HomeMy WebLinkAbout20011697 Ver 1_COMPLETE FILE_20011119O?OF W A T ?R?G
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William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Michael F. Easley
Governor
F I L
November 20, 2001
DWQ # 01-1697
Pamlico County
Page 1 of 2
Richard L. and Clara D. ViIasi .
PO Box 512
Lanark Village, FL 32323,
Subject Property: Lot #14, Spicers Creek Subdivismi 56 Spicers Creek Drive, Oriental, NC 28571
Spice(rs) Creek 103-04-10, 27-141-3-1, SA HQW 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. and Ms. Vilasi,
You have our approval, in accordance with the conditions listed below, to impact approximately 1,097 ft2 of Zone
2 of the protected riparian buffers for the purpose of constructing the proposed single family residential dwelling on the
subject property. 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 CAviA permits.
This approval is only valid for the purpose and design that you described in your variance request form received
by the DWQ Washington Regional Office on 9/19/01 and the attached site plan initialed by DWQ staff on 11/20/01
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. An additional condition is that woody vegetation (native shrubs and trees) shall be planted in the retained
portions of Zone 1 of the protected riparian buffer on the property. The preferred number of individual
plants shall be such that there are at least 200 to 300 trees/shrubs per acre at maturity within Zone 1. You
may account for existing trees when determining the number of trees per acre. These plantings shall
occur no longer than one year after construction of the home has been completed.
No impacts shall occur to Zone I of the protected buffers (except for the additional plantings as described
within condition number one above and "exempt" activities as described within 15A NCAC 2B .0233(6)).
3. Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
as identified within 15A NCAC 2113 .0233(5). Roof drainage from the house shall be directed to vegetated
areas at non-erosive velocities prior to entering the protected riparian buffers. Any additional stormwater
located on the remainder of the property shall be directed as diffuse flow at non-erosive velocities prior to
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
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 approval, you may ask for and adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer
Protection Rules (15A NCAC 2B .0233 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Ms. Deborah Sawyer at
252-946-6481 if you have any questions or require copies of our rules or procedural materials.
• Sincerely, - , -
eJ.Thorpe, Ph.D.
DWQ
Cc: Beverly J. Iverson, Caldwell Banker Willis Smith, Harbour Realty, 401 Hodges Street, Oriental, NC 28571
Deborah Sawyer, DWQ Washington Regional Office
Ted Tyndall, DCM Washington Regional Office
File Copy
Central Files
DWQ 011697
NOV-19-2001 MON 03;15 PM FAX NO, P. 09
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Michael F. Easley
?O G Governor
FILE I William G. Ross,Jr. Secretary
Department of Environment and Natural ral Resources
rces
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
. Wetlands/401 Unit
Location: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650
Contact Information: General 919-733-1786 Fax: 919-733-6893
Fax To: c ??-' -J?-?? ? Fax Number: 21?Z -- ?rZIS-
Company: Date: I ?zd?o 1
From: -j aka Z..rzszj: Phone: -7-33-472 (o
T^
No. Of Pages including cover sheet:
Notes or special instructions:
NMENR
Division of Water Quality
Wetlands/401 Unit: (919) 733-1786
2321 Crabtree Blvd, Ste 250 Raleigh, NC 27604-2260
v? .
Page 2 of 2
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 approval, you may ask for and adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer
Protection Rules (15A NCAC 2B .0233 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Ms. Deborah Sawyer at
252-946-6481 if you have any questions or require copies of our rules or procedural materials.
