20020010 Ver 1_COMPLETE FILE_20020102

8614 Beechnut Court
Ellicott City, Maryland 21043
February 1, 2002
RE: DWQ Project # 02-0010
Mr. John Dorney
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Wetlands 401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Mr. Dorney,

On December 26, 2001, I made application for a "general variance" to water
quality and environment protection rules that were implemented in Eastern North
Carolina after I purchased property in Pamlico County. DWQ responded on January
15, 2002, seeking further information regarding my plans for potential disturbance of
water quality buffers (lot #9 Dawson Bluff community, a single-family homesite in a
Weyerhaeuser development).
In response to your letter, I made tel contact with Mrs--BdG Zarzecki of
DWQ on February 1, 2002. Mr. Zarzecki learly and p_at` - ittl explained the workings
and purpose of the 401 Wetlands Unit, and its responsi i itb I ies for riparian
"preservation". While Mr. Zarzecki was not able to view the file (DWQ Project # 02-
0010) as we conversed, both he and I believe we were able to establish enough
information through our conversation to make further pursuance of the "general
variance" application unnecessary. I had included in my request for the "general
variance" a copy of the Pamlico County Improvement Permit, issued on 12/1/99, which
pretty clearly (I thought) shows what is to be done on the property, and where the
wetlands areas are in relation to the "improvements."
In this case, the improvements are the home, an approved wastewater system,
and a dock for a single small boat. I explained that there is no area of marsh grass
separating the property from Dawson Creek; that is, the edge of water comes directly
to the hard ground upland. Also, the footprint of the homesite is at least 50 feet
back from the CAMA line (75' from the water's edge), making the homesite at least
125' from the edge of Dawson Creek. In addition, the homesite and "repair area" of
the wastewater system are more than 50' from any wetland area on the property. The
only potential area of disturbance that may be 50' or less from a wetland is for a two-
track gravel driveway to provide entry from the road, for which Mr. Zarzecki indicated
a variance would likely be approved . I explained that construction would be completed
by the end of 2003.
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January 15, 2002
County Pamlico
DWQ Project # 02-0010
CERTIFIED MAIL- RETURN RECEIPT REQUESTED
Daniel J. Rubinstein
8614 Beechnut Court
Elliott City, MD 210434316
Dear Mr. Rubinstein:
On January 2, 2002, the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plans
to fill buffers for the purpose of constructing a home at Lot #9, Dawson Bluff subdivision in Pamlico County. Approval from
DWQ is required to disturb these buffers. Please provide seven copies of the following information and refer to the DWQ
number listed above in your reply. In particular as described in 15A NCAC 213.0502, we will require you to show the protected
buffers on a site plan. Please show these on a map of suitable scale (for instance 1" =100 feet) so we can begin to determine
your projects compliance with 15A NCAC 2H.0500.
Please call Bob Zarzecki at [phone] if you have any questions or would require copies of our rules or procedural
materials. This project will remain on hold as incomplete in accordance with 15 A NCAC 2H .0505 (c). The processing time
for this application will begin when this information is received. If we do not hear from you within three (3) weeks of the receipt
of this letter, we will assume that you no longer want to pursue this project and will consider it withdrawn.
Silgerely yours,
Dorney
Cc Washington DWQ Regional Office
Washington Corps of Engineers
Central Files
File Copy
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone] Customer Service
1 800 623-7748
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4
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
O < Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
January 15, 2002
County Pamlico
DWQ Project # 02-0010
CERTIFIED MAIL- RETURN RECEIPT REQUESTED
Daniel J. Rubinstein
8614 Beechnut Court
Elliott City, MD 21043-4316
Dear Mr. Rubinstein:
On January 2, 2002, the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plans
to fill buffers for the purpose of constructing a home at Lot #9, Dawson Bluff subdivision in Pamlico County. Approval from
DWQ is required to disturb these buffers. Please provide seven copies of the following information and refer to the DWQ
number listed above in your reply. In particular as described in 15A NCAC 2B.0502, we will require you to show the protected
buffers on a site plan. Please show these on a map of suitable scale (for instance 1" =100 feet) so we can begin to determine
your projects compliance with 15A NCAC 21-1.0500.
Please call Bob Zarzecki at [phone] if you have any clueestions or would require copies of our rules or procedural
materials. This project will remain on hold as incomplete in accordance with 15 A NCAC 2H .0505 (c). The processing time
for this application will begin when this information is received. If we do not hear from you within three (3) weeks of the receipt
of this letter, we will assume that you no longer want to pursue this project and will consider it withdrawn.
yours,
tl/d ' Y
Domey
Cc Washington DWQ Regional Office
Washington Corps of Engineers
Central Files
File Copy
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone]
4i
NMENR
Customer Service
1 800 623-7748
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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
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Dear Mr. Cl 9 Z?Z ???_[? ???1ts?Ur?
,On vE Z? the Div' ' n of Wafer Quality (DW was notified by eceiptof your
applications regarding your plan to fill s for the purpose f _ in t1 Cv
County. Approval from DWQ is required to disturb these . Please provide seven copies
of the following information and refer to the DWQ # listed abov i your reply. In particular as described in
15A NCAC 28 .0502, we will require you to I Please show
these on maps of suitable scale (for instance 100 feet) so we can begin to determine your projects'
compliance with 15A NCAC 21-1.0500.
1 OFFICE USE ONLY: Date Received
Request #
State of North Carolina - 2
^` f
Department of Environment and Natural Resources
Division of Water Quality' ..
General Major Variance Application Form -
From the Neuse and Tar Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)

