. Plat l / 41LDINf, CODE 5CMICK u Lot 16 ` ? IPF I ? 0 o,?cP / Sea Vista Subdivision Block r v 6w / i .?Ceec?da(oJeQT?a? 0.q aver tae G ?Y So \/ \l / PF i CERMCATE OF 5URVEY AND ACCURACY GAMA NOTE, I, JERRY R. RYAN, CERTIFY THAT THIS PLAT WAS DRAWN UNDER The 75' CAMA line shown is scaled from 5ubd plat MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY Additional reference Is hereby made to GAMA permit SUPERVISION, THAT THE RATIO OF PRECISION IS 1:15,000+, THAT THIS PLAT MEETS THE MINIMUM STANDARDS FOR LAND SURVEYING #99-0020 which appears to be permitting the IN NORTH CAROLINA AS AMENDED, THAT THE BOUNDARIES NOT budding location as shown hereon. SURVEYED ARE SHOWN AS BROKEN LINES, THAT AREAS ARE BY Revised Preliminary Plot Plan COORDINATE CALCULATION UNLESS SHOWN OTHERWISE, THAT THIS SURVEY IS OF AN EXISTING PARCEL OF LAND AS SHOWN BY PLAT Lot 1 RECORD AT PLAT CABINET A, -1 WITNESS MY SIGNATURE AND SEALIOE 2,``???CA(?OC'THE LANDINGS / HARGETT THIS 12th DAY OF JUNE, 2000. ` O?•?•..• .. ?iy Seafarer Drive Uf?(G$$/??•.1 for `Q`? 9? •; Nelda K ¢ Charles. M Goats i SEAL p ! r L- 3302 ! rOWN5HIP No. 2 PAMLICO COUNTY NORTH CAROLINA •91 DATE June 27. 2000 L SURVEYOR, °oSUR???tl Survey + Design F ..... JUU Nol 0115 L-3302 RRY 302 SOUTH FRONT STREET SCALES NEW BERN, NC /FN Revised House Location July 17. 2000 0 (252 633-6649 V Y to I'F11 T Fin A /)A/,C DA 447 0"? , c_ PAMLICO Local Government 99-0020 Permit Number CAMA MINOR DEVELOPMENT PERMIT Issued to as authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management." ON CHARLES & NELDA COATS authorizing development in ESTUARINE SHORELINE at Lot 15, The Landings Subdivision, Oriental, NC adjacent to Whittaker Creek. Pamlico County as requested in the permittee's application, dated August 3. 1999 This permit, issued on August 23 , 1999 . is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. 1. All proposed development and associated construction must be done in accordance with the permitted workplat drawing as originally submitted on August 3, 1999. 2. All construction must conform to the North Carolina Building Code requirements and all other Local, State and Federal regulations. 3. Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. 4. Prior to initiating any land-disturbing activities, a barrier line of filter cloth or other appropriate sedimentation and erosion control measures must be installed between the land-disturbing activity and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a vegetated cover. _yrr i , . _ This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit m.st cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit requires further written permit approval. All work m? st cease when this permit expires on December 31, 2009. INS 8-:131,q) In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. Local Permit Officer (signature) Skip Lee, Local Permit Officer Pamlico County Building Inspections name PO Box 776 address Bayboro, NC 28515 (252) 745-3861 Y? I V_ Permittee (signature required if special conditions above apply to permit) if ae Xe A-00 .Wores Corner i ? ?'ti' 1349 Ij \ jy 3 z S?RWffi p R 9e St ti4asoh sr ? ao`" - - - X 0 Go ?c - - -- eaf a10 O ? Pineview Dr Ilk. car,? ?tqn Or riental \ _- 0 yds 200 400 1300 MicraMl4rY? Streets98 Copyright ®1988-1997, Microsoft Corporation and/or its suppliers. All rights reserved. Please visit our web site at http://maps.expedia.com. Pape 1 I Variance Request Form Charles M. Coats Part 2 - Demonstration of Need for a Variance 770-469-4690 The purpose for this request for a variance is to build a private residence on a Y2 acre lot adjacent to Whitaker Creek in Pamlico County, NC. The lot is shaped so that access from the street is obtained through a narrow section leading out to a small peninsula. The peninsula is formed by a man made canal on the west side and Whitaker Creek on the north side and east side. The area in which the construction is proposed is in the center of the peninsula and on the highest part of the lot. The buildable part of the lot is approximately 80 feet wide at its narrowest point. The house will be approximately 30 feet from the water at its closest point. The house is being placed at this location due to the elevation of the land. As stated earlier this is the