Sincerely,
?f
J. Thorpe, Ph.D.
irector, DWQ
Cc: Beverly J. Iverson, Caldwell Banker Willis Smith, Harbour Realty, 401 Hodges Street, Oriental, NC 28571
Deborah Sawyer, DWQ Washington Regional Office
Ted Tyndall, DCM Washington Regional Office
File Copy
Central Files
DWQ 011697
NOV-19-2001 MON 03:12 PM FAX NO. P. 01
_ DWQ/WARD Fax:252-946-9215 Nov 19 '01 14:05 P.01
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DIVISION OF WATER QUALITY
WASHINGTON REGIONAL OMCE
WASHINGTON, N.C. 17$89
Phone; 252-946-6461. FAX: 252-946-9215
TO 1. 2,0,
FAX NO. '?t9 - 2 3
FROM:
DATE:
NO. OF PAGES (INCLUDING COVER);
943 Washlrx-bon 5gwm Mall, Washington, NC 27889•
NOV-19-2001 MON 0312 PM FAX NO. P, 02
DWO/WARO
Fax:252-946-9215
Nov 19 '01 14:06
P. 02
HARBOUR REALTY POAOXem
W MAD ST.
ORIENTAL, Z PAS71
raw roi9114wee
wui toeq 2404M
SWernber 14, 2001
Deborah A. Sawyer
Eny1rortmental Specialist m
blvisicn of Water Qgality
943 Washington Square Mall
Washington, A 27889
Dear Deborah,
SEP 1.9 2001 ,
On Tuesday, August 21, 2001, you spoke with Missy Baskrrvill of Coldwell Banker Willis
Smith, regarding a variance for Lot #14, Spicer Creak Dr„ Oriental, and Misty met with
with Ted Tyndall and Tracy Wheeler of CAMA in the afternoon to nark the setbacks.
The buyers are relocating the homesite and are willing to move the existing septic tank at
an additional expense of approximately $1,000. In your conversation with Missy you
believed, by stayirig out of Zone 1, this was a cam that could be fast tracked.
In regards to this property, the riece39ary documents have been signed by the properly
owners and are submitted as follows: Variance Request lot #14 Spicer creek; copy of
tope map showing site; septic Installation approval/operational permit; copy of
Wks original plat; survey shows 1 proposed location of homesite and aroma of
rattrodcheltnt in Znru 2. L02,&d?
Any and all assistance you can give to the prompt handling of this request Is truly
appreciated. rf you have any questions or conc Tom, please: do not hesitate; 7a contact me.
An Indepondantly Owned and Operated Member of Coldweil Banker Real Estate Corporation
NOV-19-2001 MON 0312 PM FAX NO. P. 03
DWQrIMR0 F'ax:252-946-9215 Nov 19 101 14:06 P.03
• OFFICE USE ONI.Y- Date Received Request#
State of North Carolina w , "-
Department of Environmoni and Natural Rosouroos
Division of water Quality ! SEP 10 2001
Variance Request Form - for Minor Vari-
Protection and Maintenance of Riparian Areas Rules
NOTE' This form may bo photooopled for use as an 0, ginal,
Please Identify which Riparian Area Protection Rule applies.
1 Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (1 $A NCAC .0233)
a Tar-Pamlico River Basin: Nutrient 'Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0250
Part 1: General Information
(Pleass Include attachments h the room provided is Insufllclent.).
1. Appilw- narno, the wrgorstion, individual,
2. Print Owner/SIC
Name:
Title:
Street address:
City. State, Zip:
Telephone:
Far
3. Contact person wh
Name:
Telephone:
Fax:
Email:
(pefson I'VAlly responsible for
4• Project Name (Subdivision, facility, or establishment name , consistent with project name on
plans, al y, iePrp, operation and r p ntenatloe agreements, ate.):
5. Project Lombon:
Street address:
CRY, B%OO, ZIP:
County:
LatitudenonglUde:
velaron 1: Fabnmry 2000
Wid is cvmpliancm)
'A
411_.
NOV-19-2001 MON 03:13 PM FAX NO. P. 04
Y DWQ/WARO Fax:252-946--8215 Nov 19 '01 14:06 P.04
6. Directions to site from nearest major Intersection (Also, attach an S Yx 11 copy of the U$GS
topographic map indicating the location of the site):
7. Stream to be impacted by the proposed activity:
Stream name (for unn ed,streams Label as "UT" o the nearest named stream).
Stream classification [aA identified wllhin the o odule of Classmoations 15A NCAC 2B
.0316 (Neuse) or.031 a (Tar-Pamlico)): Qa00?_ ?„ .... _.?....?_ _,_
8. Which of the following permits/approvals Will be required or have been received alroody for
this project?