Please identify which Riparian Area Protection Rule applies.
"N use River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule '(15A
NCAC.0259)
,.: ..:o .......... .:.....:.:.:......... .
................ .......:.:...:.:.::.................... ............. ..::.....:.
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NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant. The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 401/Wetlands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation,
A ! L
2.
Print Owner/Signing QfFicial (person
Name: A91 L
Title:
Street address: 18 6 / C/ Fe
City, State, Zip:
Telephone:
Fax:
who owns the property):
ble for the property and its compliance)
the
Telephone: .................)
Fax: (........x..:)
"General" Variance Application Form
Version 1: May 2001
3. Contact person who caqanswe
Name:
r
Email: alo ri dory n q ,? ?? corn e • eon
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specificatJons, letters, oper4tion and maintenance agreements, etc.):
5.
Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the portion
oft USGS toporaphic map indicating the location of the site):
1.5?C ?fiTAe-Al n ern Weyee, 14cc?seR
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
rb4 W Sort! OWEE
k
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
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
Active Connection to Sanitary Sewer System
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
WX Others (specify) L'onven?ioxef Ayer peye.
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. 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 -
de fwrn ?lv rec,'A'a
,,General" Variance Application Form, page 2
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced pr reconfigured to better minimize or pliminatp disturbance to the riparian buffers:
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,
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
economic hardships and the proportion of the hardship to tnh e?fltire val a of the proj V
y ?'s? .Qivd.10? ??t/
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 nun with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
part 4: Agent Authorization
if you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address:
"General" Variance Application Form, page 3
(2) How these difficulties or hardships result from conditions that are unique to the property
City, State, Zip:
Telephone:
Fax:
Email:
Part . 5: Applicant's Certification
gN (print or type name of person
))i9 I E-t_ L! $1W5 % E
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.
? s -
Signature:
Date:
Title:
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
http://h2o.enr.state.ne.us/nawetiands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
General Number: [phone]
http://www.saw-us6ce.army.millwetlands/regtour.htm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number: [phone]
hftp://www.saw.usace.army.mil/wetiands/regtour.htm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
phone: [phone]
"General" Variance Application Form, page 4
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HOMESITE DESCRIPTION
• Lot sizes range from 10 to 10.6 acres
• All homesites are wooded
• Private septic systems are approved
• County water
• Conventional construction must meet
flood elevation requirements as follows:
lots 1 and 2 - flood insurance elevation
is 8 1/2 feet MSL (Zone 5)
lots 3-16 first floor linings area must be
2 feet above existing ground level
• Natural ground elevation ranges from
• Wetlands have been delineated
• Overhead utilities
LOCATION
From Highway 55 in Oriental, take NC
1005 West 4.2 miles to Lovicle-Lee Road;
turn left. Dawson Bluff is 1/4 mile on right.
From Highway 306 in Arapahoe, take NC
1005 East 3.3 miles to Lovick-Lee Road;
turn right. Dawson Bluff is 1/4 mile on
the right.
CLOSEST DISTANCES
New Bern - 30 miles
Craven Regional Airport - 33 miles
Craven Regional Medical Center - 30 miles
PROTECTIVE COVENANTS
• Only single-family residential use
• Minimum 1400 square feet heated space
• Homesites cannot be subdivided
• Mobile homes or temporary structures are
not allowed
• No commercial use
The information above is believed to be correct
but is not warranted.
HOMEOWNERS' ASSOCIATION
The purpose of the Dawson Bluff
Homeowners' Association is to provide a
means by which the property owners
participate in the development of the
community. Major features of the Association
include: architectural control and guidelines,
covenant assurance, road maintenance, and
$325 annual dues per homesite.
WR n l ties
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119 Middle Street
New Bern, NC 28560
800-622-6297
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Acreage rioted
on each lot.
uplands...
wetlands ,
Ow,ner.`DANIEL RUBS: NSTEIN
Owner Address:8614 BEECHNUT COURT
Owner Address(2):ELLICOTT CITY, MD 21043
Owner Phone #:[phone]
Property Address:DAWSON BLUFF S/D - LOT# 9
Property Address(2):ARAPAHOE
PIN:G08-60-9
Record #42988
establishment Type:HOME DAWSON CREEK
Type of Well:PUBLIC
Design Flow (GPD):360 SC WATER
1
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IMPROVEMENT PERMIT
VALID INDEFINITELY
AN AUTHORIZATION TO CONSTRUCT MUST BE OBTAINED AND
ALL FEES PAID PRIOR TO WASTEWATER SYSTEM INSTALLATION
THE PAMLICO CO. HEALTH DEPARTMENT RESERVES THE RIGHT
TO REVOKE THIS PERMIT IF THE SITE IS ALTERED, INTENDED
USE CHANGED, OR ANY INFORMATION IS FALSIFIED.
ANY CHANGES TO THIS PERMIT WILL REQUIRE A REDESIGN PERMIT
AND SUBSEQUENT FEE.

