20020645 Ver 1_Complete File_20020425

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Page 1 of 2
May 29, 2002
DWQ Project # 02-0645
Beaufort County
Weyerhaeuser Real Estate Development Co.
c/o: Mr. Doug Hylton, Project Manager
119 Middle Street
New Bern, NC 28560
Subject Property: Lot # 39, Phase II, Cypress Landing S/D, Old Blounts Creek Rd (SRI 123), Chocowinity, NC
Silas Creek [03-03-07; 29-6-4; SC 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. Hyton:
You have our approval, in accordance with the conditions listed below, to impact approximately 200 ft2 of Zone 2
of the protected riparian buffers for the purpose of a temporary construction work-ione associated with the proposed
single family residential home 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
13, 2002 and received by the Division of Water Quality (DWQ) Wetlands/401 Unit on April 25, 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 213 .0259(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.
2. No impacts shall occur to Zone 1 of the protected riparian buffers. The outside boundary of Zone 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 .0259.
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 -
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
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/
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 Tar-Panilico River Riparian Buffer
Protection Rules (15A NCAC 2B.0259 (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,
y J. Thorpe,
Director, 9
Cc: Deborah Sawyer, DWQ Washington Regional Office
Terry Moore, DCM Washington Regional Office
File copy
Central Files
DWQ 020645
May 29, 2002

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April 13, 2002 t_..
Deborah Sawyer
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
Dear Ms. Sawyer:
Enclosed are applications fro riparian buffer variances that we have(1re??vieppwed in the field:
1. Revision- Windsong IIU lot 26-Portnoy. Originally submitted -441-02. DWQ
requested septic drainfield area shown in zone II be removed. Beaufort County Health
Dept. approved the area shown as "ADD" for the area required to replace the deleted
area.
2.WREDCO/Traynor(buyer)- Windsong III/ lot 23. Currently under contract for purchase
to close late April pending receipt of Variance Approval.
,3.WREDCO- Bent Tree Landing/ 1ot25. Approval requested for sales staff to correctly
disclose approved building envelope on limited area.
4. WREDCO- Cypress Landing/ Phase II lots 38 and 39. Approval requested for sales
staff to correctly disclose building envelope and driveway location in limit area.
It would be greatly appreciated if items 1 and 2 could be approved as soon as possible.
Should you have any questions please call me. 252-229-7798. Thank you in advance for
your assistance in these matters.
_._,_ Cinrara?
Doug ylton
46062 9_i-1-
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OFFICE USE ONLY: Date Received Request #
State of North Carolina C?PQ?S k* J 0=n1
Department of Environment and Natural Resources 2 ? E'
*- ,4,45 ?l-
Division of Water Quality J
"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) ?3
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 4011Wet/ands 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
2.
Print Owner/Signing
Name: _
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
3. Contact person who
Name:
Telephone:
Fax: f
ally responsible foy the
questions about the

project:
its compliance)
"General" Variance Application Form
Version 1: May 2001
( .................)
Email: d- &"!A. ?V 1&0 ?_ w r`?ca 1 . ??m
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, spedficatigns, letters, operation 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'/ x 11 copy of the portion
of the USGS topographic map indicating the location of the site): _
7. Stream to be impacted by the proposed activity:
Stream name (fir 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:
_ / y'Z-5 CAMA Major
CAMA Minor
401 Certificati /404 Permit
On-site Wastewater i
gi9s-,pv=s6o 514 :? 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

"General" Variance Application Form, page 2
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
re,Quced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
4t"S7TE0 r.-C4 4:r-#J6 OP DEtTiJEATEjo
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.):
J
4. Please provide an exp a a Ion of the following: ??{ ? ?pS ,
(1) The practical difficulties or hardships that would result from the strict app Ication of this
(3) If economic hardship is the major consideration, then include a specific explanation of the
eg2nomic hardships anq the proportion of the hardghip to the entire value of the project.
6
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): LW12 k?m'w
Mailing address: A#v1 A- A5 6184V&
"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
I, 6 ItVL.T18.1 (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form it
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.ne.us/ncwetiands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
General Number. [phone]
hftp:/twww.saw.us6ce.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]
hftp:/twww.saw.usace.army.miVwetlands/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
May WQC Agenda Item # 2 5/08ioiM3/0 0441M

Please note that this draft version contains edits to the version sent
in the May 3rd mailing. The changes are indicated by
st-r4kethreu& 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.
,
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
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 minirni ed
to the maximum extent practical.
7. Where impacts to the buffer will occur, the impact should be minimised
to the greatest extent practicable as determined by DWQ staff.
May WQC Agenda Item # 2 mmi4/eaio ^4/4i
9 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 waxer 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:
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NOTES: ,
1. THIS MAP IS NOT THE RESULT OF AN ACTUAL FIELD
SURVEY.
2. THIS MAP IS PLOTTED FROM INFORMATION FOUND ON
A PLAT BY McKIM & CREED ENG. TITLED " FINAL PLAT
FOR WEYERHAEUSER REAL ESTATE COMPANY,
CYPRESS LANDING SUBDIVISION, PHASE 2, SECTION 2,
DATED FEBRUARY 4, 1999. PLAT CAB. F, SLIDE 42-7.
3. FOR MORE INFORMATION PERTAINING TO THIS LOT, SEE
THE ABOVE REFERENCED PLAT.
FOR INFORMATION PURPOSES ONLY
NOT FOR SALES,RECORDATION OR
CONVEYANCES
CHOCOWINI
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RIPARIAN BU-
D.
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S g 57'57" W
CURVE LENGTH RADIUS DELTA ANGLE TANGENT
Cl 36.65 35.00 60'00'00" 20.21
C2 89.37 45.00 113'47'24" 69.02

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DIRECTION CHORD
N24'17'50"W 35.00
551'11'32"E 75.39
LOT NUMBER 39
CYPRESS LANDING SUBDIVSION - PHASE 2, SECTION 2
WEYERHAEUSER REAL ESTATE COMPANY
CHOCOWINITY TOWNSHIP - BEAUFORT COUNTY - NORTH CAROLINA
DATE: JANUARY 21, 2002 SCALE: 1"= 40'
SCALE: 1 " = 40'
2807 NEUSE BLVD. BLDG, 5
NEW BERN, NORTH CAROUNA 28560
TELE: 252 633-5899
FAX [phone]
80
N I WA HIN TON