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HomeMy WebLinkAbout20091271 Ver 1_401 Application_20091109OFFICE USE ONLY: Date Received Request # State of North Carolina ?? 1 2 7 1 (?OV ? 5 Department of Environment and Natural Resources 2009 Division of Water Quality INETLQM AND S?1TORNINATER BR"H "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. 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) 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.) ,3•o 13 gr ? L? 1. App/li'?nt's name the corporation individuual, etc. who owns the property): ^0 C_ ._?Q__? 2. Print Owner/Signing Official (person le all reonsibJee th-e property and its compliance) Name: Title: ?-? Street address: City, State, Zip: M o R-?t? L c). 'ITS Telephone: 5?.3 O Fax: 3. Contact person who can answer questions about the proposed project: „ Name: JI c?n?AS_ j_._ ?????>il JrL• I24A.) A LA Telephone: a3O - 0)O3`3 _ Fax: Email: Ja.??a??r,oh? oil t?<-si ?nL to M. "General" Variance Application Form Version 1: May 2001 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: City, State, Zip: N r-4 13*-YN_ N L County: L?2A? iJ Latitude/longitude: _Z 0_3 6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the portion of the USGS topographic map indicating the location of the site): P017kL_4. 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 th 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 ft2.: 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: "General" Variance Application Form, page 2 Version 1: May 2001 AK Ae-? 117=0 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.): -'. ---- - 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. (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: ?. o . 6ux City, State, Zip: ??1 a-ry D? L a$S5 _ Telephone: a3@ 076 "General" Variance Application Form, page 3 Version 1: May 2001 Fax: Email: Part 5: Applicant's Certification I -r4?o -_ -. 4-A? ?_-_L-A __ _ __ (print or type name of person listed in Part I, Item 2), certify that tfe 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: C?IVIsIor) If ?,,V`Iter ?iai;ty ((-)V;Ql X01 `.A/Mlai cls .er" fi<,at!:} , lit t.: mbtr- e ivd (1_( )C%' i!ON? 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III O I U Q a p z wII O ¢ Zz u{1 Z..., z z? } m -I W O > ; H z ¢ OI¢ F co LL C) (f) cr U) 0- cr 0 (f) W W t, W i > Q J z o W U L: W v? Ldl I U) W A, ¢ rr W o z m U I I..r a m - - I I I ;I I I ? ;; ?- I I I. T? 'j m -_ - .._ ? I f ? N C') c* ? it ? .- N ('7 V ? N (") V I 3l .-. N [? d 1t ? t ? C) o v Q? O spy a 06 nl ^3` x q) W I ?INOZ . 1? Z 3NOZ ME3L ,:)?]d ,SL Q L I z Wz0O 0) < 000 j tYz?Q < D? z }cz v Q ?< W Q Z W W 0 m ma_ Q ? m v0 (j ,tick O 00 cD cD N W In N O Ln Lz W ?Q 0.W W H W ?W F-- z ?- LLzzz <_ ks)Qw O 7 W ? m N W N Q ,fig z 00 N C7 O z ? N u a ,i 2 m ? J 1 m ? m o = ? z O U N 0 W Z I-- (D U OI r?C••?. D? 0 W J OR . - > O Z = 00 UU == a a z 00 w ? ?'•• 0 o ? H W U a w a ; - isl Q ? ,d ''••.... ?, oN H O a Z ? a m O cn U z W p ^ W LL N 0) x w w x w o) A xW ¢Z Z wWZ j >_ w ?ry m x° z U O L DO z 0 T (n N F-rA MVAINWW? NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary Date l ` 4 Name of Property Owner Applying for Permit: Mailing Address: 3013 a I certify that I have authorized (agent)1}1,pn s 5. 44o12j6n) ??. , Q?A, AUK to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) t at (my property located at) ?a13 ?? 2 2-A Jt- 4A 1-40-? 4 L This certification is valid thru (date) 7 Property Owner Signature Date 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 1 10% Post Consumer Paper PART 2: ITEM #1 The attached Site Plan shows the proposed covered porch addition that will impact zone 2 of the Neuse Buffer. The buffer impact is 23.97ft2. PART 2: ITEM #2 The proposed covered terrace addition will contain an outdoor fireplace; the fireplace was placed on the wall that would allow for the least amount of obstruction to the view shed of the adjacent property owners. The chimney of the proposed fireplace has to be located a certain distance from the main dwelling in order to