20010558 Ver 1_COMPLETE FILE_20010314

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Michael F._ Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
May 4, 2001
DWQ Project # 01-0558
Pamlico County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Douglas A. Faconi
451 Westbrook Road
Ringwood, NJ 07456
Cc: Sunbelt Assoc.
Attn: Mr. Nick Santoro
PO Box 729
Oriental, NC 28571
RE: Lot 1, Whorton Harbor, Whortonville, Pamlico County, NC
Brown Creek [03-03-07, 29-21-5, SC NSW]
REQUEST FOR MORE INFORMATION for the use of a Minor Variance from the Neuse River Riparian Buffer
Rules [15A NCAC 2B.0233(9)]
Dear Sirs,
The NC Division of Water Quality (DWQ) has reviewed you Minor Variance Request. Insufficient evidence is present
in our files to conclude that your project must be built as planned in protected riparian buffers in accordance with 15A
NCAC 2B .0233. Ms. Deborah Sawyer of the Washington Regional Office (WaRO) has stated to you that additional
information and a revised plat will be required to complete the review of your variance request. This office will not proceed
forward with the review of your variance request and will place this project "on-hold" until this additional information is
received.
Please respond within three weeks of the date of this letter by sending a copy of this information to me and to Ms.
Deborah Sawyer, Washington Regional Office at [phone]. If we do not hear from you in three weeks, we will
assume that you no longer want to pursue this project and we will consider the project as withdrawn. Please call Mr. Bob
Zarzecki at 919-733-9726 if you have any questions.
Y,
n Dorsey
N DWQ, 401 Ce ication Unit
Cc: Deborah Sawyer, DWQ Washington Regional Office
Terry Moore; DCM Washington Regional Office
File Copy
Central Files
010558
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.uslncwetlands/
?0? Michael F. Easley
?O G Governor
?? r William G. Ross, Jr., Secretary
> .? Department of Environment and Natural Resources
, Kerr T. Stevens
Division of Water Quality
MEMORANDUM
March 12, 2001
To: Bob Zarzecki
From: Deborah Sawyer kI5
Subject: Request for Minor Variance
Tar - Pamlico Buffer Rules
Douglas Faconi
Pamlico County

4AR 1 4 2001
The above subject variance request has been received by this office. This is one of the sites visited
with the Pamlico Co. realtors in 2000. I plan to do a site visit on either Thursday or Friday of this
week. Comments will be forwarded after the site visit.
01 O5 5 8
943 Washington Square Mall Washington, NC 27889 252-946-6481 (Telephone) 252-946-9215 (Fax)
ff
SUNBELT ASSOCIATES
REAL ESTATE INC.
BUYER'S AGENTS
Deborah A. Sawyer
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Dear Deborah:
?![?Frnr?Ll 11W/r?
FEB 14 2001

February, 12, 2001
T 3 ??
1
I am forwarding to you herewith a Variance Request Form I received today
from Mr. Douglas Faconi, owner of Lot #I in Whorton Harbor.
Lot # 1 in Whorton Harbor was the "premiere" in this subdivision and
commanded the highest price. Mr. Faconi was one of three people who
made a full price offer on this lot on the first day it was offered by
Wayerhaeuser back in November of 1999. If you will recall, this is one of
the lots we visited during one of your group visits last year (it was raining).
Mr. Faconi was unaware of the DWQ Buffer Rules when he purchased this
lot and had originally designed a home that intruded on Zone I of the rules.
After your visit to this lot, I strongly urged him to re-design the foot print to
avoid having any part of the home within 30' of the coastal vegetation. He
has now done that and is seeking a Minor Variance to allow him to begin
construction of his home.
You will note from the enclosed information, this is an unusual lot in that it
is over 8 acres in size. There is a dimension of approximately 70' of coastal
vegetation in addition to the 30' of the Zone I buffer at the point where the
house location occurs.
Please let me know if there is any way I can help to expedite the processing
of this variance request.
Very truly yours'
Nick Santoro
Broad Street, Post Office Box 729. Oriental, North Carolina 28571 •252-249-2867.1-800-334-4694
Fax: [phone] • E-mail: [e-mail] -
Visit Our Web Site: http://Www.pamlico-nc.com/Sunbelt.htm
Sailing Capital of North Carolina
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OFFICE USE ONLY: Date Received Request #
State of North Carolina L f
Department of Environment and Natural Resources
1
Division of Water Quality r ?f FEB 14 2001 I
Variance Request Form - for. Minor
Protection and Maintenance of Riparian Areas Rules
NOTE: This form maybe photocopied for use as an original.
Please identify which Riparian Area Protection Rule applies.
V11RO
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (Ii 5A NCAC .0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
__Part 1:;
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
?"? yv=s?.4s A G14GV l"
2.
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Zel ae-4,*s ,f P,4co"J/
Title: OWNER
Street address: S/ 4141 s7''8R,do& RD
City, State, Zip: R1ff&elddb Al 0- a744"G
Telephone: d7_3 ) 53.E 8'37-
Fax: ( 97-3) 4 46 7,3915' F?FCdi t1 C&W4Br , IVE7
3. Contact person who can answer questions about the proposed project:
Name: Al.-CAC 94n/TORO
Telephone: L 4a) _u 2 .2,9,67-
Fax: L__)
Email: r141)zxJt4A (RCOAJ.DoR?Cc?A-sT?cN&?"e core[
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
k'l Rro?v oR A07- /
5. Project Location:
Street address. -3O 61- .8Ro4iiJS C AE/? RD
City, State, Zip: W1AIRZ-0A43 4L? lye_
County: P-41Y'Z /C0
. ?.
Version 1: February 2000
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8'/Z x 11 copy of the USGS
topographic map indicating the location of the site)-
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FR
,rzjK A/ RT &O - •4PPRa x 1 l /i4e -rO 44VbxrwJ hAA.86R re ti RT)
Acl T / IS 47-- ZIVZ d F •C.S'T DR1 V.iF
7. Stream to be impacted by the proposed activity:
Stre name (fof unna ed streams label as "UT" to the nearest named stream):
?rQ,d & S t'-ce X_
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]:
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received:
Permit Type:
CAMA Major 0
CAMA Minor ?vr 8
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity.
(Please include attachments if the room provided is insufficient.)
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 fe.:
ZD , 1.'Yel.yD11V6L F1.441W6. CZ4:AX 1V E- . W,4rZRFypOlri'7'
S 7,4Az4i z-,+ T/GA/,
- -??? 6-. ?4-•7'?`?Fc/f?'D - G Sd FrL yrp Pax ? v???; so ; o vE? 3 0
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:
INai/FF/C/En17' ?4eeCA ?.?7"?t1?.E?f WG'7?A?yD .ice: ??/(/?f?7"i0N1 Gi9/+'/?{
_ ???.Sc"T14r44't ?i??E? i4C11 ?/.FV I?rCCT- !'ROf'.?TY L/ti/E ,
13?/Fe??2 /f7- .e,v4,*7-1dA1 srsow?c%
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.):
fMlmc-s,-ro Td B? .4 4,V4SC4AFZ> W11rH -9Hgt/RS ? TRc.ES ? AVAf
.b
r.
V"
Variance Request Form, page 2
Version 1: February 2000
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
yN/-}B•t TD GONST/ZVGT 11,61n4E 6A) W*72!FAFRANT' S?GT/On1
PRO?°.?i2 T'y_ _ L.S EJ?7r.G.1f•4J D
) ak -/d/?11E9
(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.
PipOr,gR7"X A$ ?¢ Gr/?TErQ?ROn/T 171bA7,;=S /7-4
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): NICK Shnr•MRa -PO ,ov)ta447- Asia C Mailing address: ro Box 7,29 _
City, State, Zip: CA 141V 7-,4 /- A/ C a2S71
Telephone: 4K2 245 rW
Fax:
Email: sArg`r?7V O COASC .A-cNeT• "-*-
Part 5: Applicant's Certification
I, A F-Acon! / (print or type name of person listed
in Part I, Item 2), certify that the information included on this permit application form is correct,
that the project will be constructed in conformance with the approved plans and that the deed
restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
Date:
Title: d r.J.vLR '
Variance Request Form, page 3
Version 1: February 2000
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
i
N - C
512 N. Salisbury St. Raleigh NC 27604 Phone [phone]