Initial & Repair Site
Type of Wastewater System:Conventional Per
Long Term Acceptance Rate(GPD/SQFT):0.4
Trench Width-3 FT
Trench Spacing (OC):9 FT
eptic Tank Volume:1000 GAL
7
UPLAND
qP ter *411
RiL
1 OWF LNG
5?`0 6T \
ad Pipe ` m0 9.
y?, \ 751
? 10p'
W5` \
s?
83.33 feet
1:1000
At'
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F

Authorized
OLD MILL ROAEJDr
ant:

WILLARD WALTER COLE III, RS
ate 92/1/99
,Q#ACW41,W C --AO? a
PIN:G08-80-9 GRAVITY FED SYSTEM
Record #:42988 (Not to Scale)
Line Length: 100'
Number of Lines:3
Side View
Supply Line Lateral (Maximum fall of 1" on 40 ft)
(Minimum fall of 1" in 8 feet)
Septic Tank
Effluent Filter
Distribution Box Nitrification Field
,4ogcImew iW
CONVENTIONAL PERFORATED PIPE
PIN:GO8-60-9 WITH SHALLOW PLACEMENT
Record #:42988 (Not to Scale)
Line Length:100'
Number of Llnes:3
Sectional View
4 (or 5) inch perforated pipe with
three 1/2 (or 3/4) inch diameter holes
on 4 inch centers along length of pipe
"6 inches of soil cover
\ p 2 inches of crushed -? \
rock over pipe
NATIVE SOIL
6 inches of crushed
rock under pipe
36^
Ground Surface
12 " except in sand where 18" are required from seasonal high wetness condition
Soil with unsuitable properties
Rock Size #'s 3,4,5,5.7 or 6 of ASTM D-448
May WQC Agenda Item # 2 5/08/015/03M! 0441M1
Please note that this draft version contains edits to the version sent
in the May 3rd mailing. The changes are indicated by
s&4kethrevgh and underline.
" General" MAJOR VARIANCE
From the Neuse and Tar Pamlico Riparian Buffer Protection Rules for residential
structures on existing lots within the coastal counties as defined by the Coastal Area
Management Act that meet the conditions stated below.
This "general" major variance from the Riparian Buffer Protection Rules in the Neuse
(15A NCAC 2B .0233) and Tar-Pamlico (15A NCAC 2B .0259) River Basins is hereby issued by
the NC Environmental Management Commission (EMC) for impacts to the protected buffers as
long as the conditions prescribed below are met.
The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ
"General" Major Variance Application Form that describes how the following conditions of this
variance will be met. If these conditions can not be met, an individual Major or Minor Variance
from the Buffer Rules may be sought from the EMC. This "General" Major Variance shall expire
on April 11, 2006 unless it is renewed before that time by the EMC.
Conditions:
I . The residential lot must be located within one of the coastal counties as
defined by the Coastal Area Management Act (CAMA).
2. Applicants must show that they have met the requirements for a variance
as specified in the buffer rules in "VARIANCES" [15A NCAC 2B
.0233(9)(a)(i)-(iii) and 15A NCAC 2B .0259(9)(a)(i)-(iii)] for the
specific river basin where the impacts will occur.
3 Applicants must show that the residential lot has been platted and
recorded pri or 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
speeifie basin where the impaets wig ee-ei-w. 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 septic 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 minimised
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.
r ;
May WQC Agenda Item # 2 vog/Oima/o
S: 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.
Signed:
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission
Effective Date: