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HomeMy WebLinkAbout20150187 Ver 1_Major Variance Application_20150708Soil & Environmental Consultants, PA 8412 Falls of -Meuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846 -59(x) • Fax: (919) 846 -9467 sandec.com NC DWR To: 401 & Buffer Permitting Unit Attn: Jennifer Burdette 9th Floor - Archdale Building 512 N. Salisbury Street Raleigh, NC 27604 We Transmit to you Herewith: ❑ Drawings ❑ Specifications ❑ Brochures or photos ❑ Correspondence ❑ As per your request =ransmin =l FILE COPY Project #: 12409. WI Date: 211912015 Project Name: DARAR VARIANCE REQUEST File: ❑ For your information and files ® For comment or approval ❑ Returned for correction, resubmit ❑ Approved as noted Under Separate Cover: ❑ By mail ® By courier ❑ By express No. Conies Document No. Date Description 12 12409. WI 211612015 DARAR VARIANCE REQUEST APPLICATION Remarks:,1fn1�� l FEe Y 9 2015 DENR • WAT 401 $ 8llF ER RF MITT1IVG t If enclosures are not as listed as above, kindly notify us at once. By: Bob Zarzecki cc: 11 �, DWR dl State of North Carolina Department of Environment and Natural Resources Division of Water Resources DMsbu of Water Rewurces 15A NCAC 028 .0233 (8)(b), .0243 (8)(b),.0250 (11)(b), .0259 (8)(b),.0267 (11)(c),.0607 (e)(2) Protection and Maintenance of Riparian Areas Rules - Variance Application FORM: VAR 10 -2013 PLEASE IDENTIFY WHICH RIPARIAN AREA PROTECTION RULE APPLIES: ❑ Neuse River Basin (15A NCAC 02B.0233) ❑ Major Variance ❑ Minor Variance ❑ Catawba River Basin (15A NCAC 02B.0243) ❑ Randleman Lake Water Supply Watershed (15A NCAC 028.0250) ❑ Major Variance ❑ Minor Variance ✓ Tar - Pamlico River Basin (15A NCAC 02B.0259) 4 Major Variance ❑ Minor Variance ❑ Jordan Lake Water Supply Nutrient Strategy (15A NCAC 0213.0267) ❑ Major Variance ❑ Minor Variance ❑ Goose Creek Watershed (15A NCAC 0213.0606 & 15A NCAC 028.607) A. General Information 1. Applicant's Information(if other than the current property owner): Name: Mohamed Ali & Reem T. Darar Title: owners Street Address: 1205 Kinsdale Drive City, State & Zip: Raleieh, NC 27615 Telephone: (919) 675 -9735 ms•µ. _. ......, D 12rca FEB 1 9 2015 DENR - WATEFe'r <'Sr?;iF;C�:$ 401 & BUFFER PERMITTING Email: rdarar @backtonaturenc.com 2. Property Owner /Signing Official (person legally responsible for the property and its compliance): Name: Mohamed Ali & Reem T. Darar Title: owners Street Address: 1205 Kinsdale Drive City, State & Zip: Raleieh. NC 27615 Telephone: (919) 675 -9735 Email: rdarar @backtonaturenc.com FORM: VAR 10 -2013 3. Agent Information: 3a. Name: Company Affiliation Street Address: City, State & Zip: Telephone: E -mail: Bob Zarzecki. Wetlands Deoartment Manaeer Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104 Raleigh. NC 27615 (919) 846 -5900 bzarzecki@sandec.com 3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner. 4. Project Name (Subdivision, facility, or establishment name): DARAR PROPERTY 5. Project Location: 5a. Street Address: 734 Old Pamlico Beach Road (SR 1730) City, State & Zip: Belhaven, NC 27615 5b. County: Beaufort 5c. Site Coordinates (in decimal degrees): 35.3893 Latitude - 076.5952 Longitude 5d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site. 5e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site. 6. Property Information: 6a. Property identification number (parcel ID): 7610 -65 -6299 & 7610 -65 -6332 6b. Date property was purchased: September 27, 2013 6c. Deed book 1831 and page number 44 =5 6d. Map book and page number ** Plat Map Attached recorded in Plat Cabinet 29F -6 6e. Attach a copy of the recorded map that indicates when the lot was last platted. 7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)? ✓ YES ❑ NO 7a. If you answered yes above, in which AEC do you fall (30 ft or 75 ft)? 30 -ft AEC 7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC? 7.521% total new and old impervious within 30 -ft AEC (excludes deck) FORM: VAR 10 -2013 Page 2 of 6 8. Directions to site from nearest major intersection: From Hwv 264 in downtown Belhaven, NC, take NC -99 south for 5.7 miles: turn left on Savanah Road (SR1718) and go 2.6 miles crossing over Woodstock Rd (SR1722) onto Pamlico Beach Road (SR1725)(road changes names): stav on Pamlico Beach Road for 5.2 miles to Old Pamlico Beach Road (SR1730): turn left (east) and follow Old Pamlico Beach Rd. 0.8 miles (staving right at SR1776) to 734 Old Pamlico Beach Road (SR1730), house will be on the waterfront to vour right. 9. Stream associated with riparian buffer to be impacted by the proposed activity: Name Water Quality Classification Pamlico River (Stream Index No. 29(27) SA HQW; NSW 9a. For Goose Creek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ NO 10. List any permits /approvals that have been requested or obtained for this project in the past (including all prior phases). Date Applied: Date Received: Permit Type: B. Proposed Activity 1. Project Description 1a. Provide a detailed description of the proposed activity including its purpose: The proposed activitv is an after - the -fact request for a +/- 342.8 sf addition (sunroom) and a +/- 415.22 sf deck /steps attached onto an existing home located on the oroperty. The addition was constructed partially over a pre - existing concrete slab /pad ( +/- 71 sf). The deck was constructed over +/- 96 sf of previously existing structure. The remaining portion of the addition and deck were constructed over existing vard area. (Note: The areas listed above are from the proiect survevor as per the attached survey, and differ some from the DWR- NOV(s), with the exception of the area of pre- existing structure under the deck which was taken from the NOV). No trees were removed as part of this proiect. The disturbed area was heavilv used existing lawn area located along a bulk- headed and riprap lined shoreline of the Pamlico River. The purpose of the addition was to provide additional indoor and outdoor living space overlooking the Pamlico River to make better use of the existing home as part of a home renovation proiect. The work on the addition and deck began in the Fall /Winter of 2013 and progressed until such time that the owner was informed of the 50 -foot Tar - Pamlico Buffers by DWR as outlined in the attached January 15, 2014 Notice of Deficiencv (NOD- 2014 -PC- 0022). The owner met with DWR in March 2014 as outlined in the attached May 15, 2014 NOD- 201 -PC- 0022. S &EC was contacted in June 2014 to assist the owner with this matter. S &EC contacted Mrs. Jennifer Burdette of the DWR central office and all agreed that a survev was needed to properly identifv the extent of the impacts. The original survevor of the property was unable to assist and obtaining a new survevor took longer than anticipated. S &EC met with Mrs. Burdette on August 26`h to discuss the owners' options with only a draft survev in hand. The proiect was determined not eligible for the use of SL 2012 -200 given that the infrastructure work that had occurred was within 30 feet of the normal water level (NWL). Changes were reauired from the survev to properly locate the NWL and identifv the impacts. The proiect survev has only recently been finalized. See attached. 1b. Attach a site plan showing the following items as applicable to the project: 0 Development /Project name 0 Revision number & date 0 North arrow 0 Scale (1" = 50' is preferred) 0 Property /project boundary with dimensions 0 Adjacent streets and roads labeled with names and /or NC State Road numbers FORM: VAR 10 -2013 Page 3 of 6 0 Original contours and proposed contours 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries 0 Mean high water line (if applicable) 0 Wetlands delineated, or a note on plans that none exist 0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries 0 Extent of riparian buffers on the land including Zone 1 and Zone where applicable 0 Location and dimension of the proposed buffer impact (label the area of buffer impact in ftZon the plan) 0 Details of roads, parking areas, cul -de -sacs, sidewalks, and curb and gutter systems 0 Footprint of any proposed buildings or other structures 0 Discharge points of gutters on existing structures and proposed buildings 0 Existing drainage (including off - site), drainage easements, and pipe dimensions 0 Drainage areas delineated C. Proposed Impacts and Mitigation 1. Individually list the square footage of each proposed impact to the protected riparian buffers: Buffer Impact Number' — Reason for Impact Buffer Zone 1 Impact Zone 2 Impact Permanent (P) or Mitigation (square feet) (square feet) Temporary (T) Required 61 - ® P ❑ T Home Addition & ✓Yes ❑ No 586.6 0 Deck /Steps B2 - ❑P ❑T I I ❑ Yes ❑No B3 - ❑P ❑T I I ❑ Yes oNo Total Buffer Impacts I 586.6 'Label on site plan 2. Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate the amount of mitigation required. Required Zone Total Impact Multiplier Mitigation (square feet) (square feet) Zone 1' 586.6 (2 for Catawba only) 1,759.8 Zone 2 I 0 1.5 I 0 Total Buffer Mitigation Required: I 1,759.8 'For projects in the Goose Creek Watershed, list all riparian buffer impacts as Zone 1 and use Zone 1 multiplier. 3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable river basin /watershed. Mitigation will be provided as pavment into the Riparian Buffer Restoration Fund administered by NC EEP (or private bank if one becomes available). Pavment will be made within 30 days of variance aooroval. 3a. Is buffer restoration or enhancement proposed? ❑ Yes ✓ No If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one -time fertilization in the protected riparian buffers, and a plan sheet showing the proposed location of the plantings. 3b. Is payment into a buffer restoration fund proposed? ✓ Yes ❑ No If yes, attach an acceptance letter from the mitigation bank you propose to use or the NC Ecosystem Enhancement Program stating they have the mitigation credits available for the mitigation requested. FORM: VAR 10 -2013 Page 4 of 6 D. Stormwater 1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re- planting vegetation or enhancement of existing vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.). The deck is pervious and as such anv water will infiltrate into the soil below the deck. The runoff from the roof addition will fall partially onto the deck which in turn will infiltrate into the soil, and partially on to the existing concrete slab and lawn and then infiltrate directiv into the soil. The soils are mapped as Tarboro sand, "TaB ". on the Beaufort Countv soil survev. No discharges through the buffer to the river will occur. Per the soil survev and WebSoilSurvev. Tarboro sand drainage class is somewhat excessivelv drained, has a depth of more than 80 inches to a restrictive feature, runoff class is very low, and the capacity to transmit water (Ksat) is hiah to very hiah (5.95 to 19.98 in /hr). As such, we are anticipating anv runoff from the addition will infiltrate directly into the soil and not runoff to the river. 1a. Show the location of diffuse flow measure(s) on your site plan. 1b. Attach a completed Level Spreader Supplement Form or BMP Supplement Form with all required items for each proposed measure. n/a 1c. Attach an Operation and Maintenance (O &M) Form for each proposed level spreader or BMP. n/a 2. For Major, Catawba, and Goose Creek variance requests, provide a description of all best management practices (BMPs) that will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater. 2a. Show the location of BMPs on your site plan. 2b. Attach a Supplement Form for each structural BMP proposed. 2c. Attach an Operation and Maintenance (O &M) Form for each structural BMP proposed. E. Demonstration of Need for a Variance The variance provision of the riparian buffer rules allows the Division or the Environmental Management Commission to grant a variance when there are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of riparian buffer protection. 1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable return from or make reasonable use of your property. Merely proving that the variance would permit a greater profit from the property shall not be considered adequate justification for a variance. The Division will consider whether the variance is the minimum possible deviation from the terms of the applicable Buffer Rule that shall make reasonable use of the property possible. This is an existing lot with an existing home. When the owner purchased the home and orooerty thev were not aware of the Tar - Pamlico Buffer rule. The addition was constructed Partially over existing impervious and structural areas and was deemed necessary for the owner to eniov river front views from both inside and outside of the home. Constructing these additions to the rear (north) or west side of the home would not provide the desired views. Constructing them on the east side does not work with the existing lavout of the home and would still reauire buffer impacts, and impacts in areas without existing impervious or strucutures. Also, constructing the addition on the east or west sides is not possible given the existing and repair septic systems. Building a second floor was not practicably given the lavout of the home, cost prohibitive within the owner's budget, and would not be accessible to the owner's elderlv parents who live with them. FORM: VAR 10 -2013 Page 5 of 6 2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors such as deed restrictions or other hardships (e.g. zoning setbacks, floodplains, etc). The home is existing, and the. cost to relocate the home closer to Old Pamlico Beach Read was not Dracticable. 3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different from that of neighboring property. The home is existing and anv additions to the home nn the south and east sides would be within the buffers. Existing and repair area septic systems orevent construrtion of the addition to the Pastes f west sides idescritied above 4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer Rule. The hardship would have existed prior to the applicant violatinv tpldq The owner would not have-been able to construct the addition without this variance. S. For Neuse, Tar - Pamlico, Jordan lake and Goose Creek only: Did the applicant purchase the property after the effective date of the applicable Buffer Rule and then request a variance? Yes. The aoplicant purchased the orooertv on Sentember 27.2013. However this dnes not chanee the hardshio as to the need for the addition or deck. as the lot and home both ore - existed orior to the effective date of the buffer rule and as such a similar variance would have been required if the orevious owner for this Droiect. 6. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that are widespread. The ore - existing conditions within the location of the addition included imoervious areas. structures and heavilv trafficked lawn area. The activity did not reouire the removal of anv trees or woodv vegetation or imoacts to anv high functioning buffers. These conditions do not exist on every oroperty. F. Deed Restrictions By your signature in Section G of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded drainage 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. G. Applicant's Certification I, Mijic'tb ed i Aom (�a v- (print or type name of person listed in Section A, 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 ee3? trictions in accordance with Section F of this form will be recorded with all required permit conditions. i �p Signature: 1L�1'1�( f�� ��'i►�Y Date: l FORM: VAR 10 -2013 Scanned by CamScanner AC'u"Aw CICDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 15, 2014 CERTIFIEn MAIL #7012 2210 0002 4887 2196 Mr. Mohamed Ali Darar 1205 Kinsdale Drive Raleigh, NC 27615 -1124 Subject: Restoration Deadline NOD- 2014 -PC -0022 Mohamed Ali Darar Tar - Pamlico River Riparian Buffer Violation Beaufort County Dear Mr. Darar: John E. Skvarla, III Secretary On January 7, 2014, Anthony Scarbraugh of the Division of Water Resource (MVR) met with you to inspect' your property located adjacent to SR 1730 (Old Pamlico Beach Road East) near the town of Belhaven, Beaufort County. During the site visit, DWR staff