comply with local building codes, therefore the corner of the proposed covered terrace addition encroaches into zone 2 of the buffer. PART 2: ITEM#3 The proposed covered terrace will shed water towards the center of the rear yard in the same manner as the current runoff pattern. The center of the rear yard in its current state acts as a "level Spreader" and allows for the runoff to settle prior to reaching the bulkhead. PART 2: ITEM #4 QUESTION #1 The proposed covered terrace addition, if constructed any smaller, would greatly reduce the value of the existing dwelling in the form of future resale. The addition was scaled back numerous times over the course of the 10 month construction drawing phase in an attempt to completely remove from the buffer. The plans were reconfigured and the proposed terrace placed at an angle. The angular placement required a variance from the City of New Bern; the variance was granted after a brief site visit and presentation to the Board of Adjustments. PART 2: ITEM #4 QUESTION #2 The unique conditions set forth by the property starts with the property being disected by a private access street. The existing access street has a 35' utility easement that dictated placement of the existing dwelling prior to the Neuse Buffer rules coming into effect. The proposed covered terrace was conceptualized at construction, but due to financial concerns, this portion of the project was put on hold and scheduled for a later date. The project architect worked tirelessly over a period of 10 months to work within the parameters of the buffer, but existing structural and aesthetic hurdles restricted the options. Great care was taken by the architect in the planning stage to not only be sensitive to the buffer requirements, but to the adjacent property owners as to not block their view of the Trent River. Their was no opposition from adjacent property owners to the variance request that was presented and advertised by the City of New Bern. PART 2: ITEM #4, QUESTION #3 The main hardship is the fact that the Neuse Buffer rules were not in effect when the property owners purchased the property originally for their dream home; their visions of retirement included the full scope of the original project with the addition of the covered terrace. The financial hardship actually dated back to the original construction when the project would have been allowed with no opposition. The property owners saved and planned for their future addition and now it is financially feasible for them to proceed with the project. D'FyWjATF9OG oliii? _11? Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: El Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ? Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ® No For the record only for Corps Permit: ? Yes ® No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ? No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ® Yes ? No 2. Project Information 2a. Name of project: Meekins 2b. County: Craven rnn r, 2c. Nearest municipality / town: New Bern U 2d. Subdivision name: U Old Towne NO V 1 2e. NCDOT only, T.I.P. or state project no: N/A e. 20u? D 3. Owner Information WETLA NDS AND STORNMmEIE @RA,NCH 3a. Name(s) on Recorded Deed: Charels D. Meekins & Bettina B. Meekins 3b. Deed Book and Page No. D. B. 1311 Page 759 3c. . Responsible Party (for LLC if applicable): N/A 3d. Street address: 3013 Rivers Lane 3e. City, state, zip: New Bern, NC a13 L 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Infonnation (if applicable) 5a. Name: Thomas J. Horton Jr., RLA, ASLA 5b. Business name (if applicable): JAY HORTON DESIGNS 5c. Street address: PO Box 735 5d. City, state, zip: Morehead City, NC 28557 5e. Telephone no.: 252.230.0788 5f. Fax no.: 252.230.0788 5g. Email address: jay@jayhortondesigns.com Page 2 of 10 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 8-203-3-001 1 b. Site coordinates (in decimal degrees): Latitude: 77d03'45" Longitude: - 34d04'43" (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: .7528 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Trent River 2b. Water Quality Classification of nearest receiving water: Coastal 2c. River basin: Neuse 3. Project Description 3a.. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: SEE ATTACHED 3b. List the total estimated acreage of all existing wetlands on the property: N/A 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: SEE ATTACHED 3e. Describe the overall project in detail, including the type of equipment to be used: SEE ATTACHED 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or'stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: ? Yes ® No ? Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ® No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: NO IMPACT 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: NO IMPACT Page 4 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: NO IMPACT 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: NO IMPACT 5h. Is a dam high hazard permit required? ? Yes ? No if yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ' ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required.. B1 ®P ? T CONST. Trent River ® Nos Oft2 23.97ft2 B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 PCN Form -Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. SEE ATTACHED 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. SEE ATTACHED 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: N/A 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A Page 6 of 10 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: N/A Page 7 of 10 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ®No Comments: SEE ATTACHED 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 4.2% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: < 1 acre of disturbance 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8 of 10 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 9 of 10 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ? Yes ® No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ? Yes ® No 5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ? No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ? Yes ® No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No 8b. If yes, explain how project meets FEMA requirements: SEE ATTACHED 8c. What source(s) did you use to make the floodplain determination? Local data provided by Craven County Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Date Page 10 of 10 PCN Form - Version 1.3 December 10, 2008 Version PART B ATTACHMENT 3A The site is a residential home site with a pre existing single family dwelling. Both adjacent properties are residential and have single family dwellings constructed. PART B ATTACHMENT 3D The purpose of the proposed project is to create more exterior living space on the waterside of the property and to increase interior storage space on portions of the home located outside of the AEC. PART B ATTACHMENT 3E The plans reflect a proposed garage addition (outside of 75' AEC), master bedroom closet addition (outside of the 75' AEC) and a stone terrace on the waterside of the property that will encroach 23.97ft2 into zone 2 of the Neuse river buffer. The general contractor plans to erect a state approved silt fence 10' inland of the zone 1 line and on both adjacent property lines. The proposed garage and master closet addition will be "stick built" on a traditional foundation; the rear terrace will be constructed on a suspended slab supported by a traditional footing with a block masonry foundation wall veneered with brick to match the existing foundation. The terrace floor will be natural stone over a concrete slab. The terrace will be used as a "screened porch" and covered with traditional roofing to match the existing dwelling. The contractor will be using traditional construction equipment, backhoe, dump truck, skid steer, etc.; no cranes, bulldozers, or large excavators will be used, The equipment use will be isolated to within the dedicated "limits of disturbance". PART D ATTACHMENT 1A The proposed construction will