highest .partof the lot. The elevation is approximately 9 feet above sea level at the proposed construction site. Moving south toward the street the elevation decreases to approximately 6 feet above sea level. The higher elevation was chosen in an effort to avoid flooding during hurricanes and storms. As a practical matter the proposed site is the only suitable site on this small oddly shaped lot. The property was purchased in July of 1999 and was cleared for construction soon thereafter. The property was inspected by the local permit officer and CAMA minor development permit #99-0020 was issued on August 3, 1999. A copy of the CAMA-minor permit is enclosed with this variance request. A building permit has also been obtained and construction would have begun by now if this additional variance permit were not required. Silt fences to prevent run-off were placed before the lot was cleared. These silt fences are still in place and are performing properly. After the house is built, no grass will be planted thereby eliminating the need for fertilizer or other chemical contaminants that might run off into surface water. The land will be allowed to remain in its natural state like the property next door and across the canal. As a general point, the owner is a sailor and water sportsman who is environmentally conscious and wishes to do what he can to keep our rivers and oceans clean and pollution free. The owner and his family voluntarily participate in river keeper clean up days and support environmental responsibility. Variance Request Form Part 3 Water Quality Protection Charles M. Coats 770-469-4690 This lot was purchased in July of 1999 and the lot was cleared and driveway graveled that same month. Before any clearing was done, silt fences were installed in affected areas and are still in place and functioning properly. These silt fences will remain in place until all construction is completed and the land has returned to its natural state. No harmful run off will be allowed. After the house is completed the land will be allowed to return to its natural state. No grass will be planted, thereby eliminating the need for fertilizer or other chemical contaminants. The house will be connected to county water and sewer services. No septic tank will be necessary. The house will be constructed so that very little or no impact will be visited upon the adjacent surface water. OFFICE USE ONLY: Date Received Request # State of North Carolina 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) 01 0795 Please identify which Riparian Area Protection Rule applies. o Neuse River Basin. ; Nutrient Sensitive V?aters Management Strategy .3 _A M. $ F Protection and Maintenance of?'Riparnan Areas°Rble (' '6A 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/Wet/ands Certification Unit, 1650 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 (the corporation, individual, etc. who owns the property): CN?4R1_E.5 '91, (2047-f 2 3. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: C1111AIL 4 S CaA 7-5 Title: 0*INe R Street address: 50f/ CDit/.ES 1"OG- ?1 C 7- City, State, Zip: Telephone: Fax: Contact person who can answer questions about the proposed project: Name: C114 2 -ad 71-,r Telephone: Fax: "General" Variance Application Form Version 1: May 2001 5 ® 401, Cart Email: 1VC0147- 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and rpaintenance agreements, etc.): C1142- COATS RE s / Z ),E NC F 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: 6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copv of the portion 7 Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: SA A) S Id 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 _A011 1 Ell - ff CAMA Minor 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.) "General" Variance Application Form, page 2 Version 1: May 2001 Stream to be impacted by the proposed activity: Stream name (for unnamed ? streams label as "UT° to the nearest named stream): Ld#iT TAB -E ,* (/R F E K 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 ft2.: _ _ I _ _ _ _ _ 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: TNf_ 4o 7' Is sY,4P,Eo So YH197- /4C(f FSS /s oQTi9/N/_`D rNROUGN 19 doveta4) fcno4I e- EAp/NG Y X AfVV/A/5k LA, THE oNLYQu//-,o%!VE ,019,f7' of TNf LpT 1.5 -z'N 7-NE CEIVTE/P Of THE PEN/NSU[A, 4r TH'E H/?