20020373 Ver 1_COMPLETE FILE_20020313

O?OF W ATF9QG Michael F. Easley
Governor
r William G. Ross, Jr., Secretary
0 Department of Environment and Natural Resources
p -? Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Page 1 of 2
April 23, 2002
DWQ Project # 02-0373
Pamlico County
Page 1 of 2
Mr. Douglas A. & Elsie M. Faconi
451 Westbrook Road
Ringwood, NJ 07456
Subject Property: Lot # 1, Whorton Harbor Subdivision, Browns Creek Rd., Whortonville, NC
Browns Creek [034)440; 27-136; SA HQW (High Quality Water) NSW (Nutrient Sensitive)]
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico Riparian Buffer
Rules for the Construction of ResidentialStructures on Existing Lots within the Coastal Counties as defined by the
Coastal Area Management Act with ADDITIONAL CONDITIONS
Dear Mr. Faconi,
You have our approval, in accordance with the conditions listed below, to impact approximately 645.1 ft2 of Zone
2 of the protected riparian buffers for the parpose of constructing the proposed single family home on the subject property
as described within your variance application form. dated March 9, 2002. This letter shall act as your approval for the use
of the "General" Major Variance; From thrNeuse and Neuse 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 thepurpose and design that you described in your variance request dated March 9,
2002 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 conditimis. For this approval to be valid, you must follow the conditions listed below.
No impacts (except for those uses classified as "exempt" within the Table of Uses (15A NCAC 2B
.0233(6)) shall occur within Zone 1 of the protected buffers.
Stormwater shall be directtd_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 vegetate
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 or mean high water line, whichever is
more landward) shall be dearly 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 distuabing activities to ensure compliance with 15A NCAC 2B .0233.
North Carolina Division of WaterGuaffty, 401 Wetlands Certification Unit,
1650 Mail Service Center, Ralegtk NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NP, 27604-2260 (Location)
919-733-1786 (phone), 919-7336893 (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,
Cc: Deborah Sawyer, DWQ Washington Regional Office
File copy
Central Files
!Ph.D.,
V 6D.,
DWQ 020373
OFFICE USE ONLY: Date Received - Request #
n2ng78
state of North Carolina
Department of Environment and Natural Resods
Division of Water Quality
"General" Major Varian(
From the Neuse and Tar Pamlico Riparian Buf,
on existing lots within the coastal counties as dE
(As approved by the Water Quality Committee of the Envi
y ?
f
MAR 1 3 2002
. o rm ?1- ?-G ?.Op? .. _i
rntia 1.IW ECT"I0`,
vagement Act
i on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
? Neuse River Basin: Nutrient Sensitive Waters Management"
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
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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, individual, etc. who owns the property):
D a v61-4x' 14 ? EA-stz,7 M F-A<64 f
2.
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: lpeqL,,(?A,-T .9' F4?onJl
Title: CWAIRR
Street address:
City, State, Zip: R0J6wC0-!> A/ 0- 0 74 6-4
Telephone: (-1,772-) 93 6- e3 7 4
Fax:
3. Contact person who can answer questions about the proposed
Name: Dd y 64/1-S 4- F,4C6IJ / e R 1
Telephone: (.2s .) a4c 9 © ?.2 3
Fax: -!d 1 S- .sONB c?
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"General" Variance Application Form
Version 1: May 2001
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
5.
Project Location:
Street address: e96 WAIT CkEEk R?
City, State, Zip: 4w161e7_0 V'/,-Z- ?c(C
County: 1 o'f-tYt -'_.t C-o
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8x 11 copy of the portion
of the USGS topographic map indicating the location of the site):
0At ,-rA.? D BCir@A ?'f9 uJy ?' . 1
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT' to the nearest named stream):
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
Others (specify)
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.:
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"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:
w.4-S iP -D,?srG-rvr D R V??s z Ae-mR pl-4Af
Tc? .P??)V G?i Br1 ??? K /.J'T?QIJSl4/?a
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YAJUJV IDS •TURAJI14C, iQA,4-) -lUS /n/7ld G-AWAigg?
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.):
-t^T?2 conJ.sne.UGi l®/?J , S,?Ry?BS ?`r?.?S -G??.? cv>y..L ?.ir
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
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(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.
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
City, State, Zip:
Telephone:
Fax:
Email:
part . 5: Applicant's Certification
1, 2) c> d 6-A.,4-.S 6 )--,*C6 A1 ! (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: 91 A -Z410-
Title: ehL R
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. n c. uslncwetiand s/
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:/Avww.saw.usace.anny.mil/wetlandsiregtour.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.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
/A1
May WQC Agenda Item # 2 5/08/01&%*! 04111
.4
Please note that this draft version contains edits to the version sent
in the May 3rd mailing. The changes are indicated by
stvikethrough 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:
1. The residential lot must be located within one of the coastal counties as
defined by the Coastal Area Management Act (CAMA).
2. Applicants must show that they have met the requirements for a variance
as specified in the buffer rules in "VARIANCES" [15A NCAC 2B
.0233(9)(a)(i)-(iii) and 15A NCAC 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 prior to August 1, 2000.
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Construction is for residential buildings and related structures such as
garages, decks, porches, attached commercial buildings, driveways and
sheds.
5. Substantial expenditures and contractual obligations must have occurred
in good faith prior to the August 1, 2000
Substantial expenditures
and obligations must have been made in reasonable reliance upon
governmental permits and/or approvals (such as 401 Water Quality
Certifications, CAMA permits, active connection to an existing sanitary
sewer system or local septic system approvals). Supportive written
documentation must be submitted to the DWQ for review.
6. The lot must be buildable, without wetland impacts except fo
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.
T
/A1
May WQC Agenda Item # 2 5/08/015/0310104/11
9 Any on-site wastewater treatment must not be located within 50 feet a
surface water as specified in "ZONES OF THE RIP 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 .1gd=ay from the
adjacent surfa wa r and/or coast wed 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.
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission
Effective Date:
Signed:

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