take place in only a small portion of zone 2 (23.97ft2). The design of the covered terrace area that includes an outdoor fireplace, requires the chimney flue to be no closer than 10' from the existing structure. The covered terrace was scaled back as much as possible in the design phase to allow for safe pedestrian access and aesthetic appeal for the adjacent property owners. The location of the pre-existing dwelling dictated the placement of the terrace. The pre-existing dwelling was constructed prior to the buffer rules coming into effect. PART D ATTACHMENT 1B/ PART E ATTACHMENT 1B (COVERS BOTH ITEMS) The proposed covered terrace is on the water facing side of the dwelling. The existing run off is directed around the existing dwelling and sheet flows in the center of the rear yard as shown on the provided Site Plan. The proposed construction will not change the existing run off patterns and the proposed new impervious surface will be directed to the existing pattern of flow. PART F ATTACHMENT 8B The proposed finished floor elevation will meet or exceed the FEMA flood requirements as well as the additional 2' free board required by Craven County. 4- L ? .-??' 6 N ? N N 13NOZ Z 3NOZ L ?- pp=z Wz0O <(Y? Cz? o z ?W } (Y ltl W O kf) '11110011111111111 00 ?v W 0 c L V 4.1 O r cD N r? W in r? cD N O Ln cn N 0 W W o W oIL WZ<? L Z z LU o?Q W3 m?o NWNQ , -tg'z 00 r- N O O d- p d 4- FO z ... N n W i_ F .III m ?N ?_ O U y N 0 w z ?- ? U' X LO 0 (n o ?Tf.~'•.ti ?. r • ° 0 J a ._ o ; p= _ 00 s : 's n : _ _ a a z ¢ C9? : 'ter U Z :::. p P Al -. p a 0 (n u th z MCI w w x Now w m a xW ?c z ?jz w WZ J>W aim 0w u (Y) z W ?W W N 0) 0 0 z co o U) w W0 7 w w LLI It z Z fj) 0 Z 0 0 a O M 4'. fi• WARD. WARD. ?:? WILLEY R WARD ?':: ? ATTORNEt4 AT Uw I.O. DRAWER 1429 NEW BERN. N.C. 29543 BOOK 1.0 PAGE 7,59 NORTH CAROLINA CRAVEN COUNTY PREPARED BY A. D. WARD THIS DEED, made this 24th day February 1992, by and between WM. A. ALLEN, JR. and wife, SARAH S. ALLEN, of Lenoir County, North Carolina, JULIA MAXWELL ALLEN of Craven County, North Carolina, ALICE ALLEN-GRIMES of Norfolk, Virginia, MARY ALLEN WRIGHT and JULIA ALLEN THOMAS of Wake County, North Carolina, TRUSTEES, and the said JULIA MAXWELL ALLEN as EXECUTRIX under the Last Will and Testament of OLIVER HICKS ALLEN, Estate File No. 89-E-1 in the office of the Clerk of Superior Court of Craven County, North Carolina, A. D. WARD and wife, MARTHA S. WARD, WILLIAM F. WARD, JR. and wife, BETSY F. WARD, and KENNEDY W. WARD and wife, AUDREY P. WARD, all of Craven County, North Carolina, parties of the first part; and CHARLES D. MEEKINS and wife, BETTINA B. MEEKINS, whose address is 608 West Wilson Creek Drive, New Bern, North Carolina 28560, parties of the second part; i W I T N E S S E T H• THAT said parties of the first part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to them in hand paid by the said parties of the second part, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and convey unto the said parties of the second part, their heirs and assigns, all that certain tract or parcel of land lying and being WARD. WARD. WILLEY S WARD ATToRNErE AT LAW ?. O. DRAWER 1420 'f. NEW BERN. N. C. 20002 BOOK e"E ! fi i.) situate in the City of New Bern, Number Bight Township, Craven County, North Carolina, being more particularly described as follows: BEGINNING at a control corner, which is the common corner between the property hereinbelow described and Lot No. 60 of Olde Towne, Section III, Bats Hill, Lot No. 60 being the property of James Lee Davis and wife, Jean Davis; thence from this point of beginning southwestwardly along and with the high water mark of Trent River South 50°32'45" West, 122.54 feet to the southeastern corner of Lot No. 2 of the subdivision known as "Wards Point"; thence North 44°45'13" West, 292.00 feet, along and with the line between Lots 1 and 2 of the subdivision known as "Wards Point" to the westernmost corner of said Lot No. 1; thence North 30°21'23" East, 92.78 feet along and with the northwestern line of Lot No. 1 to a