Reuired: Received: Date received: permit Type:
?/a CAMA Major ,
CAMA Minor
401 Certification/404 Permit
- - J'(?N-6) On-site Waslewater Pa"It
NPDES Permit (including storumter)
Non-discha rge Permit
---- Water Supply Watershed Variance
-- Others (*pea*)
Part 2: Proposed Activity
(Please include attachments h the room provided is insricient.)
1. [7secdpdan•of proposed activity (Also, please attach a map of sufficient dets4l (such an a plat
mop or site plan) to accurately delineate the boundaries of the land to be utilized In carrying
out the activity, the l"flon and d1menslon of any disturbance In the riparian buffers
associated with the acOvity, and the extent of riparian buffeter on the land. Include the aroa
of buffer Impact In le.]: *. - ,. ? .
2, State masons why this plan for the proposed activity cannot be practically acoompliahed,
reduced,orr reconfgured to better minimize or eliminate disturbance to the riparian buffers;
3. Description of Ony best management places to be Used to control Impaota associated with
the proposed activity Q.a., control of runoff from Impervious surfaces to provide diffuse flow,
re-plant} vegetation or enhancement of exi tin v elution, etc.),.
fJ ?! ah
Ate- A-A
VQdaM* Ft"Ued Form. rage 2 -- -
Ver3lon 1: E`ebmary 2000
NOV-19-2001 MON 03;13 PM FAX NO. P. 015
DWQ/WARO Fax:252-945-9215 Nov 19 '01 14:07 P.45
4. Please provide an explanation of the follovAng:
(1) The practical difficulfies or hardships that would result from the strict application of thin
Rul% ,
(2) Hoyt' these difficulties or hardships result from conditions that are unique to the property
Involved,
(3) If economic hardship Is the major consideration, then include a specific oxplanS ion of the
eco)gmtc hardships and the proportion of the hardship to ".entire
ytilua of the protect
Part 3: bead Restrictions
By your signature in Part 5 of this application, you certlly that all structural stormwater best
mAnagerrment practices required by this variance shalt be located In recorded storrnwater
Nae nenta, that the earements will nun with the land, that the easements cannot be changI4 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
inforrnetion on your behalf, please complete, this 20etlon:
Designated agent
Mailing address:
city, state, zip;
Telephone:
Fax:
t:mall:
(Individual o firm): ?l??CSI
Part S: Applicant's Certification
V f ?V / (print or 4" name of person
listed In Part I, Itsm 2), cerury that the information Included on this permit application form Is
convO. that the project will be constructed in OOnformance with the approved plans and that the
deed resf dons In accordance with part 5 of this form will be recorded with all required permit
eonditlons. A r
Data:
Vgriancm Fisqueg Form, pave 3
Vsralon 1: February 2000
NOV-19-2001 MON 03:14 PM FAX NO. P, 06
DWQ/WARD Fax:252-946-9215 Nov 19 '01 1.4:07 P.06
Title:. b??c) EIQ -
Varies Roquoet Forrn, Page 4
Vwiilon 1: FebrUwy 2000
NOV-19-2001 MON 03;14 PM FOX NO.
DWQ/WPRO Fax:252-945--9215 Nov 19 '01 14:07 P.07
ORIENTAL QUADRANGLE
NORTH C,AROUNA
P, 07
713V
000
T
l3
NOV-19-2001 MON 03;15 PM
DWO/WARO
A
FAX NO, P. 08
Fax:252-946-9215 Nov 19 '01 14:07 P.08
PANLSCO COUNTY NZALTE DIPARTIINN'r
ENVIRONUSN'TAL N1lALT8 SNCTION
( ) CanTi icaTs or CORPL6r'rON or PO' OPERATION PERMIT
IBBUED TO: 011 1'N NIT#,
A914
DDRESS RSCO;D 4 W.
