20020028 Ver 1_COMPLETE FILE_20011229

O?O?WAT?9QG
D ?
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
January 8, 200`
DWQ # 02-002<
Pamlico Count,
Page 1 of
Mr. Nicholas J. Santoro
36 Old Lupton Road
Merritt, NC 28556
Subject Property: Old Lupton Landing, Phase II, Lot # 3, 3708 Brown's Creek Rd, Merritt, NC 28556
Brown's Creek [03-04-10,27-141-3, SA HQW NSW]
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico Riparian Buffer
Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by the
Coastal Area Management Act with ADDITIONAL CONDITIONS
Dear Mr. Santoro,
You have our approval, in accordance with the conditions listed below, to impact approximately 600 ft2 of Zone 2
of the protected riparian buffers for the purpose of constructing the proposed single family residential dwelling on the
subject property. This letter shall act as your approval for the use of the "General" Major Variance; From the Neuse and
Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal
Counties as defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS as approved by the Water
Quality Committee (WQC) of the Environmental Management Commission (EMC) on May 10, 2001. In addition, you
should get any other required federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control and CAMA permits.
This approval is only valid for the purpose and design that you described in your variance request form dated
October 26, 2001 except as modified below. If you change your project, you must notify us and you may be required to
send us a new request for approval. If the property is sold, the new owner must be given a copy of this approval and is
thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions
listed below.
1. No impacts shall occur to Zone 1 of the protected buffers (except for "exempt" activities as described withir
15A NCAC 2B .0233(6)).
2. Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
as identified within 15A NCAC 2B .0233(5). Roof drainage from the house shall be directed to vegetated
areas at non-erosive velocities prior to entering the protected riparian buffers. Any additional stormwater
located on the remainder of the property shall be directed as diffuse flow at non-erosive velocities prior to
entering the protected riparian buffers. No new ditching or piping of stormwater through the protected
buffers is allowed.
3. The outside boundary of Zone 1 (30 feet from the coastal wetland) shall be clearly marked with orange
fabric fencing (or similar clearly visible markers) for the length of the construction area that has been
approved to infringe within the buffer prior to and for the duration of any land disturbing activities to
ensure compliance with 15A NCAC 2B .0233.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http:,'/h2o.enr.state.nc.us/ncwetiands/
Page 2 of 2
If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer
Protection Rules (15A NCAC 2B .0233 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Ms. Deborah Sawyer at
252-946-6481 if you have any questions or require copies of our rules or procedural materials.
Sincerely,
e ?ry J. Thorpe, Ph. .
c ' Director, DW
V
Cc: Deborah Sawyer, DWQ Washington Regional Office
File Copy
Central Files
DWQ 020028
OFFICE USE ONLY: Date Received
-State of North Carolina
s Department of Environment and Natural Resources
Division of Water Quality
? V ? 2 9 2001
su
Request #
"General" Major Variance 3?4 p Wulesfor LE-o?rm From the Neuse and Tar-Pamlico Riparian Buffer Prate?t n 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)
y;:?..?;:>.'...... :.»i>..v?::...;.:x::iii;;:vi::;:<iiibiiF'c:<r.?f'.?'ii::ii>)i!••. Y::ivi.+ti»)\?`3J'axS)i'. ".w4'.vJ': .+i•>?7... Yi'6Y.?i?MYiiv'. "iR:J>?.••R>W>.vY•2>ia ••Cv:' aWroa:•..•<iuivi:::ivii',•::.iJii S:::iitiiia5:::u
Please identify which Riparian Area Protection Rule applies.
jp Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
.bx.»..N:.7.L.!oT),$>'ZMYF.a:b)?.W.??wt£NNNY?.S,'>»SY'3•.tr:?wwivi'i?i?•3:av?+ii+i,»?i?a?vSiYb?#ishiiti:z'S'a?ySi+?aii'`izii;.wv;+?iiyiSi'?+::..::v .:....................r . .
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 4011Wetlands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
Mr. & Mrs. Nicholas J. Santoro
Print Owner/Signing Official (person legally responsible. for the property and its compliance)
Name: Nicholas J. Santoro
Title: Owner
Street address: 36 Old Lupton Rd.
City, State, Zip: Merritt, NC 28556
Telephone: C2,52,) 249-0823
Fax: (2.5,2.•.) 249-1015
3. Contact person who can answer questions about the proposed project:
Name Nicholas J. Santoro
Telephone: (.2.5.2.,.) 249-2867
Fax: 249_1015
"General" Variance Application Form
Version 1: May 2001
Email: sunbel t(alr-na 4t a 1 netrom
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
` plans, specifications, letters, operation and maintenance agreements, etc.):
T,nt. ?. 01d T,n]2ton Landing Subdivision, Phase II
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
3
Brown's Creek Rd.
Merritt, NC 28556
35 05.7-S , 76 37.
6. Directions to site from nearest major intersection (Also, attach an 8'/ x 11 copy of the portion
of the USGS topographic map indicating the location of the site):
Rt #55 East to Trent Rd. heading east to Straight Rd. north
to Brown's Creek Rd. 1.4 miles to lot.
Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
RRnWN1,q CREEK
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]: PERENNIAL WATERBODY
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
X 1996 CAMA Major #115-96
CAMA Minor
401 Certification/404 Permit
--x-_ ?_ 12.L2J98 On-site Wastewater Permit
Active Connection to Sanitary Sewer System
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft2.: The owner proposes to construct a single
family residence. The foot print of the building will be
1225 sa ft, about 600 sq ft of whin will e in one
of the Neuse River Buffer. -
"General" Variance Application Form, page 2
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
While the home will be back 100 feet from mean water level,
coastal ve etation is resent along the north property nne.
The septic system is very site specific on this o an
cannot be moved. The home must either be about ee
back from the water and partially in one or sev undred
feet back behind the septic site.
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.):
Most. of thiyS_1ot is covered with natural grasses and a_few
trpps Additional trees will be planted The lot is
very level and run-off "sheet flows" gradually away.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule,
This lot was designed and platted in 1994 to take advantage
of a sowthwest view of Brown's Creek.-for a home oca e a out
1.00' from the water. The septic system is very si e sp fic.
A home can only be locate as se-cT or severa eet
away from the water, greatly imis ing e this site.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The homesite and septic system on this lot were designed
prior to the a op ion .
n k-W qpi- hark rp =u; rgg]Pn?s from coastal vegetation greatly
limit the use and value of this property A 600'sq ft
encroachment into Zone II would greatly help this situat of n.
(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,
murb value of this 1.9 acre lot lies in its view
of the waters of Brown's Creek. Tracy Wheeler of D M ound
the resence of coastal vegetation during her site visa of
10/22/01 along the north property line an ex en ing a ou
150' back into the land. The set ac s from is ve n
would render it impractical to use this lot as planned.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): _
Mailing address:
"General" Variance Application Form, page 3
NA
City, State, Zip:
Telephone:
Fax:
Email:
NA
Part 5: Applicant's Certification
I, . NICHOLAS J. SANTORO (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:
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.nc.us/ncwetlands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
General Number: [phone]
http://www.saw.usace.army.mil/wetiands/regtour.htm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number: [phone]
http://www.saw.usace.an,ny.miI/wetlands/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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NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH
& NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH, ON-SITE
WASTEWATER SECTION
PERMITEXPM.TION.• (xo I1VDE,F7A7M- RLS. -PLAT OR ( j S YEAR - SITEPLAjv
COUNTY: PAMLICO PIN #; _f=1-10-3 RECORD A-00739
OWNER: Nick Santoro PHONE NUMBER:
OWNER'S ADDRESS: 36 Old Lepton Rd. CITY: Merritt. STATE: N•Q_ZIP: 28556
ADDRESS/LOCATION OF PROPERTY: 3708 Brown Crepk Rd jgWhortonville NC
SUBDIYISIOX.• Old Lepton Landigg PHASE. II LOT. 3
TYPE OF ESTABLISHMENT: RESIDENCE: (X) YES ()NO OTHER (describe)
NUMBER OF BEDROOMS 3 NUMBER OF OCCUPANTS 6 DESIGN FLOW (GPD) .360
TYPE OF WATER: (X ) PUBLIC ( ) PRIVATE ( ) OTHER BASEMENT PLUMBING ( ) YES (X) NO
TYPE OF WASTEWATER SYSTEM: (SEE TABLE V) II(c) II(j
LWALL 47TO 1NDESCI IP77G11V RMAL .S'_ysmu RFPAIR SYS7W
DESIGN FLOW (GPD) 360 360 _
LONGTERM AC'(' F R TE (QPD/SFT) 04 0.6
ABSORPTION AREA (S ED 600
TRENCH MTH_ Ex.) 3 3
TRENCH SPAQN! : (MIN, FT) 9
9
TOTAL TRENCH LENGTH (FT) 201' 201' _
NUMBER OF TRENCHES 3(67' 201, 3(?
SEPTIC TANK VOLUME (GL) 1000
TENCH BOTTOM FROM f WUND LULL 12"
CONDITIONS:
THIS PERMIT SHALL BE ACCOMPANIED BY A LAYOUT SHOWN ON A PLAT OR SITE PLAN, INCLUDING A
SYSTEMS SPECIFICATION SHEET WHICH SHALL BE AN INTEGRAL PART OF THIS IMPROVEMENT PERMIT.
THIS IMPROVEMENT PERMIT MUST BE ATTACHED TO A CONSTRUCTION AUTHORIZATION BEFORE
OBTAINING A BUILDING PERMIT OR OTHER CONSTRUCTION PERMITS AND BEFORE WASTEWATER SYSTEM
INSTALLATION,
THIS PERMIT IS SUBJECT TO REVOCATION IF THE SITE PLANS OR INTENDED USE CHANGE FROM THOSE
SHOWN ON THE IMPROVEMENT PERMIT. CHANGES S LL REQUIRE HEALTH DEPARTMENT APPROVAL.
DEHNR AUTHORIZED AGENT: J
DATE
NO. OF ATTACHMENTS: 1 a ti