control corner in the line between Olde Towne and the property being described herein; thence South 50°24'05" East, 328.76 feet along and with the northeastern line of Lot No. 1 of Wards Point and the southwestern line of Lot 60, Olde Towne, Section III, Bats Hill, to the easternmost corner of Lot 1, Wards Point, the control corner at the edge of Trent River, the point of BEGINNING. TOGETHER with all littoral and riparian rights appurtenant thereto. THE property herein described is Lot 1 of the subdivision known as Wards Point, a plat of which appears of record in the office of the Register of Deeds of Craven County, North Carolina, in Plat Cabinet E, at Slide 356. TOGETHER with, and subject to, a non-exclusive easement for ingress, egress, and regress over a strip of land thirty feet (30') wide, as depicted on plat of Wards Point, which runs from River Lane, Old Towne, Section III, Bats Hill, across Lots 1 through 5 of Wards Point to Lot 6 of Wards Point. SAVING and excepting from the terms of this conveyance, an easement ten feet (10') wide for the installation of underground electric, telephone, and cable TV services, together with such aboveground devices as are required in order to provide said .services; subject easement lies along the southern edge of the 30-foot access easement 2 1 fi .Y depicted on the subdivision plat 'and runs from the northeastern line of Lot No. 1 to the southwestern line of said lot; ALSO SAVING AND EXCEPTING from the terms of this conveyance an easement 10' wide for the installation of underground electric services, together with such aboveground devices as are required in order to provide said service. The center line of said 10' easement is particularly described as follows: BEGINNING at a point in the northeastern line of said Lot No. 1, which said point is 82.77 feet southeast of the southern line of the 30' access easement, to which reference is made above, measured along the northeastern line of said Lot No. 1; THENCE FROM SAID POINT OF BEGINNING North 86°53'20" West, 15.61 feet; thence South 58045143" West, 36.96 feet; thence South 74°40'43" West, 31.29 feet to the southerly line of the 10' utility easement described above. Bon'v1leaE 76 ,i . ii . WARD. WARD. ,y 1 WILLEY ?t WARD Anomys AT LAw /. 0. DRAWER 1 11 ??}:± NEW NEIIN. N.0.3EEN t . / ?. ? • ._:...... ... ... .}ice:. THIS conveyance is made subject to the several easements to which reference is made above, and to the Declaration of Covenants and Restrictions, bearing date March 14, 1989, which is of record in the office of the Register of Deeds of Craven County in Book 1225, at Page 1000, as amended by instrument bearing date October 22, 1991, which is of record in Book 1302, at Page 27, in the office of the Register of Deeds of Craven County, as amended by instrument bearing date February 8, 1992, which is of record in the office of the Register of Deeds of Craven County in Book 1309, at Page 596. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to the said parties of the second part, their heirs and assigns, in fee simple forever. AND the said parties of the first part, for themselves, their heirs, executors and administrators, covenant to and with the said parties of the second part, their heirs and assigns, that they are seized of said premises in fee and have the right to convey the same in fee simple; that the same are free and clear of all encumbrances, except those limitations, reservations, encumbrances, 3 BOOK A ' Pa ! 