---
PEONR: 8R a -»
WATER SUPPLY,CNX) PUBLIC / l ) PlIVATRIaet from the septic speteA
IN13TALLRR3 s-Aw COA$ M
CSRTIFIRD OPNRATORj CART Z
CONTRACT CERTIFIED OPBRA LA &SCgrYRD2vBAR FILSSIL$
OPERATIONAL JISMIT Rgor IC ion !n 9'IIPQuTroms,
iWAAAERsCORIENTATIONaDEVIC$ptOR?j Vgq YD?YfWET)
APPROVAti " ss Sy's asr.has oos aehpet a t4o RUTIM as, a orn S S
4 FOR A; iJjj vvz ( ) Mertz ff"N ` 07 aA PLAT (SBg BELOW)
- _? on ea C1AL
FINAL INSTALLA30RN"a l
53PTIC TANI i EPP STATMi ACT & D w1low . „
S r TANS M ACTUAL R TIES •
P AM i IN
PURP TANX Mfg ACTUAL ACTUAL (ML/00LIGH 21 /OOS002 'a C -.__..aAL
COENRM!•9; -
**t:ss,erssseetteeetteeRts*ataa FINAL PLOT Raa.ewa?a*arra.,.es•R?aa•awaa.r
CC2RECTLY 1*8N'ATTIF Tol AiORE bI109AIXATONINAX OF TRIO psoxfT. 2SEN
-
CERTIFICATE OF OCCOPARCT X ALL Bs ALk,0W D VjIL SEE FpLLOwrN0 ITEM 10tw6
BXZN C0HPL9TBD. OBK "FrNA.L APPROVAL" SIUNATffnN BELOW. r
8Tj44.' 11'ESDED P9101 TO VINAL APPROVAL:
( neCTRICAL INSPECTION 01, Ow NLT--UP. tit' HOILDZPQ"INSPECTOR
( CONTRACT VITR CSRTIFIBD OI'EUT02 BRNSS MIM
PIN?r..,a P L .ARANETt .THIS..S!'STSH RAVE! 988N APPROVED.
APPROVAL BATE-j6!7
THE OWN90 OR CONTROLLAR of A Pj??ppppgg Y IS R1i pppp 9ISGg FOR ?E KAINTSNANCE
Of A (i?Ot1ND ApaO11p!'iSK Sl "P7C SYS?' IN A 1( NNBR Met ViLL t?? LA?I
"WL17 VIP anoawa a nrraCm: ** banrrows Marano. raD :ATza" OF R ARM
PUNISBADLS A8 A NISpINSANOR tWil" 0_3.130A-23125. (R91.1161)
NOV719-2001 MON 03;15 PM FAX NO, P. 09
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TOWN" +2, l'#W00 CO,' NORTH CARCUM
NOV-19-2001 MON 03;15 PM FAX NO. P. 10
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DIVISION OF WATER QUALITY
WASHINGTON REGIONAL OFFICE
WASHINGTON, N.C. ,17889
Phone: 252-946-6481 FAX: 252-946-9215
FAX NO. - S?
FROM, DATE: -R /A
NO. OF PAGES (INCLUDING COVER):
COMMENTS:??
943 WasfiingWn Squam Mall, WashingtoN NC 27889'
DWO/WARO
Fax:252-946-9215 Nov 19 '01 14:06 P.02
HARBOUR REALTY
September 14, 2001
Deborah A. Sawyer
Environmental Specialist III
Division of Water Quality
943 Washington Square Mall
Washington, Ak 27889
Dear Deborah,
Nov P n 2001
PO 80)(P64
904 OROAC ST.
ORIENTAL, NC 28671
NU& (919) 249.1000
PAX (919) 2IW2 9
SEP 19 2001 , :.
On Tuesday, August 21, 2001, you spoke with Missy Baskervill of Coldwell Banker Willis
Smith, regarding a variance for Lot #14, Spicer Creek Dr., Oriental, and Missy met with
with Ted Tyndall and Tracy Wheeler of CAMA in the afternoon to mark the setbacks.
The buyers are relocating the homesite and are willing to move the existing septic tank at
an additional expense of approximately $1,000. In your conversation with Missy you
believed, by staying out of Zone 1, this was a case that could be fast tracked.