observed impacts to the riparian buffer adjacent to the Pamlico River. Impacts consisted of the placement of impervious surfaces in the riparian buffer, which consists of the construction of a new 24' X 16' room and 22' X 16' wood deck at an elevation of 3 above ground level, which is prohibited within the buffer rules.. Please note, approximately 64 square feet of previously existing impervious was located underneath the footprint of the new room, and approximately 96 square feet of previously existing structure was located under the new deck. On January 15, 2014, DWR issued a Notice of Deficiency (NOD) for the Tar - Pamlico River Riparian Buffer violation with a response deadline of 30 days upon receipt of the NOD and a restoration deadline of April 12014. On March 31, 2014, Anthony Scarbraugh of DWR and you met in the North Carolina Department of Environment and Natural Resources Washington Regional office to discuss the subject violation. During the discussion, you had stated that a family matter had delayed your response however you would request an extension via email within a week. In addition, DWR staff discussed the two options to comply with the violation either to apply for a Major Variance from the Tar - Pamlico Riparian Buffer Rules or remove the portion of the onsite structures that are out of compliance. In addition, DWR staff required that following structure removal, the previously existing grass lawn be reestablished. It is the expectation of this Office that a Major Variance; From the Tar - Pamlico Riparian Buffer Rules application be submitted to the DWR Raleigh Central Office or the unauthorized structures are removed within 30 days of the receipt of this letter. If you wish.for the impacts to remain in place, you must contact Jennifer Burdette of DWR 401 & Buffer Permitting Section at (919) 807 -6364 for information on how to request a Major Variance; From the Tar - Pamlico Riparian Buffer Rules. If you elect to remove the unauthorized structures, please submit pictorial documentation to this Office. Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946-64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Cen rated by Cam Thank you for your attention to this matter. This office requires that the violations as described above be properly resolved. Unresolved violations may lead to the issuance of a Notice of Violation and /or assessments of civil penalties. If you have any questions or require any additional information, please contact Anthony Scarbraugh at (252) 948 -3924 or me at (252) 948 -3921. Sincerely, Robert Tankard, Assistant Regional Supervisor "- Water Quality Regional Operations Section Division of Water Resources, NCDENR cc: WaRO Files Shelton Sullivan -401& Buffer Permitting Unit Steve Trowell, DCM Washington Generated by CamScanner R DENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary January 15, 2014 CERTIFIED MAIL #7012 2210 0002 4887 4404 Mr. Mohamed Ali Darar 1205 Kinsdale Drive Raleigh, NC 27615 -1124 Subject: NOTICE OF DEFICIENCY NOD - 2014 -PC -0022 Mohamed Ali Darar Tar - Pamlico River Riparian Buffer Violation Beaufort County Dear Mr. Darar: On January 7, 2014, Anthony Scarbraugh of the Division of Water Resource -Water Quality Regional Operation Sections (DWR- WQROS) met with you to inspect your property located adjacent to SR 1730 (Old Pamlico Beach Road East) near the town of Belhaven, Beaufort County. Prior to the inspection, Mr. Steve Trowell of the Division of Costal Management, Mr. Scarbraugh and you met at the Washington Regional Office to discuss unauthorized expansion of a structure within the Tar - Pamlico River Riparian Buffer. The property is bordered by Pamlico River, which is located in the Tar - Pamlico River Basin and is therefore subject to the Tar - Pamlico Buffer Rules. During the site visit, DWR- WQROS staff observed impacts to the riparian buffer adjacent to the Pamlico River. Impacts consisted of the placement of impervious surfaces in the riparian buffer, which consists of the construction of a new 24' X 16' room and 22' X 16' wood deck at an elevation of 3 above ground level, which is prohibited within the buffer rules. Please note, approximately 64 square feet of previously existing impervious was located underneath the footprint of the new room, and approximately 96 square feet of previously existing structure was located under the new deck. As a result of the site inspection and file review, the following violations, detailed below, are noted: • Tar - Pamlico River Buffer Rule Violation 1) Tar - Pamlico River Buffer Rule Violation (15A NCAC 2B .0259) The riparian buffer extends fifty feet landward of coastal marsh or from the top of bank from any feature that shows as a surface water on either the soil survey map prepared by the Natural Resource Conservation Water fatality Regional Operations Section 543 Washington Square Mall, Washington, North Carolina 27889 Phone: 252 - 9464;4811 FAX: 252.975 -3716 internet Pn",ncwatet= M EQUA Oppoft" t AthnnA" Adorn EffOoyw Generated by C a m S ca n n e r Page 3 of 3 * ** *You are encouraged to secure a consultant to assist you with your plan development and Variance application necessary to achieve compliance. * * ** Thank you for your attention to this matter. This office requires that the violations as described above be properly resolved. Unresolved violations may lead to the issuance of a Notice of Violation and /or assessments of civil penalties. If you have any questions or require any additional information, please contact Anthony Scarbraugh at (252) 948 -3924 or me at (252) 948 -3939. Sincerely, a��/ David May, P.G. Regional Supery Washington Regional Office cc: WaRO Files Shelton Sullivan —401& Buffer Permitting Unit Steve Trowell, DCM Washington Generated by CamScanner PG BQautort��,�#cggounty, Nc Outube, it', GIJ Book 1091 Page 4 FEE: $26.00 INSTR MENT UNTRO5915 .,, LA AL, H$AIJFORT COLAdTY LAND RACORDS P 90 ROt}TSP1G FORad l . INSIRUNENT # 2x13605915 ' I Land R Date NORTH CAROLINA DEED Prepared by: — Gary Derman, atty. Return to: Grantee Excise tax: Parcel ID's: 7610 -65 -6299 and 7610 -65 -6332 Grantor's mailing address: 1205 Kinsdale Drive, Raleigh, NC 27615 Grantee's mailing address: 1205 Kinsdale Drive, Raleigh, NC 27615 Property address- a Road. Belhaven, NC 2781 conveyed The property deed is not idence of • THIS DEED, dated .. °r feminine_ nr neuter as reauired by context. The Grantor hereby grants and conveys to the Grantee, in fee simple, all of the following- described real estate located in Beaufort County, North Carolina, and more particularly described as ws: - Lys south of NCSR 1730, and BEING (a) all of Tract I and Tract II as described in a deed from Mary A. McDonald, which deed was filed for lJiLAg ult D"c LLJUQ -i 2 , page 530, Beaufort Counly Registry, an of the parcel dObscribed in the abed recorded in Book 805, page S 3, and in aw dood iouuidcd in Book 1269, page 329, Beaafbrt County Registry. Notwithstanding any errors in said deeds, in other deeds, and/or in the plat Grantori.ntends, by this ins runi+nt to convey tq the Grantea-all-,of-flie- property conveyed to the Grantor by deed recorded on September 27. 2013 in Book 1829, page 278, Beaufort County Registry. This instrument shall be cons eruf�so as achieve the Grantor's said intent. TO H ♦ VE AND TO HOLD the of resat [ real es:at -e I pri eges, improvements, and appurtenances thereto in fee limp -le. .��i����..m����:a:n ��n.�irataias ic•.:a,a�:..ni����.aa�:ar..i.: a...�..a�at NEW VISION PARTNERS, LLC ryl�� I. Gary K. Berman, a notary -p blic for the aforesaid state and county, hereby certify that Mohamed Ali Darar personally came before me this day and acknowledged that he is a member - manager of New Vision Partners. LLC, a North Carolina limited liability company, and that by authority duly given and as an act of said limited liability llarn—. ��.+s o- iti bebalf as is act ,111 11 rs—a = O I otaryPuh1k , My co - issiom p3 �� % Qr Qr 'Wnrrt r 1 rAA�L • t Op w atkvvRr MugiaErou � � RLOOO *AMR mg Tr apr OF0tlf C4ROt -04 a� TO K � 4W o MULXf.AQ mm AT OMTMI Jr IMP It j OR ►'�RLt Of t�Q Ar AK Lo:IM ►AIlCl1 i [t► . 