20020828 Ver 1_COMPLETE FILE_20020528

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July 24, 2002
Gordon and Minnie Lue Sumerlin
103 Burnette Drive
Greenville, NC 27858
Subject Property: 687 old Pamlico Beach Road West, Belhaven, NC 27810
Pamlico River [03-03-07; 29-(1); SC NSW (Nutrient Sensitive)]
DWO Project #02-0828
Beaufort County
Page 1 of 2
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. and Mrs. Sumerlin:
You have our approval, in accordance with the conditions listed below, to impact approximately 1,080 ft2 of Zone 2 (only)
of the protected riparian buffers for the purpose of constructing the proposed driveway on the subject property as
described within your application dated May 14, 2002. 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 May 14, 2002
and with additional information provided within your July 12, 2002 letter. 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.
Conditions:
1. No impacts shall occur to Zone 1 (i.e., 30 feet from the coastal wetland as delineated by the Division of
Coastal Management and/or surface water whichever is more landward) of the protected buffers (except
for "exempt" activities identified within 15A NCAC 2B .0259).
2. Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
as identified within 15A NCAC 2B .0259(5). Drainage from the driveway 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.
3. You are required to plant twelve (12) native hardwood trees in the retained portions of the protected
riparian buffers on the property as you described in your July 12, 2002 letter within sixteen (16) months of
project completion. DWQ shall be copied on an as built planting plan within one month of the completion
of the plantings.
4. Replacement of the home, deck and steps is considered an existing use "exempt" from the buffer rules,
as long as the new structures do not extend beyond the footprint of the original structures.
Alan W. Klimek, PE, Director
Division of Water Quality
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
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/
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 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,
KUmek
. K' , P. E.
r, DWQ
cc: Deborah Sawyer, DWQ Washington Regional Office
Terry Moore, DCM Washington District Office
File copy
Central Files
DWQ020828
July 24, 2002
bz
07/16/2002 12:56 252-816-7337
CARDIO PULM REHAB
PAGE 01
PITT COUNTY MEMORIAL HOSPITAL "d Q?U vi
University Health Systems of Eastern Carolina,
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Fax #: qsct-U3-(oFg3
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Pages: It ., including this cover sheet.
COMMENTS:
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Cardiovascular & Pulmonary Rehab
Fax #: [phone]
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_ Melinda Bateman
_ Dan Bayliss
Scott Eldridge
Marie Estes
Jill Gerardo
_ Jean Maas
Trent Hargcns.
Donna Jacobs
Susan Mattingly
Derek McEntee
816-5736 Jane Moore 816-7449
816-5693 _ Ron Peaden 816-6806
816-8772 _ Tory Pruitt 816-8809
816-7002 _ Beth Shane 816-6805
816-8618 _
816-6769 ue Sum:rlin 816-1077
816-7897 Mary Tayloe -
816-7537 ?. Janet Tinker 81'6-7475
816-8810 _.Mary Williams 816-7847
816-7848
If you do not receive all pages of this fax, please call the appropriate person below:
07/16/2002 12:56 252-816-7337
Deborah Sawyer
Division of Water Quality
Washington Regional Office
Beaufort County
CARDIO PULM REHAB
Gordon Ray and Minnie Luc Sumerlin
103 Burnette Drive
Greenville, N. C. 27858
July 12, 2002
Subject: Request for Minor Variance
Tar-Pam ico Buffer Rules (15ANCAC 2B.0259)
DWQ Project # 02-0828
687 Old Pamlico Beach Road West, Belhaven, N.C. 27810
PAGE 02
In May of 2002, we made a request to the Divisions of Water Quality for a Minor Variance from the Tar-
Pamlico Buffer Rules (15A, NCA.C 2B .0259). This Minor Variance would perrrzit us to move the
driveway, on the above lot listed no closer than 30 feet from the marsh; land, to allow for the repair of the
existing septic system if needed and to have permission to use impervious surface for the proposed
driveway due to soft mucky soil in the area of proposed driveway.
In response to our request, we received a certified letter on June 21, 2002 asking for more information for
this proposed project, We contacted and met with Deborah Sawyer on June 28, 2002, so to get a better
understanding of impacts to the buffers and a mitigation plan to compensate for impacts to the protected
buffers.
This is a written response to provide information requested as to the impacts on buffers and a mitigation
plan to compensate for the impacts of the protected buffers. Listed below are the specific information that
was requested and plaits of rnitigatiom
1. Information requested: Please provide a mitigation plan to compensate for the impacts to the
protected buffers.
Plan: To plant a total of 12 native hard wood (3-5 gal size) trees and bushes listed on the Riparian
Buffer Restoration Plan to compensate far the impact to the protected buffer zone.
2. Information requested: Please provide the area in square feet of'any impervious surfaces that are
proposed with Zone I and 2 of the protected buffers.
Plan: 1080 square feet of impervious surface is proposed within Zane 2 only for the driveway due to
soft mucky soil as previous described. No impervious surface is proposed for Zone 1. Home, deck,
and steps that are planned will be constructed within the existing footprints of the previous
condemned home.
3. Information requested: Please provide a copy of your on-site wastewater permit.
Plan: Attached is a copy of our on-site wastewater permit and a map that shows septic and drain
lines,
4. Information requested: Do any wetlands other than the identified CAMA Marsh exist on the
.Property?
Answer: No
5. Information requested: Please note that your proposed project will need to comply with CAMA Rules
that regulate development within the 20 coastal counties of North Carolina. You may want to go to the
Division of Coastal Management's web site for information on these rules. You can also call the
Washington District office at (252) 946-648,1.
Answer: We have reviewed CAMA riles at their web site and contacted the Washington District
Office of CAMA and was told that we were in compliance with CAIMA rules.
Please let us know if more information is are needed at this time so to obtain, a minor variance for this
propose project.
Sincerely Yours,
Gordon Ra Sumerlin Minnie Lue Sumerlin.
07/16/2002 12:56 252-816-7337 CARDIO PULM REHAB PAGE 03
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Alan W. Klimek, PE, Director
Division of Water Quality
June 14, 2002
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Gordon Ray and Minnie Lue Sumerlin
103 Burnette Drive
Greenville, NC 27858-7711
Subject Property: 687 Old Pamlico Beach Road West, Belhaven, NC 27810
Pamlico River [03-03-07; 29-(1); SC NSW]
Dear Mr. & Mrs. Sumerlin:
DWQ Project # 02-0828
Beaufort County
Page 1 of 2
On May 30, 2002, the Division of Water Quality (DWQ) received your request for a Minor Variance from the Tar-
Pamlico Buffer Rules (15A NCAC 2B .0259). The DWQ has determined that your proposed project can comply,
if approved, with the Neuse Buffer Rule as an "allowable with mitigation" use and not require a minor variance. It
is unclear from the information that you provided within your request as to exact impacts to buffers, wetlands
and/or waters. Therefore, unless additional information is provided as described below, we will have to move
toward denial of your request per 15A NCAC 2B.0259 and will place this project on hold as incomplete until we
receive this additional information. Please provide us with information supporting your position that states your
project must be constructed as planned and that you have no practical alternative to impacting these protected
riparian buffers. Specifically:
1. Please provide a mitigation plan to compensate for the impacts to the protected buffers. One option is to
propose payment into the Riparian Buffer Restoration Fund.
2. Please provide the area (in square feet) of any impervious surfaces (i.e., home, deck, etc.) that are proposed
within Zone 1 and 2 of the protected buffers.
3. Please note that any septic system will need to comply with the Non-Discharge Rules (15A NCAC 2H .0200).
Including, but not limited to "minimum separation" setbacks from surface waters and wetlands. Please
provide a copy of your on-site wastewater permit.
4. Please note that any impacts to wetlands will require the use of Nationwide Permit No. 18 or 19 from the U.S.
Army Corps of Engineers (USACE) and the associated Water Quality Certification from the DWQ. You
stated that "mucky, wet, soft" soil exists in the area of the proposed driveway. Do any wetlands (other than
the identified CAMA marsh) exist on the property? You may want to go to our web-site at
http://h2o.enr.state.nc.us/ncwetlands/basic401.htmi for more information regarding this. You may want to
contact the USACE at Washington Regulatory Field Office, [phone] for more information on the
Nationwide Permits or to set up a site visit to determine the presence of wetlands on the property.
5. Please note that your proposed project will need to comply with CAMA Rules that regulate development
within the 20 coastal counties of North Carolina. You may want to go to the Division of Coastal
Management's web site for more information on these rules at http://dcm2.enr.state.nc.us/ . You can also
call the Washington District office at [phone].
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/
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me
and to Ms. Deborah Sawyer of the DWQ Washington Regional Office at [phone]. If we do not hear from
you in three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn. Please call Mr. Bob Zarzecki of this office at [phone] if you have any questions.
Sincerely,
John Dorney,
Supervisor,
Wetlands l 401 Unit, DWQ
cc: Deborah Sawyer, Washington Regional Office
File copy
Central Files
DWQ 020828
June 14, 2002
OFFICE USE ONLY: Date Received _ Request #
State of North Carolina r "? i ~ ?j?
Department of Environment and Natural Resources
Division of Water Quality 02. O 4B'a
MAr 2 e Ow?
Variance Request Form - for Minor Varia aeo?P
Protection and Maintenance of Riparian Areas Rules ---?--
NOTE. This form maybe photocopied for use as an original.
Please identify which Riparian Area Protection Rule applies.
Li Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
n 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. Ap licant's name (the orporation, individuafl, etc-. who owns the property):
VA V1 k _Q_ _Lx
2. Print Owner/Signi
Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
ial (person legally responsible for the property and its compliance)
/0