//f5r Po/NT of ZWE Z C T• 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.): -U11) 7-461? k -OFF APO E GAF 011Z E Ec ED A oA Su C - -flE6?47A'7-104? /.c P E T ,E,E iy F ANO u F CE WACEIF ON f oRTN s7' a' FS F o f ?{o?[ s E,:Su cN ?4s EAS"%?i ?? ???'' R%???'?Y H?"? . J,?iNT R R y? GR RSS d. 4. Please provide an explan"on of the Qlowmg: (1) The practical difficulties.gr. hardsh p that vY " Id re"ult from the strktpipplication of this Rule. 7'f (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. 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: R? cb "General" Variance Application Form, page 3 Version 1: May 2001 (2) How these difficulties or hardships result from conditions that are unique to the property City, State, Zip: Telephone: Fax: Email: Part 5: Applicant's Certification I, ely,4tf4 E S /11 - CoArj (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 VHES f ttJs 'it n will vvoFde" wRh'a required permit conditions. I ? , ` D Signature: Date: / - o Title: NC Division of Water Quality (DWQ) 401 Wetlands Certification Unit 2321 Crabtree Blvd. (LOCATION) 1650 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27699-1650 (919) 733-9726 (phone) hftp-.//h2o.enr.state.nc.us/ncwetlands/ RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 General Number: (919) 876-8441 http://www. saw. usace.army. mil/wetlands/regtour. htm WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 General Number: (252) 975-1616 hftp://www.saw.usace,army,mil/wetlands/regtour.htm Washington District Office Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 phone: 252/946-6481 Morehead City District Office Division of Coastal Management 151-B Highway 24 Morehead City, NC 28557 phone: 252/808-2808 "General" Variance Application Form, page 4 Version 1: May 2001 " 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: AI stteSl Q< CA, ' ' ' C 52 45 N 88 ?w ? d ti ` \ Lei Za. 26.83' S ? Lane Link Lo L ,, 41 fti???'' 9rrEC g LEGEND IPF at 65' 126 (a i i - - . IPF - IRON PIPE FOUND w.i IPS - IRON PIPE SET i 1 I Proposed ` Dwelling p fl Et / , l qFj fL JIL MBS - MINIMUM BUILDING SETBACK DUE - DRAINAGE D UTILITY EASEMENT ? a ?/ / / a /? = ot I ? \ 4 1, ?V Z - / G A0 X s 7FT E( - - 4(q p N I I Lot 15 14 128.516?Sq Rt 75' CAMA _ I T per 5ubd. Plat l / u1LOINr: cooE SETBAL Lot 16 1 / '' Sea Vista Subdivision Block r ` h ? Nar FO ' _ 4 ?d ? Ca ?.et? driv 1 ore / e G ,4. 0 o e f e / v r e / PF CERTIFICATE OF SURVEY AND ACCURACY CAM NOTE' I, JERRY R. RYAN, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY The 75' CAMA Ana shown is scaled from 5ubd plat SUPERVISION, THAT THE RATIO OF PRECISION IS 1:15,000+, THAT Additional reference is hereby made to CAMA permit THIS PLAT MEETS THE MINIMUM STANDARDS FOR LAND SURVEYING #99-0020 which appears to be permitting the IN NORTH CAROLINA AS AMENDED, THAT THE BOUNDARIES NOT budding location as shown hereon. SURVEYED ARE SHOWN AS BROKEN LINES, THAT AREAS ARE BY COORDINATE CALCULATION UNLESS SHOWN OTHERWISE, THAT THIS Revised Preliminary Plot Plan Y SURVEY IS OF AN EXISTING PARCEL OF LAND AS SHOWN BY PLAT Lot 1 U) RECORDED AT PLAT A, CABINET LLIDE 2` WITNESS MY S , 6CAR0 G THE LANDINGS / HARGETT ` I NATURE AND SEA 1 THIS 12th DAY OF JUNE, 2000. ........? ??ESS10 N Seafarer Drive F or Nelda K + Gharles M Goats ® _ i SEAL S L. 3302 c ! _ TOWNSHIP No. 2 PAMLICO COUNTY NORTH CAROLINA k .1yO ? `SURv •• ° DATE, June 27. 2000 Llal ny u v A ir, S I? Pi Y + Deslan • Q ? • R L SURVEYOR, .. L-3302 .....•?.I``•; JUU NO, 0118 _ 302 SOUTH FRONT STREET "?n?n?"' 'louse Location July 17. 2000 o SCALE l' = 40' O NEW BERN, NC C (252 633-6649 PAMLICO Local Government 99-0020 Permit Nurr CAMA MINOR DEVELOPMENT PERMIT ?r as authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management." Issued to CHARLES & NELDA COATS authorizing development in ESTUARINE SHORELINE at Lot 15, The Landings Subdivision, Oriental, NC adjace to Whittaker Creek. Pamlico County as requested in the permittee's application, dated August . 1999 This permit, issued on puauct; 23, 1999 is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. 1. All proposed development and associated construction must be done in accordance with the permitted workplat drawing as originally submitted on August 3, 1999. 