6 i. r or restrictions set out hereinabove, and that they will warrant and defend the said title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the said parties of the first part, WM. A. ALLEN, JR. and wife, SARAH S. ALLEN, ALICE ALLEN-GRIMES, MARY ALLEN WRIGHT and JULIA ALLEN THOMAS, TRUSTEES, acting by and through their attorney-in-fact, JULIA MAXWELL ALLEN, JULIA MAXWELL ALLEN as TRUSTEE and as EXECUTRIX under the Last Will and Testament of OLIVER HICKS ALLEN, Estate File No. 69-E-1 in the office of the Clerk of Superior Court of Craven County, North Carolina, A. D. WARD and wife, MARTHA S. WARD, WILLIAM F. WARD, JR. and wife, 1 BETSY F. WARD, and KENNEDY W. WARD and wife, AUDREY P. WARD, have $ r hereunto set their hands and adopted as their seals the typewritten word "SEAL" appearing beside their names, all on the date first above written. v /'?K L `-GCS<r/? (SEAL) WM. A. ALLEN, pJR. JCt?a,? ?, / CGS., (SEAL) SARAH S. ALLEN u.Cc a (SEAL) ILIA MA LL ALLEN, TRUSTEE 1 .? WARD. WARD.. WILLEY Q WARD ATTORNEYS AT LAW P. 0. DRAWER 1028 NEW BERN, N.C. 2!301 BOON; .? j ? ? Putt 7 G v ALICE ALLEN-GRIMES, TRUSTEE (SEAL) FULIA MAXWELL ALLEN,' At obey- in-Fact MARY ALLEN WRIGHT, TRUSTEE (SEAL) ULIA MAXWELL ALLEN, At rney: in-Fact JULIA ALLEN THOMAS, TRUSTEE (SEAL) BY Q?? `l/ax.u.(', ,G Mee„- LIA MAXWELL ALLE , At rney- in-Fact 4r .. Gi "Cc 'L (SEAL) ULIA MAXWELL ALLEN, EXECUTRIX OF THE ESTATE OF,OLIVER HICKS ALLEN (SEAL) A. D. WARD 600Y, 1 ?i ? .t PNGt r! ?) NORTH CAROLINA LENOIR COUNTY I , O (17,11 , a. notary public in and for the county and stat ate` foresaid, do hereby certify that WM. A. ALLEN, JR. and wife, SARAH S. ALLEN, personally appeared before me this day, and being by me first duly sworn, acknowledged the execution of the foregoing instrument for the purposes therein contained. WITNESS my hand and notarial seal, this day of n 0h",/n,:p 1992. J NOT PUBL 6T I My commission expires: -%9- q3 NORTH CAROLINA CRAVEN COUNTY M/'// I, 1 I" S , a notary public in and for the county and state aforesaid, do hereby certify that JULIA MAXWELL ALLEN, as TRUSTEE, and JULIA MAXWELL ALLEN, as EXECUTRIX OF THE ESTATE OF OLIVER HICKS ALLEN, personally appeared before me this day, and being by me first duly sworn, acknowledged the execution of the foregoing instrument for the purposes therein contained. n"la rch rid WITNESS my hand and notarial seal, this ff? day of-February 1992. .. NO Y PUSLIC, ? ^'• My commission expires: WARD. WARD. ,....,.. WILLEY Q WARD ATTORNEYS AT LAW .? ?. O. DRAWER 1428 NEW BERN. N.C. 20963 6 BOOK aE ! E?,? r: •'r?' WARD. WARD. ;. WILLEY & WARD ATTORNEYS AT LAW P.0. DRAWER 142E ." NEW BERN. N.C. 28963 NORTH CAROLINA CRAVEN COUNTY v S , a notary public in ll? and for t cou y and state aforesaid, do hereby certify that JULIA MAXWELL LEN, attorney-in-fact for ALICE ALLEN-GRIMES, personally appeared before me this day, and being by me first duly sworn, says that she executed the foregoing and annexed instrument for and on behalf of ALICE ALLEN-GRIMES, TRUSTEE, and that her authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds of Craven County, North Carolina, on Februtrry6j2&tk7_, 1992, in Book 131( , at Page XD , and that this instrument was executed under and by virtue of the authority given by said instrument granting her power of attorney. That said JULIA MAXWELL ALLEN acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of said ALICE ALLEN-GRIMES, TRUSTEE. WITNESS my hand and notarial seal, this Z.*- day of MW c?1 1992. f'' My commission expires: /a-j/ -9?o rual,t???..-• . 7 BOOK i 3 1 t VLGE ! G y j WARD. WARD. .. { WILLEY & WARD ATTORNnTs AT LAW d ?. 0. DRAWER 1426 -! NEW BERN. N.C. 28563 I NORTH CAROLINA CRAVEN COUNTY 1 {Y I, ( • us 1 a notary public in and for the county nd state aforesaid, do hereby certify that JULIA MAXWELL ALLE, attorney-in-fact for MARY ALLEN WRIGHT, TRUSTEE, personally appeared before me this day, and being by me first duly sworn, says that she executed the foregoing and annexed instrument for and on behalf of MARY ALLEN WRIGHT, TRUSTEE, and that her authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds of Craven County, North Carolina, on Pebrnarr/ILut Z, 1992, in Book II , at Page (0-7'1 , and that this instrument was executed under and by virtue of the authority given by said instrument granting her power of attorney. That said JULIA MAXWELL ALLEN acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of said MARY ALLEN WRIGHT, TRUSTEE. ?Q WITNESS my hand and notarial seal, this day Nl?rch y of ar 1992. NO Y PUBLiC My commission expires: 8 Y? art :e F. } BOOR i FAGE i