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D/ NJ J'O tsI 79 80A r Nokw �► ��'�� L mewm w Na i IMPROVEMENT PERMIT For Office Use Only Page 1 of 2\ Beaufort County Health Department *CDP File Number 123283-1 Environmental Health Section 7610656332 County ID Number: 220 North Market St. rvis � Evaluated For. REPAIR Washington NC 27889 Phone: 252- 946 -6048 Fax: 252- 946 -2074 PERMIT VALID UNTIL: 0 9 / 1 $ I $ 1 H 'NOTE TO INSPECTIONS DIVISION: Building Permits cannot be issued with only an Improvement Permit. ❑ Fill Sheet ® CA? Applicant: Mohamed Ali Darer � r Property Owner: Mary McDonald Address: 1205 Kindale Drive 5616 State Hwy DD Address: City: Raleigh City: Fetus State /Zip: NC 27615 State /Zip: MD 63028 Phone #: 'Phone #: / Address734 Old Pamlico Beach Rd Property Location & Site Information Road # Belhaven NC 27810 Subdivision: Phase: Lot: Township: Directions Structure: SINGLE FAMILY Pamlico Beach Road East # of Bedrooms: 3 # of People: 6 Water Supply: PUBLIC �—Init_ial System Svstem Soecifications *Site Classification: N/A Saprolite System? Q Yes ® No Minimum Trench Depth: oZ 4 Inches Design Flow: 3 6 $ Maximum Trench Depth: a 4 Inches Soil Group: Fill Depth: Inches Soil Application Rate: .—. Septic Tank: 1 0 $ $ Gallons *System Classification /Description: TYPE II A, CONV SYSTEM (SINGLE- FAMILY OR 480 GPD OR Pump Required: 0 Yes ® No 0 May Be Required \ "Proposed System: CONVENTIONAL Pump Tank: Gallons / Repair System Required: Q Yes ®No 0 No, but has Available Space / Repair Svstem *Site Classification: Minimum Trench Depth: Inches Soil Application Rate: _ Maximum Trench Depth: Inches *System Classification /Description: Fill Depth: Inches Pump Required: Q Yes 0 No Q May be Required *Proposed System: Pump Tank: Gallons No grading or construction activity is allowed in areas designated for system and repair without approval of Health Department. -Site Modifications / The issuance of this permit by the Health Department in no way guarantees the issuance of other permits. I ne permit hoiaer \ is responsible for checking with appropriate governing bodies in meeting their requirements. 'Permit Conditions Pump and crush existing tank; backfill with sand; set new 1000gal tank and distribution box; install all piping and 3 lines (3'x 40') conventional rock trenches for repair; use soil cloth; maintain setbacks The Department and Local Health Department may impose conditions on the issuance and may revoke the permits for failure of the system to satisfy the conditions, the rules, or this article. This permit is subject to revocation if the site plan, plat, or intended use changes (NCGS 13OA -335 (f)). The person owning or controlling the system shall be spon Ible for assuring compliance with the laws, rules, and permit conditions regarding system location, installation, operation, mainter, c oniWinng sporting, and repair (.1938(b)). *Authorized State Agent: 2016 -Hager, Matthew Date of Issue: $ 9 / 1 8 /.a' $ 1 3 QHand Drawing O Impgk DrJJ Site Plan /Drawing attached. ** Total Time:(HH:MM) Activity Code: 0 Hours , . Minutes CONSTRUCTION AUTHORIZATION Beaufort County Health Department Environmental Health Section 220 North Market St. 1712 Washington NC 27889 Phone: 252 - 946 -6048 Fax: 252 - 946 -2074 Applicant: Address: City: State /Zip: /11 For Office Use Only Page 1 of *CDP File Number 123283-1 County ID Number: 7610656332 Evaluated For: REPAIR PERMIT VALID UNTIL: 0 9/ 1 8/ x 0 1 8 / ❑ Open Pump System Sheet Mohamed Ali Darar ( Property Owner: Mary McDonald 1205 Kindale Drive Address: 5616 State Hwy DD Raleigh NC Phone #: //�Address734 Old Pamlico Beach Rd Road # Belhaven NC Township: Structure: SINGLE FAMILY # of Bedrooms: 3 # of People: 6 \'Water Supply: PUBLIC "Site Classification: N/A City: Fetus 27615 State /Zip: MD 63028 Phone #. ProDertv Location & Site Information /\ 27810 Subdivision: Phase: Lot: Directions Pamlico Beach Road East wsiem �0 CifIC ffA'S _ Minimum Trench Depth: a 4 Inches Saprolite System? 0 Yes C No Design Flew: 3 6 0 Soil Application Rate: _ *System Classification /Description: TYPE II A. CONV SYSTEM (SINGLE- FAMILY OR 480 GPD OR LESS) `Proposed System: CONVENTIONAL Nitrification Field 3 6 0 Sq. ft. No. Drain Lines 3 Total Trench Length: 1 a 0 ft. Maximum Trench Depth: a 4 Inches Minimum Soil Cover: Inches from "Natural Ground Level" Maximum Soil Cover. 1 a Inches Natural Ground Level" *Distribution Type: GRAVITY - PARALLEL (eq. d -box) Septic Tank: 1 0 0 0 Gallons Pump Required: 0Yes No Pump Tank: Gallons Trench Spacing 9 0 Inches O.C. Grease Trap: Gallons : (g Feet O.C. Septic Tank Installer Trench Width: 3 O Inches Grade Level Required: ® I Oil 0111 01V ® Feet Aggregate Depth: 1 a inches The issuance of this permit by the Health Department In no way guarantees the Issuance o(of'her permits. 1 he permit holder is responsible for checking with appropriate governing bodies in meeting their requirements. *Permit Conditions Pump and crush existing tank; backfill with sand; set new 1000gal tank and distribution box; install all piping and 3 lines (3' x 40') conventional rock trenches for repair; use soil cloth; maintain setbacks I This Authorization for Wastewater System Construction shall be valid for a person equal to the period of validity of the Improvement Permit, not to exceed five years, and may be issued at the same time the Improvement Permit issued (NCGS 130A- 336(b)). If the installation has not been completed during the period of validity of the Construction Permit, the Information submitted in the application for a permit or Construction Authorization is found to have been incorrect, falsified or changed, or the site is altered, the permit or Construction Authorization shall become invalid, and may be suspended or revoked (.1937(g)). The person owning or controlling the system shall be responsible for assuring compliance with the laws, rules, ajndp't conditions regarding system location, installation, operation, maintenance, monitoring, reporting and repair (Sta(h)). 'Authorized State Agent:2ola - Hager, Matthew "Date of Issue: 0 9 / 1 8 / a 0 1 3 /0 Hwing 0 import Drawing * *Site Plan /Drawing attached. ** Malfunction Log Oyes Total Time:(HH:MM) Activity Code. 0 Hours 0 Minutes 09 -18 -2013 o ..t OVERNEIID UTILIT>ES EP w EDGE OF PAVE WENT N/F w NOW ORf FOR%ERL Y NTS ■ NOT TO SCALE Wj 'LL ■ E)GSTWG RF RAP &A -*4EAO 25.00 feet cxxxxxxx�x� 1:300 EP EP �. NCSR 60' R1GN _ 173 T OF-- WA Y IPA b1 4 VE SJ2• ' 3 p'00 �E - -� 1 EIP 68.00' • -_„J • PT Riw y M1 S29'51.01 'W 13,84'\ �` _ - -r S,5 7'08'4 r 'E 59,14' i PT 1C1-10RD1 � 40' qp' 40' 4 7 c N PUMP AND CRUSH EP £P CURVE R + 89 3' I P$ R/W T . 29 vii a-L " Y � 1 �Y Y t1 , 5' '' . CAR- V "T OLD TANK L t' X ONE STORY I ? r FRAME N DWELLING �. '� 1 tQ.N O O ST ( iw V) PT 1- o� EIP PT F- K F N72'40'12 "W x 7N 09'01 "W x �` 48.23' , NJT'4J'11'W 7. K rr 23.23' ti ^ 10.20' >L RETERE NCE 08 1066 PG 534 PARCEL AREA 12,228 r S.F. 0,3tAC REVISED JULY 14, 1998 Pre.)ared with QuikPlatPro32 by T-, �--�~ N81'26'27`W 47.46' PT SEE AGREEWNT 08 933 PG 261 4 PAMLICO RIVER �IH CAiRo ,F°t (�, ��ttig�i��••0}y�i�C� 1, i�7 ��� 0 • N w SEAL. � n TO BOAT HOUSE PAMLIC RI VE ConnectGIS Feature Report Pagel of 2 http: //beaufort. connectgis. com /DownloadFile .ashx ?i= _ags_map62f97e9Obc 1243c9a61 e52ff... 7/8/2014 ConnectGJS Feature Report OBJECTID 42852 GPIN LONG 7610 -65 -6332 MAILING ADDRESS STATE NC ACRES 0 NBR BLDG 5 LAND VAL 125511 TOT VAL 199822 SUB CDE SALE PRICE DISTRICT 7 EXEMPT AMT SQ FT 1772 EFF YR 1973 FLOOD PLAIN NBR HALF BATHS 0 PIN 07027617 OWNER NAME DARAR MOHAMED ALI MAILING ADDRESS2 1205 KINSDALE DRIVE ZIP 27615 ACCT NBR 918985 GPIN 7610 -65 -6332 OWNER NAME2 DARAR REEM T CITY RALEIGH PROPERTY ADDRESS SR 1730 MAP SHEET 761002 DATE DEED BOOK and PAGE 10/17/2013 1831/0004 BLDG VAL DEFR VAL 74311 0 NBHD CDE NBHD DESC AW AVERAGE WATER SUB DESC STAMPS ZONE LAND USE PROP DESC MBL 1 LOT #48 PAMLICO BEACH 76100224 ROAD TYPE YR BUILT P 1940 NBR BED NBR BATHS 3 2 EXEMPT PROP CENSUS BLOCK PREV ASSESS 199822 NBR STORIES 1 Page 2 of 2 Beaufort County online map access is provided as a public service, as is, as available and without warranties, expressed or implied. Content published on this website is for informational purposes only and is not intended to constitute a legal record nor should it be substituted for the advice or services of industry professionals. The County of Beaufort and the Website Provider disclaim all responsibility and legal liability for the content published on this website. The user agrees that Beaufort County and its Assiqns shall be held harmless from all actions, claims, damages or judgments arisinq out of the use of County data. http: / /beaufort. connectgis. com /DownloadFile .ashx ?i= _ags_map62f97e9Obc 1243c9a61 e52f£.. 