In regards to this property, the necessary documents have been signed by the property
owners and are submitted as follows: Variance Request Lot #14 Spicer creek; copy of
topo map showing site;. septic installation approval/operational permit; copy of
Weyerhausees original plat; survey showing proposed location of homesite and area of
encroachment in Zone 2.
Any and all assistance you can give to the prompt handling of this request is truly
appreciated. if you have any quesrions or concerns, please do noT hesitate To COntoCT Mt.
Coldwell Ills Smith
An Independently Owned and Operated Member of Coldwell Banker Real Estate Corporation
DWO/WARO Fax:252-946-9215 Nov 19 '01 1406 P.03
OFFICE USE ONLY: Date Received Request
State of North Carolina
Department of Environment and Natural Resouroes !
Division of Water Quality SEP 19 2001
Variance Request Form - for Minor Vag'
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.
1 Neuse Rivet 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.0269)
Part 1: General Information
(Please include attachments N the room provided Is Insuffl'clentj .
1. 11pp11 s name (the co ration, individual, etc o own the property):
iA\Ar , 1n 1 L pmi 1itJ t1e/? ian
2. Print OwneriSig
Name:
Title:
Street address:
City. State, Zip:
Telephone:
Fax.
3. Contact person wh
Name: .
Telephone:
Fax:
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifrcationp. letters, operation and rr?intenance agreements, etc.):
5. Project Location:
Street address:
ctly, ewfe, zip:
County:
Latitudeflongitude:
Vemlon 1: February 2000
(person legally responsible for the property and its compliance)
nLT
DWQ/WARO
Fax:252-946-9215 Nov 19 '01 1406 P.04
6. Directions to site from nearest major Intersection (Also, attach an 8 % x 11 copy of the USGS
topographic map indicating the location of the site):
7. Stream to be impacted by the proposed activity:
Stream name (for ungWed,streams Ipbel as "UT" to the nearest named stream):
Stream classification
.0316 (Neuse) or.03
i identmed withln the c edule of Classifications 15A NCAC 28
(Tar-Pamlico)]:
,?e!! ?o
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required' Received:
Part I Proposed Activity
(Please Include attachments !f the room provided is insuiriclent)
Description-& 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 butters on the land. Include the area
of buffer Impact in fe.1:
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 buffer;
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-plandjZg vegetation or enhancement of existing vegetation, etc.):.
Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Variance Request Form, page 2
Verson 1: Feb" 2000
DWQ/WARD
Fax:252-946-9215 Nov 19 '01 1407 F.05
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
(3) if economic hardship Is the major consideration, then Include a specific explanation of the
ecoWmlc 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
$ale 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
Mailing address:
City, State, zip:
Telephone:
Fax:
Email:
(Indivi al o firm): <(?CSIZ
O
Part 5: Applicant's Certification
1, X e h . O pi (print or type name of person
listed in Part I, Item 2), certIty 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:
Variance Ftequest Form, page 3
Version 1: Febrlary 2000
(2) How these difficulties or hardships result from oonditions that are unique to the property
involved,
DWQ/WHRU Fax :2b2-yob-3115 NO V 13 " U 1 14'-U( n uo
Title: M)I EQS
Vari'nce Requad Form, page 4
Version t: February 2000
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PAMLICO COUNTY HEALTH DEPARTMENT
ENVIRONMENTAL HEALTH SECTION
( ) CERTIFICATE OF CONFLICTION or >0' OPERATION PERMIT
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OPERATIONAL PERMIT RESTRICTIONS AND STIPULATIOMSt
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DMSION OF WATER QUALITY
WASHINGTON REGIONAL OFFICE
WASHINGTON, N.C. ; 27889
Phone: 252-946-6481 FAX- 252-946-9215
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FAX NO. r
FROM:
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DATE:
Nn. OF PAGES (INCLUDING COVER):
COMMENTS:
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943 Washrg= Square Mall, Wash roor4 NC 27869
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" 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 213 .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 213 .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: [signed by Dr. Charles H. Peterson on 10 May 20011
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission
Effective Date: 10 May 2001