20020669 Ver 1_COMPLETE FILE_20020430

p?O?WAT?RQG
co r
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
> -I
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
May 29, 2002
DWQ Project # 02-0669
Craven County
George & Louise Halyak
320 Plantation Drive
New Bern, NC 28562
Subject Property: 320 Plantation Drive, River Bend S/D, New Bern, NC 28562
Trent River [03-04-10; 27-101-(31); SB Sw 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 Residential Structures on Existing Lots within the Coastal Counties as defined by the Coastal Area
Management Act with ADDITIONAL CONDITIONS
Dear Mr. Halyak: '
You have our approval, in accordance with the conditions listed below, to impact approximately 300 square feet of Zone 2 of
the protected riparian buffers for the purpose of constructing the proposed "Carolina Room" over the existing deck with minor
alterations 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 dated March 4, 2002 and
received by the Division of Water Quality (DWQ) Wetlands/401 Unit on April 30, 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 conditions. For this approval to be
valid, you must follow the conditions listed below.
• Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers as identified within
15A NCAC 2B .0259(5). Roof drainage from the proposed addition shall be directed to vegetated areas at non-erosive velocities
prior to entering the protected riparian buffers. No new ditching or piping of stormwater through the protected buffers is allowed.
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. Joanne Steenhuis 910-395-3900 if you have any
questions or require copies of our rules or procedural materials.
Cc:
Central Files
Joanne Steenhuis, DWQ Wilmington Regional Office
Ted Tyndall, DCM Morehead City District, 151-B Hwy. 24 Hestron Plaza II, Morehead City, NC 28557
File copy
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/ncwetlands/
Sincerely,
OFFICE USE ONLY: Date Received Request #
State of North Carolina h7 i ?5
Department of Environment and Natural Resources
Division of Water Quality O 6 n f e
6 hi:PR 3 0 7002 ;nU
Variance Request Form - for Minor Varianc;? i
ECTION
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original.
Please identify which Riparian Area Protection Rule applies.
Neuse 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)
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):
Z -01,e6E 4 Zpil,s6 H444 y fe
6
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Ceoge? ?cJiS? /?lyr
Title: r wez /C
Street address: 320 l?•???%??V 4vZ
City, State, Zip: /p / e e ?1 C
Telephone: Z2S-
Fax: {
3. Contact person who can answer questions about the proposed project:
Name: (EQ?C/gLXglc
Telephone: aS ) 37 l 225
Fax: ?.._•_ ?)
Email C=;L/?p?y.?. ?!P ??? .jLfC • Ca.?it
4. Project Name (Subdivision, facility, or establishment name consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
"VL-1- 13eNp /VC
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
Version 1: February 2000
6
Directions to site from nearest major intersection (Also, attach an 8 %2 x 11 copy of the USGS
topographic map indicating the location of the site):
,5 u T// g /'1 f%?a ,tee ? ???-,l Lc t T i ?? -? e -? 5?1??1E ??%PJf
.e- (?,'7- PAI 2,*o P???/Tk?b-i/ o2,'ve - '/?s ?i.%P er? s`,or
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
.''SLAAtn , LAKe- ..-. '/;V/2) ?Re-/T /liVe'<
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: )We-v7' IeIVCA
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
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 ft2.]:
WC wotiza ?• /? e G]fR?L;.?,y 1?oe?t Qvi?T 494) 71? SyIye- %c?oTl°re.?'i fS- ovz ?Xi`s?:d4