WARD. WARD. WILLEY & WARP AnOAN[rN Ar LAW .: I. O. DNAWEN IIEE NEW NENN. N.C. EEEE7 NORTH CAROLINA CRAVEN COUNTY I, 0;whl L/ /[S , a notary public in and for the count and state aforesaid, do hereby certify that JULIA MAXWELL ALLEN, attorney-in-fact for JULIA ALLEN THOMAS, TRUSTEE; personally appeared before me this day, and being by me first duly.sworn, says that she executed the foregoing and annexed instrument for and on behalf of JULIA ALLEN THOMAS, TRUSTEE, and that her authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds of Craven County, -North Carolina, on F-eb uaryA LI Z, 1992, in Book /311 , at Page ,'1L , and that this instrument was executed under and by virtue of the authority given by said instrument granting her power of attorney. That said JULIA MAXWELL ALLEN acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of said JULIA ALLEN THOMAS, TRUSTEE. WITNESS my hand and notarial seal, this day of lk`Fe r y 1992. NOT PUBL, My commission expires: `" ;?f? •. W-11 A to 9 BOOK i v 1 I r'uG"t ^f NORTH CAROLINA CRAVEN COUNTY a notary public in and for the count and state aforesaid, do hereby certify that A. D. WARD and wife, MARTHA S. WARD, personally appeared before me this day, and being by me first duly sworn, acknowledged the execution of the foregoing instrument for the purposes therein contained. WITNESS my hand and notarial seal, this day of T- 1992. NOT Y PUBLIC. My commission expires: NORTH CAROLINA CRAVEN COUNTY ('Jndu ?/ 1 I, / , a notary public in and for the count and state aforesaid, do hereby certify that WILLIAM F. WARD, JR. and wife, BETSY F. WARD, personally appeared before me this day, and being by me first duly sworn, acknowledged the execution of the foregoing instrument for the purposes therein contained. WITNESS my hand and notarial seal, this c??D day of Tc 1. 1992. ,,%?..a?2OTO1e?,,? oY H. M z??'P ?L 1 TARY PUBLIC—— NOTARY My commission expilgs PUBLIC WARD. WARD. WILLEY Q WARD ATToRNEYB AT LAW P, O. DRAWER 1426 NEW BERN. N.C. 28543 BOOK i rGGt ! 6 J NORTH CAROLINA CRAVEN COUNTY I, scan ?l ?rc?ry ?c?c __, a notary public in and for the count nd state aforesaid, do hereby certify that KENNEDY W. WARD and wife, AUDREY P. WARD, personally appeared before me this day, and being by me first duly'sworn, acknowledged the execution of the foregoing instrument for the purposes therein contained. WITNESS my hand and notarial seal, this Z r?d- day of m ayck 1992. My commission expires: :NORTH CAROLINA i ?i Y' 5 z'. r. '.?.I WARD. WARD. WILLEY ?t WARD ??; ;? ?! ATTORNEYS AT LAW F. 0. DRAWER I43R NEW RERN. N.C. assn .i 1 CRAVEN COUNTY N // UBLIC The foregoing certificatE5 of ?? , .a-n.,ta,-v ub is in and for said county and state, certified to be correct. This instrument was presented for registration on this day and hour and duly recorded in the Office of the Register ofj Deeds of Craven County, North Carolina, in Book /3// , at Page THIS day of &L j /2,f at 94) o'cloCe.m. 11 i t ? A W N ? A W N -+ 7 A W N? I Sk ! A W N .? .p. 1 i, A W N? I tt; m 1 _. O m t? 0 Im' m ! ' Z m O j _j O0 2 ? ?;? r -C7 0 C C) ?? 0 [ Z O c- O O ' Z O- r z tx t :z Cf) ,< I ! ? I i m (71 I ICI C O Z I , . rl I L f-i J : .1 t I C o! 0 . - r ? 1mj n 11 C1 D O N zl ? =J ?I Iz Ip 4i 33 I!Z I ID I D X1 p D m m D 1 ., i L CI m r I I ° - ? r II Z _t I IC F" i W m D ID v ? m' m t _ ~'! l D D m i W o m ° mm m D ryl M, t.: °: l7.p I? D Z r..> cn M M! = r, m m ?i? C-)ij m m -1 c D 47 r' DID `t7 - D D I---? m I D m° -4 . r U =a i:- O -t+ j l O m C:, :,1 r O O n IO 1 ta c - .I Cn .,> rvr m r z [37 Z I? D W ! C•-;, l Z z ,. .: O? E- z :, rn ??C ra i , m m m O Z D m m 0m 1:::: c c D z -i P ? 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D Cn C -; : M _ m D D t A co N- u < m p m n D U) D ... O -- - ' D D r _:: U) D :..C:: m F..,, D p ° z r- m m c?i7 O p Cn C) D m i U7 m t m m p ? C) 0 cn 1 1 D 13 p D Z D Gn m 1 m ti.. m n r r•r, m Cn -- Z rn D (n CG h- ° O r, D r.,, m G7 u m p -I ? a O 1 _ T . ,..? 1 0 - ° - - - ., m _. Q i m m r? 00 to m p r. D i _ O m : m Z - . :n ? ..- U M C) n : ° D m o