7/8/2014 ♦ ` �, , jaw GOOSte earth feet' 10 metersi 10 2011 Aerial Image of Pre - existing home and structures within the buffer. Wood Duck Land Surveying, PC { 6. August 26, 2014 Bryant E. Hardison, Jr. PLS 42 South Teach's Point Road Bath, NC 27808 PLS NC L -2889 Corp.# C -3774 Re.: Lot at Pamlico Beach Owner: Reem Darar, Raleigh, NC Blue flags = zone 1 of Pam -Tar buffer, yellow flags = zone 2 of Pam -Tar buffer from NWL View looking east • Page 2 August 26, 2014 Fellow flags = 50' Pam -Tar buffer view looking south Blue flags= 30' Pam -Tar buffer view looking west • Page 3 Blue = 30' Pam -Tar bufer across deck view r r I Blue flags= 30' Pam -Tar buffer and yellow flags= 50' Pam -Tar b View looking north on west side of house concrete pad shows on the old survey as existing August 26, 2014 At AM Nrl pt A i Ro Cu a '{.`— Y� DARAR PROPERTY 734 Pamlico Beach Road 4f� 0.28 SAC (�2' ;�.w1 ) �- 12,246.95 sq. ft. --I S 29 °51'01 "W F \ 13.84', S.wd.sdc - I" x I" r�s0 (32" .boss grade) Surveyor's Notes All distances are horizontal ground unless noted Area by coordinate computations. 'Pam -Tar Buffer was measured from outside edge ofbulkhead. 'No other encroachments were found by ground evidence, or reflective from deed descriptions. 'Subject to all easements, zoning regulations, or restrictive covenants of record 'Right -of -Way information from recorded deeds and maps and existing occupation. 'Area summary : 0.281 +/- total acres. 'No title search provided to the surveyor, and would be subject to easements and restrictions that might be revealed from said search. 'NC geodetic control within 200(Y of property as shown. Reflects current occupations at the time of survey. 'This is an existing parcel of land. 'Purpose of this survey is for the location of boundary descriptions on the ground for resolve of Pam -Ter buffer dispute. / - - --a "PrV � that this plat was drawn under rvey under my supervision 831, Page 004 ); that the rly indicated as drawn, that the / latitudes and departures is 1: 'ed in accordance with G.S. 3riginal signature, license F of 2014. 2889 0 O o Nz w I r f A� 015 ` R . FS BU F ,4 4018, P� zi 'T NQ Revised : 11 / 16 / 2015 - show septic areas Revised: 12 / 20 / 2014. NWL to bulkhead, --ped under house Revised : 2 / 10 / 2015 -show snp, & nea Wood Duck Land Surveying, PC Bryant E. Hardison, Jr. PLS NC L -2889, C -3774 42 Soth Teach's Point, Bath, NC 27808 Mohamed Ali Darar and wife, Reem T. Darar Bath Township, Beaufort County, North Carolina Bate surveyed: 8/14 /2014 Date Drs,- 10/20/2014 By: Bryant E. Hardisoq Jr. PLS By: Bryant E. Hardi Jr. PLS PIS 8: 42889, C -3774 seeder me inch- twenty feet Field Book: F 069, crd.: 2014_110 ' Dads end Mere: 1931 / 004; PC F / 29-6;' FRe : Dam -R -12014 110 1803 / 533; 1399 / 445; MB 2 / 6; Torrine Tnctk:2014 110,C &Gven.9.0.1 131550; Legend R/W right- of-wey - C/L to line EoP Edge ofPav- adjoinerlines, - - - tie down lines bulkhead 1111222 Deed Book / Page 0 NC Grid Geodetic monument E.IP Existiogcanasfoued Ex.RRS Existing miWW spike S.Ms,g. Magnetic mil Ex. Nail Existing Nail. RR spike SR .1 Inn Pipe ( I" gal—id) x NPs No Point Set S Ex.Re -bv Exie i g Re -bar Cm.Moa Cmcrele Mmument T Ex.A.xle Existing Iron Axle r� R S.wd.stk. Set wood stake 1" x I" Nomul Water Level Q 4f� 0.28 SAC (�2' ;�.w1 ) �- 12,246.95 sq. ft. --I S 29 °51'01 "W F \ 13.84', S.wd.sdc - I" x I" r�s0 (32" .boss grade) Surveyor's Notes All distances are horizontal ground unless noted Area by coordinate computations. 'Pam -Tar Buffer was measured from outside edge ofbulkhead. 'No other encroachments were found by ground evidence, or reflective from deed descriptions. 'Subject to all easements, zoning regulations, or restrictive covenants of record 'Right -of -Way information from recorded deeds and maps and existing occupation. 'Area summary : 0.281 +/- total acres. 'No title search provided to the surveyor, and would be subject to easements and restrictions that might be revealed from said search. 'NC geodetic control within 200(Y of property as shown. Reflects current occupations at the time of survey. 'This is an existing parcel of land. 'Purpose of this survey is for the location of boundary descriptions on the ground for resolve of Pam -Ter buffer dispute. / - - --a "PrV � that this plat was drawn under rvey under my supervision 831, Page 004 ); that the rly indicated as drawn, that the / latitudes and departures is 1: 'ed in accordance with G.S. 3riginal signature, license F of 2014. 2889 0 O o Nz w I r f A� 015 ` R . FS BU F ,4 4018, P� zi 'T NQ Revised : 11 / 16 / 2015 - show septic areas Revised: 12 / 20 / 2014. NWL to bulkhead, --ped under house Revised : 2 / 10 / 2015 -show snp, & nea Wood Duck Land Surveying, PC Bryant E. Hardison, Jr. PLS NC L -2889, C -3774 42 Soth Teach's Point, Bath, NC 27808 Mohamed Ali Darar and wife, Reem T. Darar Bath Township, Beaufort County, North Carolina Bate surveyed: 8/14 /2014 Date Drs,- 10/20/2014 By: Bryant E. Hardisoq Jr. PLS By: Bryant E. Hardi Jr. PLS PIS 8: 42889, C -3774 seeder me inch- twenty feet Field Book: F 069, crd.: 2014_110 ' Dads end Mere: 1931 / 004; PC F / 29-6;' FRe : Dam -R -12014 110 1803 / 533; 1399 / 445; MB 2 / 6; Torrine Tnctk:2014 110,C &Gven.9.0.1 131550; Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846 -5900 • Fax: (919) 846- -9467 sandec.com May 8, 2015 S &EC Project # 12409 To: N.C. Division of Water Resources 401 & Buffer Permitting Unit Attn: Jennifer Burdette Archdale Building — 9b Floor 512 North Salisbury Street, Raleigh, NC 27604 From: Bob Zarzecki Soil & Environmental Consultants, P.A. Re: Darar Property Major Variance — DWR # 15 -0187 Belhaven, Beaufort County, NC On behalf of the owners, Mohamed Ali and Reem Darar, we provide the following additional information in response to and as requested within your March 13, 2015 letter (attached). Please contact me at (919) 846 -5900 if you have any questions or require additional information. 1. Your application indicates that the property owners were not aware of the Tar - Pamlico Buffer Rule when they purchased the home and began remodeling, but contends that constructing the addition and deck outside the riparian buffer would not be possible on the west side of the home due to reservation of an area for future septic system repair and would not provide river, front views from both inside and outside of the home if the addition and deck were adding to the north side of the home. A review of aerial photographs of the home prior to the recent modification shows that the main structure of the home was remodeled as well as the addition of a room and deck on the south side. Prior to the recent modifications, the home included a concrete patio and screened porch on the south side overlooking the river. Because the existing home provided river front views from both inside and outside of the home, this office believes that the home could have been remodeled and expanded without impacting the riparian buffer if the proper permits were obtained prior to beginning construction on the project. Please provide a map of the interior layout of the home prior to the recent modifications, a map of the current layout of the home and an explanation of why the home could not have been remodeled and expanded while maintaining the home's existing footprint within the riparian buffer. Page 1 of 4 Requested pre and post construction home layouts and aerials