20020981 Ver 1_COMPLETE FILE_20020620

W AT?RpG Michael F. Easley
Governor
r William G. Ross, Jr., Secretary
> Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
July 30, 2002
DWO Project # 02-0981
Pamlico County
Page 1 of 2
William Steven Godfrey
1224 Chaney Road
Raleigh, NC 27606
[phone] [FAX]
Subject Property: Lot 29, Buccaneer Bay Subdivision Sec. 2, 2024 Blackbeard Drive
Smith Creek [03-04-13; 27-150-14; SC Sw HQW 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. Godfrey:
You have our approval, in accordance with the conditions listed below, to impact approximately 814 ft2 of Zone 2 (only) of
the protected riparian buffers for the purpose of constructing the proposed home on the subject property as described
within your application dated June 20, 2002 and the attached plot plan. 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 June 20, 2002
and the attached plot plan stamped and initialed by DWQ staff on July 30, 2002. 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 26 .0233).
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.
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.
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
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules
(15A NCAC 2B .0233 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Ms. Deborah Sawyer at 252-946-6481 if
you have any questions or require copies of our rules or procedural materials.
Sincerely,
K imek, P.E.
e or, DWQ
Attachments: Plot Plan stamped and dated by Q staff on July 30, 2002
"General" Major Variance for Coastal Counties
cc: Deborah Sawyer, DWQ Washington Regional Office
Terry Moore, DCM Washington District Office
File copy
Central Files
DW Q020981
July 30, 2002
bz
" 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)(axi)-(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 on-site wastewater
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 minimized to the maximum
extent practical.
7. Where impacts to the buffer will occur, the impact should be minimized to the
greatest extent practicable as determined by DWQ staff.
8. 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 water 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
Stonnwater 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. In addition, the applicant must file
(if needed) an application with the Local Health Department for an on-site
wastewater system prior to any site construction. The Improvement Permit and
the Construction Authorization is required to be issued prior to any other building
or construction permit [Ref. G.S. 130A-338]. .
Signed: Z92? /
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission
Effective Date: / 1l ;too
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JUL-29-02 MON 11:35 JOSH-NOBLES 9197455951 P.01
+i{ Untitled
Attention: Bob Zarzecki
Re: William Steven Godfrey
From the office of. Josh Nobles
page following is a map of Mr. Godfrey's lot.
If you have questions call 252 745 5851.
Thanks,
Josh Nobles
Page 1
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SURVEYED FOR
LOT 29 BUCCANEER BAY SECTION THREE
AMENDMENT FOUR.
WILLIAM STEVEN GODFREY
TERRI ELIZABETH MANN
NO. 2 TWP. PAMLICO CO. N. C.
SCALE : I" = 40' AUG. 4 , 1988
SURVEYED BY HERBERT J. Josh NOBLES Jr. RLS L-2703
200 CAMPEN ROAD BAYBORO , NORTH CAROLINA 28515
O?- vv?irROG
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1VIII.Mdul 1'. L:NILy, uvVulllul
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
Division of Water,-Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650' Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
Fax To: 6ve4e C Fax #: q101 -63%- (02 3q
Company: Date: _ 4 1610Z
Number of pages including cover sheet: 3
Notes or special instructions:
6t-eev e.

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N. C. 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)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetiands
JUL 18 2002 1338 FR CARY HEALTH AND REHAB 19198596234 TO 7336893 P.01i02
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** TOTAL PAGE.02 **
\Q?OF W A TF9QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
July 11, 2002
DWQ # 02-0981
Pamlico County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED (L) c3 ' ?? `'r ?E'
William Steven Godfrey
1224 Chaney Road
Raleigh, NC 27606
Dear Mr. Godfrey: _- -f^ I f_ /
On June 20, 2002 the Division of Water Quality (DWQ) s notified by receipt of your
application regarding your plan td fil ands for the purpo -6i` residential construction in Pamlico
County. Approval from DWQ is required isturb se areas. Please provide 7 copies of the
following information and refer to the DWQ # list bove in your reply. In particular as described in
15A NCAC 213.0502, we will require you to ate all st s and ponds on the property. Please show
these on maps of suitable scale (for inst e 1" = 100 feet) so a can begin to determine your projects'
compliance with 15A NCAC 2H .0 \
1. Please indicate the location and footprint of any existing impervious surfaces on the
• property (e.g. house, deck, driveway etc.).
2. Please indicate',the, location and footprint of any proposed impervious surfaces on the
property (e.g., deck, etc.). h, (, II
v 3. Please indicate the location of the 50 foot buffer on the property and maishlor otherwise
mark any impacts (i.e., new impervious surfaces such as a deck) to the buffer.
4. Please indicate the area of impact in square feet to both Zone 1 (30 feet from marsh or
surface ,water) and Zone 2 (outer 20 feet of 50 foot buffer) of the protected buffers.
Please telephone me at 919-733-1786 if you have any questions or would require copies of our
rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A
NCAC 2H .0505(c). The processing time for this application will begin when this information is
received. If we do not hear from you by writing within three (3) weeks we will assume you no longer
want to pursue the project and will consider it withdrawn.
Sincerely,
John Dorney
Water Quality Certification Program
cc: Washington DWQ Regional Office
Washington Corps of Engineers
Central Files
File Copy

*%M
North Carolina Division of Water Quality, Wetlands/401 Certification Unit
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
Ph: [phone], Fax: [phone], http://h2o.enr.state.nc.us/ncwetlands/
DWQ,' l IHR0
Fax : [phone] Jun 18 :12 8:37 F1. 04

OFFICE USE ONLY; Date Received
State of North Carolina
Department of Envirenmont and Natural Resources
Dlvision Ot Water Quality
"General" Major Var innr+e A ?..- --ition Form
From the Neuse and Tar-Pamlico e^ <CVC;w s" Is for residential structures
an existing lots within the coastal 'al Area Management Act
(As approved by the Wata Qua;iry Cora ;nt C.omrnission on 5/912001)
??• Qktt,Z
b c?-tt
Please identify which Ripa '(k(,,1 S applies:
o Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233)
a 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 Intormation 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 4011Wetlands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 2 7699-1 650, 919.733-1786 to constitute a complete
submittal. This form may be photocopled for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.).
1. Applicant's name
2
Print Oviner/Signirg Official (pe
Name; C u, t f tgay,
Title:
Street address:
City, State,
Telephone:
Fax:
3. Contact person who can • n:
Name: 5-te
Telephone: LU )l
Fax: q tc
Email:
"General" Variance Application Form
Version 1: May 2001
individual, etc. who owns the property):
legally responsible for the property and its compliance)
Lgaz r)- c
about the proposed project:

DbJ /UHRO Fax :[phone], Jun 13 '0`2 8 3Y P. 05
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, lett r , o eradon and maintenance agreements, etc. l.
a r???c co rJ: C .
5. Project Location
Street address:' A E
City, State, zip:..
County:. .
Latitude/longitude; 4
???Orz?vE
8. Directions to tits from noaresf
of the major intersection (Also, attach an a `h x 11 Dopy of the portion
_ US.GS topographic,map indicating the location of the site): , . _
7. Stream to be impacted by the proposed activity:
Stream name (for unna re lsjea s label 3 4U a the nearest named stream):
tie
Stream classification [as identified within the chedulCiaL
atio t 5q'NCAC 2B
.0315 (Neuse) or .0316 (Tar-Pamlioo)j: . O
- 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
- - NPDE'S Permit (including stormwater)
Non-discharge Permit
-- Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
!Please include attachments if the morn provided is insUtPiCient.)
1. Description of proposed activity (Also, please atla^h, a map of sufficient detail (such as a plat
reap 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 offer impact in ft21:
2. State rcaavns wtly thi3 plan'or the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbanc® to the riparian buffers.
,.&990W
"General" Variance Application Form, page 2
Version 1: May 2401
DUL - LJRRO Fax: [phone] Jun 18 '02 8 :3? P. 06
60 rn deo Go" ? tom, rsoi Cwt ??22enT ? 4 t! q !?N ??i t r. G tCe a,?
3. Description of any best management practices to be used to control impacts assooiatsd with
. the proposed activity (i.e., control of runoff from impervious giAwnp.v to r-, rewieia AW.- ff..,.,
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
oc& ld W T•O
(d l'h
?-? . -? A r r l.f jlhAl`e.
AS
(3) It economic hardship is the major consideration, than include a specific explanation of the
Vcgnot io hardships and the proportion of the hardship to the entire value of tie project.
Ine Nome nn.-LA n _ 11^t1 6,-1 ,...,.-i - ;
C
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwatsr 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 let.
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
(2) How these difficulties or hardships result `Tom conditions that are unique to the property
involved
IiWC1, I.IRR9 Fax: [phone] Jean 18 '02 8: Vic; P. 07
rax:
Email:
Part 5: Applicant's Certification
I, ?? t I Yh tr uer?? (r??, (print or type name of person
listed in Part I, item 2)', certify that the information inciudad on this permit appiication form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 3 of this form will be recorded with all required permit
conditions-
Signature:
Date:
Title:
NC Division of Water Quality (DWQ)
401 Wetlands Certification Ur,it
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 2.1699- 1650
[phone] (phone)
http//h2o.enr.state,nc.us/newatlandsl
RALEIGH REGULA-ORY FIELD OFFICE
US Army Ccrpe of Engineers
5508 Falls of the Neuse Road. Suite 120
Raleigh, North Carolina 27615
General Number: (919) e76.8441
http J/www.saw. usace.army.n,!Vwetiands/regtour.ht m
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.arrr.y..,nil/vvetiandr./regio,jr,h,n
Washington District Office
Division of Coastal M8n8gement
943 Washington Square Medl
Washington, NC 27389
phone: [phone]
Morehead City pistrict Office
Division of Coastal Management,
151-8 Highway 24
Morehead City, NC 28557
phone: 252'808.2808
"General" Variance Appli^aton Form, page 4
Version 11 May 2001
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.0'T 29 BUCCANEER SAY SECTION THREE
WENDIVENT FOUR.
SURVEYED FOR
WILLIAM STEVEN GODF'REY
TERRI ELIZABETH MANN
NO. 2 TWP. PAMLICO CO. N. C.
SCALE : I" = 40' AUG. 4 , 1988
SURVEYED BY HERBERT J. Josh NOBLES Jr, RL3 L-2703
200 CAMPEN ROAD BAYBORO NO`
H CAROLINA 28515
VV h /?? - ivtw?,aci r. raa.cy, vuvc?.wi
?0 William G. Ross Jr., Secretary
\0 G North Carolina Department of Environment and Natural Resources
r Gregory J. Thorpe, Ph.D.
Acting Director
.? Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650-Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: . [phone]
Fax #: [phone]
Fax To:
Company:
Number of pages including cover sheet: 7
Notes or special instructions:
Date: + 1S1oz

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N. C. 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)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands

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