,0ecX W1711 e.ie s41A. excet&T©v, ® A2cy?ieCiu,9li c:.u ??rCe- 7/?e. CA?tat?,.?? /eca4-t We WO 040
7Z) 11-J91e. A4C 1;e0N i o% C tl;W _)9 0, f1113 ,9n1 /e. uJa(JCO Nc?f moo'%?'dde "e 64/0 WN2LC_
Th. eu4,ie4/7- s: b e-5 Z410o
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:
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.):
iNce ,?ylQt??NC> 1%J 3 _1S 4 s 0 1 /7.? VC eZli* ticrie ALL PC4.OJT ?e /?/ /t /?'ur"`e,?
?o vC %//C ?vLL 4e ?/9i!/ ©f" ,A ? tv i re4 l-/;toNT Is(lelcl-la4d. -Z4/ AoO? iiaV? I-&e ?zlexr 1:2 ? iS 1.7
(?u i?? e.2 ?.'NC ? ?/h?J'ur?e P? eve /'2 yes ? ??no /? i??s ? f' C?%??ve? Pl.??eo i r? ire G
WR'7,e ?s?aN`T +!;i?,?f e,t z ®KIZ ?'.:dCr eP ?6? re2 ?2 y? cd?/s.ous? d/_ r° r, ec%74c 7116
W SCe g
Varryy a o lO'S
Request Form, page 2
Version 1: February 2000
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
r7uve/?Gf/i
1004,1,2e4 in 11A1O,r141ce fr!nri ? e?e 41eeaeo R-1 idmmoty lvF6, 11A
,91-,m4av NAo e vq. eePr 2c????UJ 71-1e- &4dr l air sov,Vo .veers,
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
(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): S 741,gg r /?/a,¢???/ C?? s T/?rJc ?©-? CO,
Mailing address: //S'O /?20 o acex- xb,
City, State, Zip: .Mewl ls'e.e4 c QLr G 0
Telephone: :2 2 - 6,9'S3 - S°--7//
Fax:
Email:
Part 5: Applicant's Certification
(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:
Variance Request Form, page 3
Version 1: February 2000
Certificate of Survey and Accuracy
I, Chet M. Suitt, certify that this plat was drawn under my supervision
from an actual survey made under my supervision (deed description
recorded in Book 1675, Page 614); that the boundaries not surveyed
are clearly indicated as drawn from information as shown; that the
ratio of precision as calculated is 1:10,000; that this survey is of an
existing parcel or parcels of land. Witness my original signature,
registration number and seal this 25 day of April, A.D., 2002.
Professional Land Surveyor ??? .•°°` ES$/ 'O•.°
e
L2995 =O•°e q? °; y
Registration Number e° SEAL g =
Address: 320 Plantation Drive. 3 L2995 s
:l9 per':
Deed Reference: e°°
%
Louise R. Holyak & George E. Holyak °% SURV e000 ??
Deed Book 1675, Page 614. ;* °O•°eeeee•°` -
Craven County Register of Deeds. ,M
/ 0?
X,
Tax Parcel Number (8-073-A-057).
Boundary Survey Classification
Urban Land Survey (Class A)
Area by coordinate computations.
LEGEND: 4j0
R/W = RIGHT OF WAY O?
(E = CENTER LINE
L1 = LINE NUMBER 10' Pavement
MBL = MINIMUM BUILDING LINE
D&UE =DRAINAGE & UTILITY EASEMENT
SPK /
SPK =SET PK NAIL
PK = PARKER KALON NAIL \
SQ.Ff. = SQUARE FEET !i
® = ELECTRIC PEDESTAL / C
® = WATER METER /
• = EXISTING IRON PIPE
O = SET IRON PIPE Q?
0= PK NAIL SYMBOL f
Craven

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Existing PK Nail at the \\
intersection of Plantation \
Drive with Anchor Wav

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0 00 0 0 \ \
Cjz \
\y?/ Original Property Line \
per Map Book 14, Page 42.
.wo ua
VICINITY MAP

Lake"
Original Property Line
per Map Book 14, Page 42.
Flo
Wood
Bulkhead
Portion of River Bend Plantation, Section 2, Part A.
LOT N0. 57_, SUBDIVISION: Map Book 14, Page 42. Craven Co. Registry.
River Bend, No. 8 TOWNSHIP,
RESURVEY FOR: George E. Halyak
DATE: 04-25-2002
COUNTY, NORTH CAROLINA
JOB NO. Cad2373 FIELD BOOK 190/31
SUITT & ASSOCIATES, P.A.
LAND SURVEYORS SINCE 1965
P.O. BOX 12034
NEW BERN, NO 28561 -2034
TEL. [phone]
FAX: [phone]
EMAIL: SUITT( CCONNEl3T.NET
GRAPHIC SCALE
40' 0' 20' 40' 80'
( IN US SURVEY FEET )
1 inch = 40 ft.
LINE TABLE
LINE BEARING LENGTH
L1 S49-16'00" E 19.00'
Wood
Dock

LA

.