photos are provided. The photos are from 2011 and the survey was from the recorded plat map dated 1997. The Darars purchased the property in 2013. The main home modifications were done by the previous owners prior to the Darars purchasing it; most likely sometime between 2011 (date of aerial photo) and Fall of 2013 (when the Darars purchased the home). The Darars have stated to us that: "There seems to be a lot of confusion on what exactly was done to the house when we bought it. I believe the photographs that they are looking at are too old. It is mentioned that there was a screened porch enclosed and a bedroom added. That was all done prior to our purchase. The house was a 3 bedroom when we bought it and it still a 3 bedroom now. We did not go out of the original footprint on either side of the house. On either side of the house we were confined to keep the original footprint due to the existing septic tank on one side and the proposed new location for the septic tank on the other side. There was no screened porch. I'm assuming the previous owner had already enclosed it to be the now sitting room. The bath was already there. It was a laundry room bathroom. The carport had been enclosed as an expansion to the existing bedroom but hadn't been finished. We finished it when we bought the house. Also there are 2 bathrooms on the other side. One as master and one guest, also existing. We never left the footprint of the house except with the sunroom. This is what was done to the house (since we purchased it): new windows installed on either side of the house, siding taken off and rotten wood removed and replaced on one side of the house (west side, between us and the neighbors), new deck installed on the front where there was evidence of an existing deck before, enclose portion of the new deck into a sunroom. " The layout of the home at the time they purchased it allowed limited views out the south and partial east sides of the home from the family room and sitting room (pre- existing screened porch). There were only the remnants of a pre- existing deck outside. The additions the Darars added provide west, south and eastern views from the new sunroom and south and eastern views from the deck. 2. Please indicate whether the property includes a private well or is connected to a municipal mater supply. Per the 2013 septic pen-nit provided in the application, the property utilizes a "public" (county) water supply (no private well). Page 2 of 4 In our pre- application meeting with your environmental consultant, Bob Zarzecki of Soil and Environmental Consultants, Inc., Division staff indicated that a BMP to treat stormwater runoff would not be required if the infiltration rate of the soil is sufficient to prevent stormwater runoff from discharging directly to the river. Your application states that the property is mapped as Tarboro sand on the Beaufort County Soil Survey. Due to the large scale of soil survey mapping, an on -site evaluation must be completed to determine if the soil is mapped correctly. Please provide a description of the on -site soil by a licensed soil scientist. If the description of the soils on -site indicates that the soil is not anticipated to infiltrate stormwater runoff, a BMP to treat stormwater runoff from an area of the existing home equivalent to the amount of riparian buffer impacted by the addition and deck will be required. Mr. Don Wells (N.C. Licensed Soil Scientist No. 1099) of S &EC, PA evaluated the soils on all four sides of the existing home. His report is attached. It appears that the infiltration rates of the soil are sufficient to prevent stormwater runoff from discharging directly to the river. The main portion of the home has been as it is today for many years, and there was only a small addition of impervious surface added for the sunroom, which was completed a year ago or more now. There is no evidence of rills or erosion suggesting that a direct discharge of stormwater runoff to the river. 4. Past major variances approved by the Environmental Management Commission, in which application for the riparian buffer impact is made after-the- ,fact, have included a proposal to improve to water quality. Please explain how approval of the project would provide an improvement to water quality such as proposing to relocate the existing septic system that is currently within the buffer to the repair area or providing wastewater pretreatment to improve the performance of the existing septic system within the buffer. The current system was not found to be failing. Relocating the septic system to the repair area at this time would not leave a future repair area available if the current system was found to be failing in the future, with exception of an expensive, high maintenance pre- treatment system or pump and haul system. The owners would like to maintain the existing system and repair area as they are, due to prohibitive costs associated with a pre- treatment system and to maintain an onsite repair area. If the house is ever damaged by a storm and needs to be rebuilt, the county will require the existing septic system to be abandoned and the new system within the repair area to be installed. The buffer impacted by the new sunroom and deck provided very limited functions to water quality. The area was only partially covered in grass with no woody vegetation. It was already impacted by an existing concrete slab and deck and stairs. Also, in reviewing historical aerial photos, there is clear evidence that Page 3 of 4 the area was heavily used for storage. The buffer mitigation payment proposed by the applicant should go far greater to improving water quality within the basin than the protection of this previously impacted buffer. 5. Your application proposes payment to NC Ecosystem Enhancement Program (EEP) for purchasing buffer mitigation credits. NCEEP issued a conditional acceptance letter stating that EEP will only accept payment if the mitigation is allowed to occur within the 8 -digit HUC or two 8 -digit HUCs that are adjacent to the 8 -digit HUC in which the project is located. The consolidated buffer mitigation rule (15A NCAC 02B.0295) requires a 2:1 ratio be applied to the area of mitigation required when the mitigation site is located in an adjacent 8 -digit HUC relative to that of the proposed impact site. Please provide an acceptance letter that would apply the correct location locational mitigation ratio if the mitigation is not located within the 8 -digit HUC in which the project is located. Requested acceptance letter is attached. It's our hopes that the responses above and attachments provide sufficient information for you to complete your review of this variance request. If not, please don't hesitate to contact us. Attachments: • DWR Request for Additional Information March 13, 2015 • Pre and Post Aerial Photos & Home Layout Exhibit • S &EC Soil Evaluation April 30, 2015 • EEP Acceptance Letter (revised) Page 4 of 4 IG� Z7 Y 4 A WDENR I MAR 18 North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 13, 2015 Mohamed Ali and Reem Darar 1205 Kinsdale Drive Raleigh, NC 27615 Subject: REQUEST FOR ADDITIONAL INFORMATION Darar Property Major Variance Dear Mr. & Mrs. Darar: i 2015 Li Donald R. van der Vaart Secretary DWR # 15 -0187 Beaufort County On February 19, 2015, the Division of Water Resources (Division) received your application dated February 18, 2016 [sic], requesting a Major Variance of the Tar - Pamlico Riparian Buffer Rule from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on -hold until all of the following information is received: Your application indicates that the property owners were not aware of the Tar - Pamlico Buffer Rule when they purchased the home and began remodeling, but contends that constructing the addition and deck outside the riparian buffer would not be possible on the west side of the home due to reservation of an area for future septic system repair and would not provide river front views from both inside and outside of the home if the addition and deck were adding to the north side of the home. A review