2. All construction must conform to the North Carolina Building Code requirements and all other Local, State and Federal regulations. 3. Any change or changes in the plans for development, construction, or land use_: activities-will require a re-evaluation and modification of this permit. 4. Prior to initiating any land-disturbing cloth or other appropriate sedimentation be installed between the land-disturbing water areas, until such time as the area vegetated cover. activities, a barrier line of filter and erosion control measures must activity and the adjacent marsh or has been properly stabilized with a -?lrC4 _ r . This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit mist cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on December 31, 2001Ub 9_23'ii) In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. Local Permit Officer (signatu Skip Lee, Local Permit Officer Pamlico County Building Inspections nai PO Box 776 addre Bayboro, NC 28515 (252) 745-y38?61 Permitt (signature required if special conditions above apply to perry 0 767 ° 41' 0" 76° 76° 19' 4 "? V I I I 1' 4? "?1r i t P7P I ? W I I 1 4 ?.99" IVY I? M LC - = Moores "Corner:. c 6349 o • ?j c • r ? a °t , 4V11) * .04 _ ? Y • t t Ci C Co. • e iw • • • 1?' '4(v 1 J? 1 90 w 076° .b0" 076° 41' ?0.00"'W 076°'4 ' 0.00" W 076° 40' ? 0.0 " 1N 76° 40' 20.Oti" l - Name: ORIENTAL Location: 035° 02' 15.7" N 076° 40'57.6" W Date: 3/11/101 Caption: Chaz Coates Scale: 1 inch equals 1000 feet pyright (C) 1997, Maptech, Inc. i317 ,Moores Corner i 1 a a 1349 ?O I _ I ?I I ?y3z SERFOR pR c eOr9e St NU Son St rn d, _.--- A _ 'R 10 X eaEa?e?06- - Pineview Dr y -o 0. w 950 o- o ? ?? ?Upt n riental ,p <n 5e ,,3rd SL_ ('P 2nd S1\ 0 vda 200 ShvetsR Copyright ®1988-1997, Microsoft Corporation and/or its suppliers. All rights reserved. Please visit our web site at http://map3.expedia,com. Page 1 Variance Request Form Charles M. Coats Part 2 - Demonstration of Need for a Variance 770-469-4690 The purpose for this request for a variance is to build a private residence on a %2 acre lot adjacent to Whitaker Creek in Pamlico County, NC. The lot is shaped so that access from the street is obtained through a narrow section leading out to a small peninsula. The peninsula is formed by a man made canal on the west side and Whitaker Creek on the north side and east side. The area in which the construction is proposed is in the center of the peninsula and on the highest part of the lot. The buildable part of the lot is approximately 80 feet wide at its narrowest point. The house will be approximately 30 feet from the water at its closest point. The house is being placed at this location due to the elevation of the land. As stated earlier this is the highest ,partof the lot. The elevation is approximately 9 feet above sea level at the proposed construction site. Moving south toward the street the elevation decreases to approximately 6 feet above sea level. The higher elevation was chosen in an effort to avoid flooding during hurricanes and storms. As a practical matter the proposed site is the only suitable site on this small oddly shaped lot. The property was purchased in July of 1999 and was cleared for construction soon thereafter. The property was inspected by the local permit officer and CAMA minor development permit #99-0020 was issued on August 3, 1999. A copy of the CAMA-minor permit is enclosed with this variance request. A building permit has also been obtained and construction would have begun by now if this additional variance permit were not required. Silt fences to prevent run-off were placed before the lot was cleared. These silt fences are still in place and are performing properly. After the house is built, no grass will be planted thereby eliminating the need for fertilizer or other chemical contaminants that might run off into surface water. The land will be allowed to remain in its natural state like the property next door and across the canal. As a general point, the owner is a sailor and water sportsman who is environmentally conscious and wishes to do what he can to keep our rivers and oceans clean and pollution free. The owner and his family voluntarily participate in river keeper clean up days and support environmental responsibility. Variance Request Form Part 3 Water Quality Protection Charles M. Coats 770-469-4690 This lot was purchased in July of 1999 and the lot was cleared and driveway graveled that same month. Before any clearing was done, silt fences were installed in affected areas and are still in place and functioning properly. These silt fences will remain in place until all construction is completed and the land has returned to its natural state. No harmful run off will be allowed. After the house is completed the land will be allowed to return to its natural state. No grass will be planted, thereby eliminating the need for fertilizer or other chemical contaminants. The house will be connected to county water and sewer services. No septic tank will be necessary. -The house will be constructed so that very little or no impact will be visited upon the adjacent surface water. 00101 ? gz -f 3g3 - C?`Z?Z xf 5? Ito 2 - Z";Zex 15:D A6 T1_6 A4-7,10,U = d 103 33 Aa, F I t? pre- u?? Lm. ? y ?f a3 Kure : 1NS SERUICES FAX NO. : 770 879 391 Jan. 25 2001 03:29PM P3 The Neuse Duffer Rules appkabpty If ownars respombIty 4e, Lout, LA? N 88'45'52' K\ AL G Mr? lb AIL L OGA T/ON LECZW 0'r IRON PPE FOUND 126.65' UPS - IRON PIPE SET `it'`i i' 1 7 ° - zrr•? MBS - MINMUM SUKDING SETBACK '? DUE - DUNACE O UTIUTY EASEMENT a• i( i.,Al El -r ,gyp JL'c ?.c. N 2 ?16? . Ft ? ,, i 75' GAM L per Subd Plot ` 41LpINC tops SE7QAtK ci tot 16 \ rPr 1 do Sea Vkta SubdMo4on Block r ?s y LLB (r s4` / w / ?b Yew < tG 6 CMCrftQ `?'y'YVC ?OJ / / Q4- oV ?Ve i Co T ?tT asfRoP1?Y 92TiPTGAlF O aNO A cuftdcY 432. s4AFhREA Ave- CtRTIFY THAT THIS PLAT WAS DRAWN UNDER \ T{.. 70c• n ? • b-- mHealth P.O. Box 870550 Stone Mountain, GA 30087 770.469.4690 Fax 770.879.2391 Chaz Coats R E G I O N A I A R K E T I N G DIRE "OR January 26, 2001 Ms. Debra Sawyer Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Dear Ms. Sawyer: In my letter of January 25, 2001 the distance of Zone 1 was measured incorrectly thereby throwing off the measurement of Zone 2 and rendering the calculations inaccurate. The measurements of this letter dated January 26, 2001 are correct. As you can see from the plot plan most of the house falls within Zone 1 or Zone 2 so the area to be mitigated is larger. As I stated in my variance request we plan to bring the land back to its natural state anyway. If more square footage needs to be mitigated this can be accomplished. The total square footage of the footprint of the house is 1909. Of that 1909 sq. ft., 1137 sq. ft. is in Zone 1 and 466 sq. ft. is in Zone 2. These areas were calculated from the shoreline on the north and west sides of the lot. The area underneath the porch was not included because it will be planted with shade loving, low growing junipers, thereby mitigating this area. The area of the house in.Zor&-Lj?i, 1137 sq. ft.: Cl- 7 X 3 = 3411 GC--) The area in Zone 2 is 466\` -`c C4-* +- c-7 ?6 X 1 '/z = 699 sq. ft. ? -- ??s 3411 + 699 = 4i-i-0- H,S03 Therefore 4110 sq. ft. would need to be mitigated. The area on the west side of the house and entrance is mostly fill dirt and cleared land. This area will be planted with trees and shrubs. On the northeast side of the house an area of 555 sq. ft. will be planted with trees and shrubs. A small area of 150 sq. ft. will form a walkway on the southeast side of the house. The total area that will be planted with trees and shrubs is: West side of house: 3220 sq. ft. Under Porch: Northeast of house: Southeast of house: Total 464 555. 150 K3J1 The total area that needs to be mitigated is 4110 sq. ft. The total area that is to be mitigated is 4389 and more area can be added if deemed necessary. Sincerely, ??z 2 Chaz Coats The Neuse Buffer Rules appllcabllty Is owners responslbpty Mid tt6St N 88'45'52' p• 26.83' sp, ??o 7 12 ?. o e 01 AL Link LOnO L ]ilk. tia ? 6 IL L OCA T/ON °? .11L LEGEND IPF at coy' ? r - IPF - IRON PIPE FOUND I26.65' IPS - IRON PIPE SET / ?? MBS - MINIMUM BUILDING SETBACK DUE - DRAINAGE AND UTILITY EASEMENT f of tin ? ? ti?•?a S iL a A N Lot 15 .516 Sq Ft r 75' LAMA _ per Subd. Plat \ Lot 16 aj \ tiCP .C1/"'Pr N J N Q CL A" Sea Vista Subdvlslan Block F y fr 04. over IPr C ? TRTIFlCAIr OF SURVr• AND ACCURACY LAMA NOTE JERRY R.. RYAN. CERTIFY THAT THIS PLAT WAS DRAWN UNDER ? ri,e 79• r,.... _