20020791 Ver 1_COMPLETE FILE_20020516

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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
May 29, 2002
DWQ Project # 02-0791
Beaufort County
Julian S. Barnhill, Jr.
1909 Sierra Drive
Wilson, NC 27896
Subject Property: Lot 105, Teach's Point, Bath, NC 27808
Bath Creek [03-03-07; 29-19-(5.5); SB 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. Barnhill,
You have our approval, in accordance with the conditions listed below, to impact approximately 1,777 f? of Zone
2 of the protected riparian buffers for the purpose of constructing the proposed house and porch 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 February 11,
2002 and received by the Division of Water Quality (DWQ) Wetlands/401 Unit on May 16, 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.
1. Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
as identified within 15A NCAC 2B .0259(5). 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.
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 Tar-Pamlico 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,
1
ry J. Th p , Ph.D.,
ctin Director, DWQ
Cc: Deborah Sawyer, DWO Washington Regional Office
Terry Moore, DCM Washington Regional Office
File copy
Central Files
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/
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources'
Division of Water Quality
1?
"General" Major Variance Application: Form
k'tz;?i `` 4?
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules fof reside ?, ,ros
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)
m 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 DWO 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.
RECEIVED
Part 1: General Information
(Please include attachments.if the room provided is insufficient.).
FEB 2 1 2002
1. Applicant's name (the corporation, individual, etc. who owns the property):
Julian S. Barnhill Jr. nIn/n_InInRO
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Julian S. Barnhill Jr.
Title:
Street address: 1909 Sierra Drive
City, State, Zip: Wilson, North Carolina 27896
Telephone: ( 2 5 2) 2 6 6 1368
Fax: ( 252) 243 1 51 1
3. Contact person who can answer questions about the proposed project:
Name: Selden Taylor / Jarvis Associates, PA
Telephone: [phone]
Fax: [phone]
Email:
"General" Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, spVcifications, letters, operation and maintenance agreements, etc.):
Teach s Point
yl.•^ ',hie( •^. M
5. Project Location: '
Street address: ` ;6t`` 109' Meath's, Poi'nt'
City, State, Zip::;•;•- ' ath, North-Carolina 27808
County: Beauf oft '
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);
Head east on: Rbtite ;g2 . thro?xgh Bath` and, take--'a right on SR 1 757 .
Go straight to the tee and take a right. Lot 105 is on the left.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT° to the nearest named stream):
Bath Creek and Back Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 213
.0315 (Neuse) or.0316 (Tar-Pamlico)]: sB Nsw
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
x 6=6-97 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.:
See attached plat
Area o propose house an porc in zone = SF
0.04 acres
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
The on site wastewater s,tZc;t-Pm is rPc7ni red to r-nucr _
a large section of the si tP and utilizes a large po-ti on of
the buildable area In order t-n htli 1 d the desired house + ho
foundation has to be moved forward in n the ri=arian buffa-
3.
4.
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.):
The grading activities are planned within the Riparian buffer
other than that apxproved with the-house construction.-
. . _ ... ., .. .
Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
The lot will be rendered useless for all but very small homes.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The on site wastewater system required to be outside the
buffer area utilizes a large portion of the buildable area.
(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.
N/A
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:
City, State, Zip:
Telephone:
"General" Variance Application Form, page 3
Version 1: May 2001
I
Fax:
Email:
Part 5: Applicant's Certification
Julian S. Barnhill (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
nnnrlitinns.
Signature:
Date:
Title:
'1` NO Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NO 27699-1650
[phone] (phone)
h.ftp://h2o.enr.state.no.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.m!Vwetiands/regtour.htm
tAo 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/wetlands/regtour.htm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NO 27889
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NO 28557
phone: [phone]
"General" Variance Application Form, page 4
Version 1: May 2001
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