EXHIBIT `A
PA ML.ICO COUNTY HEALTH DEPARTMENT

1
-
. " SYSTEM' LOCATION. Fc ,DESIGN,
) AT E
PIN 0 -3
RECOR0 !t A-00731
SCALE 1 foot r

?0.

?rL ??

l
EXHIBIT B-2
Shallow Placement
Treatment and
Disposal Fields
SECTIONAL VIEW
------------
I ,
2 Inches of uushod 12'
rock oYer plpo crushed
one
3 Inches of crushod alone
rock undor plpo y
i•inch or 6-Inch jxrforatod p1po wit 1
hree'A.'/(.Inch dlamolor holos on
;.Inch cenlers along length of plpo
19 Inc1tos

6 Inches of soil
cover over lronch
:Ground Suurface;.
- I
30" in Ches
(l t 11;1:1 I'I' I:1 t :?
Unsultablo soil condillon
Ground Surface
e.A.o ; ko-7/- f0 Pc'RItIT r A-do739
IMISIIE° 01' UHES; 3--
H GT I 1 0V 1.11•IFS; T.
Sldo vlow of an ofi•alto ayolom "Ing a
distribution box and conventlonol gravlty•fod lronchos.
'froalmont and
Soplic lank D(slribullon box disposal lronch
c

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