of aerial photographs of the home prior to the recent modification shows that the main structure of the home was remodeled as well as the addition of a room and deck on the south side. Prior to the recent modifications, the home included a concrete patio and screened porch on the south side overlooking the river. Because the existing home provided river front views from both inside and outside of the home, this office believes that the home could have been remodeled and expanded without impacting the riparian buffer if the proper permits were obtained prior to beginning construction on the project. Please provide a map of the interior layout of the home prior to the recent modifications, a map of the current layout of the home and an explanation of why the home could not have been remodeled and expanded while maintaining the home's existing footprint within the riparian buffer. Division of Water Resources — 401 & Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 -807 -63001 FAX: 91907 -6494 Internet: www rlmateroualitv.oro An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Moahamed Ali & Reem Darar DWR# 15 -0187 Request for Additional Information Page 2 of 3 2. Please indicate whether the property includes a private well or is connected to a municipal water supply. 3. In our pre - application meeting with your environmental consultant, Bob Zarzecki of Soil and Environmental Consultants, Inc., Division staff indicated that a BMP to treat stormwater runoff would not be required if the infiltration rate of the soil is sufficient to prevent stormwater runoff from discharging directly to the river. Your application states that the property is mapped as Tarboro sand on the Beaufort County Soil Survey. Due to the large scale of soil survey mapping, an on -site evaluation must be completed to determine if the soil is mapped correctly. Please provide a description of the on -site soil by a licensed soil scientist. If the description of the soils on -site indicates that the soil is not anticipated to infiltrate stormwater runoff, a BMP to treat stormwater runoff from an area of the existing home equivalent to the amount of riparian buffer impacted by the addition and deck will be required. 4. Past major variances approved by the Environmental Management Commission, in which application for the riparian buffer impact is made after - the -fact, have included a proposal to improve to water quality. Please explain how approval of the project would provide an improvement to water quality such as proposing to relocate the existing septic system that is currently within the buffer to the repair area or providing wastewater pretreatment to improve the performance of the existing septic system within the buffer. 5. Your application proposes payment to NC Ecosystem Enhancement Program (EEP) for purchasing buffer mitigation credits. NCEEP issued a conditional acceptance letter stating that EEP will only accept payment if the mitigation is allowed to occur within the 8 -digit HUC or two 8 -digit HUCs that are adjacent to the 8 -digit HUC in which the project is located. The consolidated buffer mitigation rule (15A NCAC 0213.0295) requires a 2:1 ratio be applied to the area of mitigation required when the mitigation site is located in an adjacent 8 -digit HUC relative to that of the proposed impact site. Please provide an acceptance letter that would apply the correct locational mitigation ratio if the mitigation is not located within the 8 -digit HUC in which the project is located. Pursuant to 15A NCAC 02B.0259, the applicant shall furnish all of the above requested information for the proper consideration of the application. If all of the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. DWR# 15 -0187 Request for Additional Information Page 3 of 3 Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699 -1617. Please be aware that you have no authorization under the Buffer Rules for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Jennifer Burdette at 919 -807 -6364 or iennifer.burdettePncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Super isor 401 & Buffer Permitting Unit cc: Bob Zarzecki, Soil & Environmental Consultants, Inc., 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 DWR WaRO 401 file DWR 401 & Buffer Permitting Unit file 8 r 1 r�- r• ��: � � -rat ." � r, g•! SiC. +"s..• ham t� + ,�" ; '_• i • �i 1 .a 1 I t J J No 40, QO, N a, 1A T y Aerial Photo December 31, 2011 Home layout from recorded plat map dated "revised July 14, 1998" Note: The current owners did not modify the west side of the home. This was done by previous owners sometime between 2011 (date of aerial photo) and when the current owners purchased it in 2013. Aerial 'hoto April 26, 2014 Home layout from new survey plat map provided in variance application. Room layout approximated. Note: The only changes the current owners made to the footprint of the home was the addition of the sunroom over a portion of a pre- existing concrete slab and remnants of a pre- existing deck, and the deck and steps over a portion of the remnants of a pre- existing deck. o ~y 12,246.95 sq. fl. S 29 °51'01 "W n p q 13.84' S.wd.stk. - t" x V I7r T�rsr7 ( 32" above grade ) ss"o 69141 C04, 1!11 k °Crete i4' K TIM rr��rrii � 5.wds0 32° ab 59 "E S.Mag. 4.00' (bulkhead cap)' i IPS Ch NIPS hh At hPS 72 °40 -12„ 30' I rt rr, ! 1 �� N 70 °09'01 "W 4g 2S 23.25' NPs N 810262 7"W 47.46' NPS Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 840 -5900 • Fax: (919) 846 -9467 sandec.com Mohamed Ali and Reem Darar 1205 Kinsdale Drive Raleigh, NC 27615 May 8, 2015 S &EC Project #12409.S1 Re: Soil Series Evaluation on 734 Old Pamlico Beach Road, Belhaven, NC. Dear Mr. & Mrs. Darar: Soil & Environmental Consultants, PA (S &EC) has performed a limited soil series evaluation on the above referenced property. This was performed at your request as part of the preliminary planning process in order to determine if the soil series that is shown on the Beaufort County Soil Survey is mapped correctly for this property. The fieldwork was performed on April 27, 2015. Soil/Site Evaluation Methodoloev The site evaluation was performed by advancing hand auger borings to a depth of 4 to 6 feet around the existing house (see attached Figure 1 map provided by client). The soil boring locations were based on; site access, identifying possible buried utilities (water sewer, electricity) and to provide coverage on the lot for the soil evaluation process. The soil morphological conditions were described at these locations using standard techniques outlined in the "Field Book for Describing and Sampling Soils" published by the Natural Resources Conservation Service (MRCS, 2002). A detailed soil profile description from each boring location is included in Attachment 1 to this report. Soil/Site Conditions This site is located in the Coastal Plain geological area consisting of alluvial and marine sediments. The property is located adjacent to the Pamlico River therefore stream terrace influence is noted and expected for the soil development. According the Beaufort County Soil Survey, this area is mapped as a Tarboro soil series. The Tarboro soil series is a very deep somewhat excessively drained soil due to being mostly loamy sand and sand to a depth of 60 + inches. The field investigation revealed that the soils at this site are not classified as a Tarboro soil series. The soils located on this lot have been slightly disturbed with areas of fill material placed over the underlying natural soil. The surface soil does have a fine sandy loam to loamy sand soil texture and it ranges from 6 to 18 inches deep. These types of soil textures do offer some initial soil infiltration of precipitation. Again, it appears this surface soil material is fill and based on the characteristics, it may have been on the lot for a long period of time as some degraded shell fragments were observed in two of the soil borings. In most areas on the lot, the fine sandy loam surface soil is over the natural occurring loamy sand soil. Within the lower soil profile, the soil texture range from a loamy sand to sandy clay loam to a clay and the water percolation rate will vary according to these soil textures. The soil on the west side (SB -I location) of the house has approximately 18 inches of fine sandy loam fill over the natural soil. This natural soil has a loamy sand texture down to 28 inches and then it changes to sandy loam texture, and then to a sandy clay at 42 inches below current land surface. Below this sandy clay layer is a firm, plastic clay layer and it was noted at 48 inches below land surface. The soils on the east side of the house appear to have been mostly disturbed which could be associated with the on -site septic field. The surface soils on the east side (SB -2 location) have a loamy sand texture and the lower soil profile is a mix of sandy loam and clay down to a depth of 36 inches. At this depth, a fine sandy loam spodic (organic) layer was noted. The soils on the north side of the house (SB -3 location) are similar to the soil on the west side. There is a fine sandy loam mixed fill surface to a depth of 18 inches. From 18 to 32 inches, the soil has a loamy sand texture, From 32 to 36 inches, it changes to a sandy clay loam /sandy clay texture then changes to a firm, plastic clay at 36 inches below land surface. The soils on the south side (SB -4) have also been disturbed, most likely associated with the bulk head that is constructed adjacent to the Pamlico River. The surface soil in this location has a fine sandy loam texture to a depth of 6 inches. Then from 6 to 20 inches, there is a mixture of clay and sandy clay loam soil with some layers of loamy sand noted. This mixed soil is above a clay layer which extends to 48 + inches below land surface. Maximum Instantaneous Application Rate: Given that the soil type on this lot is variable, Table I (see attached) provides some the typical ranges of soil infiltration rates as a function of texture and slope. Most of the surface soil textures encountered on the site fall into the fine sandy loam classification. Additionally, the site is relatively flat so the slopes of 0 to 3% would apply to this lot. Therefore typical instantaneous application rates for initial rainfall infiltration could be 0.5 to 1.0 in hr's. The infiltration rates noted in Table I was obtained from the Sprinkler Irrigation Association, Sprinkler Irrigation (1969). S &EC has not made any on -site measurements for soil infiltration, the numbers referenced above are used only as a general guide and with the fill observed on this lot, the in -situ rates could be different than what is shown in the table. If requested or needed. S &EC can perform soil infiltration measurements on this lot. Soil & Environmental Consultants, PA is pleased to be of service in this matter and we look forward to assisting in the successful completion of the project. Please feel free to call with any questions or comments. Sincere' Soil & Don W Licenst 9 -15 Table 1 Typical ranges of soil infiltration rates by soil texture and slope. Source: Sprinkler Irrigation Association, Sprinkler Irritation (1969) * For good vegetative cover, these rates may be 25 -50% greater. For poor surface conditions, rates may be as much as 50% less. Basic Infiltration Rate (in/hr)* ----------------------------------------- Slope Texture 0 -3% 3 -9% 9 +% --------------------------------------------------------------------------------------------------------- sands 1.0+ 0.7+ 0.5+ loamy sands 0.7 -1.5 0.5 -1.0 0.4 -0.7 sandy loams and fine sandy loams 0.5 -1.0 0.4 -0.7 0.3 -0.5 very fine sandy loam and silt loam 0.3 -0.7 0.2 -0.5 0.15 -0.3 sandy clay loam and silty clay loam 0.2 -0.4 0.15 -0.25 0.1 -0.15 clay and silty clay --------------------------------------------------------------------------------------------------- 0.1 -0.2 0.1 -0.15 < 0.1 - - - - -- Source: Sprinkler Irrigation Association, Sprinkler Irritation (1969) * For good vegetative cover, these rates may be 25 -50% greater. For poor surface conditions, rates may be as much as 50% less. Project 1: Scale: 12409.S1 NTS Project Date: Mgr.: DW 4.28.15 ckv y 'O d 0.281 Ac. ! S zrsit)t'R' law ,t .,N Y 7►7T11'E • 41Y} •Ik •.a ® �• low 38 N 77'0.071Y p2t zsia- M N17'2C7TR, 1'•b Pamlico River Figure 1 - Sketch Map - Soil Boring Locations Darar Property 734 Old Pamlico Beach Road Beaufort County, NC . I Soil & Environmental Consultants, PA 8412 Falls of Neuse Road, Suite 104.• Raleigh, NC 27615 (919)846 - 5900•(919)846.9467 Web Page www SandEC.com SB -1, Area west of house Horizon & Depth A 0 -18 in BA 18 — 20 in E 20 — 28 in B 28 — 42 in Btl 42 — 48 in Bt2 48 — 66+ in SB -2, Area east of house Horizon & Depth A 0 -6 in BA 6 -36 in Bh 36 — 48 in C 48 — 55+ in Attachment 1. Soil Boring Profile Description Texture, & Structure Fine Sandy Loam, to Loamy Sand Single Grain Loamy Sand Single Grain Loamy Sand Single Grain Sandy Loam Weak Single Grain Sandy Clay Weak Blocky Clay Massive - Structureless Texture, & Structure Fine Sandy Loam, to Loamy Sand Single Grain Sandy Loam Mixed with Clay Fine Sandy Loam Single Grain Fine Sand Loam Single Grain Munsell Color 10 YR 4/2 10 YR 6/3 10 YR 3/2 10 YR 3/2 2.5 Y 7/3, 2.5 Y 6/6 10 YR 4/1 Mt 10 YR 5/6 10 YR 5/2 7.5 YR 5/8 Mt Munsell Color 10 YR 4/3 2.5 Y 4/4 10 YR 3/1 10 YR 6/2 10 YR 5/8 10 YR 2/1, 2.5 Y 4/2 Notes Mixed Fill Top Soil Shell Fragments Buried Natural Soil Firm, Plastic Notes Mixed Fill Top Soil Disturbed Sub Soil Mottled Spodic Layer SB -3, Area north of house Horizon & Texture, & Munsell Color Notes Depth Structure A Fine Sandy Loam 10 YR 2/2 Mixed Fill 0 — 18 in Single Grain 10 YR 3/3 Top Soil Btl Clay /Sandy Clay 10 YR 3/2 Shell Fragments BA Loamy Sand 2.5 Y 6/4 Buried Natural Soil 18 — 32 in Single Grain 2.5 Y 7/4 Firm, Plastic Btl Sandy Clay Loam to 2.5 Y 5/6, 32 — 36 in Sandy Clay 5 YR 5/8 Weak Blocky Bt2 Clay 2.5 Y 6/2 Firm, Plastic 36 — 54 + in Massive - Structureless 2.5 Y 7/3 Mt 2.5 Y 511 Mt SB -4, Area south of house Horizon & Texture, & Munsell Color Notes Depth Structure A Fine Sandy Loam 10 YR 6/3 Mixed Fill 0 — 6 in Single Grain Top Soil Btl Clay /Sandy Clay 10 YR 3/2 Mixed Soil 6 — 20 in Disturbed 10 YR 511 Bt2 Clay 2.5 Y 7/4 Firm, Plastic 20 — 48 + in Massive - Structureless 2.5 Y 7/1 5 YR 5/8 RCDALT4i`KtAwwA ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mohamed Ali Reem Darar 1205 Kinsdale Drive Raleigh, NC 27615 Project: Darar Major Variance Ecosystem Enhancement Program Donald R. van der Vaart Secretary March 11, 2015 Expiration of Acceptance: September 11, 2015 County: Beaufort This is a revised acceptance letter, it replaces one issued dated February 20, 2015. The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You must also comnly with all other state. federal or local eovernment permits, regulations or authorizations associated with the proposed activitv includina SL 2009- 337: An Act to Promote the Use of Compensatory Mitigation Banks as amended by S.L. 2011 -343. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit /401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In- Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.neeep.net. Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to NCEEP for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin ' Cu I Stream (feet) I Wetlands (acres) Buffer I Buffer II Location (Sq. Ft.) (Sq. Ft.) Cold I Cool I Warm I Riparian I Non - Riparian Coastal Marsh Impact Tar - Pamlico 03020104* I 0 I 0 ( 0 0 ( 0 1 0 ( 587 I *The EEP does not currentiv have riparian buffer mitigation credit available in the 03020104 hvdrologic unit (huc). EEP oronoses to use credits from an adiacent huc to meet this mitigation requirement. Per 15A NCAC 0213.0295, a 2:1 locational ratio is reauired to use mitigation in an adiacent huc. Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010. Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at (919) 707 -8915. cc: Bob Zarzecki, agent Sincerely, a4u Jain B Stanfill Asset Management Supervisor 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919- 707 -89761 Internet www,nceep.net An Equal Opportunity l Affirmative Action Employer — Made in part from recycled paper