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3. Contact person who can answer questions about the proposed project:
Name: , % _ 'L o Qyd if1
Telephone: c arm}. S Ss - 10 -7
Fax: LXr )_RA to ` 13 3
-
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:
City, State, Zip:
County:
Version 1: February 2000
Latitude/longitude: <Nay - ?SwvU-eA -
6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the USGS
topographic map indicating the location of the sitA): .. „ ,
7. Stream to be impacted by the proposed activity:
Stream name (f r unnamed stream la el as IT" to the-nearest named stream):
i (
C;ev Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]: , 0.3 ??
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
9y?d' .? Amor - 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.
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconft'- red to better minimize or elimin to disturbance to the riparia buffer
9,)T, ?A\al." Y- Ba ck' r 0 V Vf t% o O sp in-G. erc s r1_0
?h
??poss'?b?e W?v^^- '?=??^S J
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- vegetation or enhance ent of exi tin v getatio , etc.):
_Q_ ,

Variance Request Form, page 2
Version 1: February 2000
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
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
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(2) How these difficulties or hardships result from conditions that are unique to the property
-e,
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:
Fax:
Email:
Part Vplicant' Ce ficaio
I, <--' ?- aU'A2iC1Vk (L LLYYN`e-1-? (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 wit art 5 of this form will be recorded with all required permit
conditions. J?c
Signature: _
Date: _ I 62
Title: 1 oW--- --- -
Variance Request Form, page 3
Version 1: February 2000
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic, hardships and, the proportion of the hardWip to the entire valy of the project.
MAY-03-2002 06:14 PM JAMES J.'ALBERA. P.L.S. 252 964 2192 P.03
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