20021050 Ver 1_COMPLETE FILE_20020621

Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Date: November 25, 2002
Kear & Cutler Builders (Applicant)
Attn: Mr. Rhys G. Kear
404S * Elm Street
Greenville, NC 27858
DWQ Project No. 02-1050
County: Pitt
Page 1 of 2
Subject Property: Lot # 201 & 202, Brook Valley Subdivision, Banbury Circle, Greenville, NC
UT to Meeting House Branch [03-03-05, 28-97-1, C NSW]
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Tar-Pamlico River
Buffer Protection Rules (15A NCAC 2B .0259) with ADDITIONAL CONDITIONS
Dear Mr. Kear:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 52 feet of streams and 2,913.2 square feet (ft) of protected riparian buffers for the purpose of
constructing the shared driveway, as described within your application dated November 11, 2002. After reviewing your
application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water
Quality Certification Number(s) 3362. The Certification(s) allows you to use Nationwide Permit 39 when issued by the
US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts
to the protected riparian buffers per 15A NCAC 2B .0259. In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control. Also, this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the Generaf Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner must
be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
• Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A
NCAC 2B.0259(5). Otherwise an approved stormwater device which removes nitrogen from runoff will be required.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
you may ask for an 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, which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings; P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 150B.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands
Page 2
As you requested within your letter dated November 15, 2002, the DWQ has withdrawn your request for a Minor
Variance to impact the riparian buffers to construct a home on Lot # 201. It is the understanding of the DWQ that you
intend on building a home on this lot without impacting the buffers.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar-
Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Alan W. Klimek, P.E.,
NC DWQ, Director
Attachments: Certificate of Completion
GC 3362
Cc: USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
DWQ # 02-1050.
Date: November 25, 2002
O?O? W AT ?9QG
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' ns 91 Noss, 1,5
William G. Se? G
Dep
artment of Environment and Natura
•
Alan W. Klimek, P.E., 1recto
Division of Water Qu?4$y n
Date: November 21, 2002
DWQ Project No. 02-10517
County: Pitt
Page 1 of
Kear & Cutler Builders (Applicant)
Attn: Mr. Rhys G. Kear
404 S. Elm Street p
Greenville, NC 27858
Subject Property: Lot # 201 & 202, Brook Valley Subdivision, Greenville, NC C
UT to Meeting House Branch [03-03-05, 28-97-1, C NSW] p? ?(
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the Tar-Pamlico River ?C
Buffer Protection Rules (15A NCAC 2B .0259) with ADDITIONAL CONDITIONS
Dear Mr. Kear:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 52 feet of streams and 2,913.2 square feet (ft) of protected riparian buffers for the purpose of
constructing the shared driveway, as described within your application dated November 11, 2002. After reviewing your •Q
application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water . • 7?
Quality Certification Number(s) 3362. The Certification(s) allows you to use Nationwide Permit 39 when issued by the c.
US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts
to the protected riparian buffers per 15A NCAC 213.0259. In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control. Also, this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification. c--
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner must
be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions: 3$f IMUJ C??Qs 11 CQ U
• Diffuse Flow n?tndv?s trt t l" l1 &
An additional condition is at all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffe and will not re-concentrate before discharging into the stream as identified within 15A
NCAC 2B.0259(5).
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts)
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask f r e?
a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Off' e
of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are fi I
and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buf r impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as pr vided in
Articles 3 and 4 of G.S. 150B.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT a
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) L .1 Cf
919-733-1786 (phone), 919-733-6893 (fax), http://h2,o,.enr.state.nc.us/ncwetiands /
t??l 1I 1CNv? ?? ?11 V , i A n D 0?
-?o? 4... Page 2 of 2
r, yy?As ou requested within your letter dated November 15, 2002, the DWQ has withdrawn your request for a Minor
e Varrance to impact the riparian buffers to construct a home on Lot # 201. It is the understanding of the DWQ that you
rintend on building a home on this lot without impacting the buffers.
"This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar-
Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions, please
" telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
zr ??,,y
`b Sincerely,
.?
Alan W. Klimek, P.E.,
w NC DWQ, Director
.'Attachments: Certificate of Completion
GC 3362
4 . Cc: USACE Washington Regulatory Field Office
v'-- DWQ Washington Regional Office
sr ,, File Copy
YY Central Files
' • `::; DWQ # 02-1050
Date: November 21, 2002
,. J r

KEAK CUTLER
BUILDERS
November 15, 2002
W ?110N
Mr. Bob Zarzecki
Wetlands/401 Unit, DWQ
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604-2260
Re: -DWQ # 02-1450
Request for Minor Variance
Lot #201 Brook Valley Subdivision
Dear Mr. Zarzecki:
On April 25, 2002,, we submitted a Request for a Minor Variance for the referenced lot.
Pursuant to your conversation with Mr. James Taylor of Mitchell & Associates, Inc., we
are withdrawing that request.
We intend to construct a dwelling that will not extend beyond the footprint reflected on
the enclosed survey; neither the footprint nor any dwelling impacts will encroach into the
riparian buffer.
I would appreciate your taking the appropriate action to withdraw our request and certify `
the parcel as eligible for development. In addition, I would appreciate your approval of
the 401 Certification relative to the driveway serving this property, received by your office
on November 13, `02.
If there are any questions, please feel free to contact me at 252.714.5605 or James
Taylor at252.756.4458. Thank you for your assistance in this matter.
i ely
Kear,
Pre ident
404 `j. E_lm jtreet Greenville, N.C. 27858 252-754-2066 Fax [phone]
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'C MB 14. PG 71 AND 71-A
R= 50.00'
p = 55059'27" NOTE:
L= 48.86' ORIGINAL MAP FOR RECORD
CH=-N37°13'24"W RECORDED IN MAP BOOK 14,
46.94' PAGES 71 AND 71-A DOES
? NOT CLOSE.
LEGEND:
J EIP= EXISTING IRON PIPE
NIS= NEW IRON STAKE
NPS= NO POINT SET
I, HOWARD 0. BARNUM, CERTIFY
THAT THIS MAP IS OF A SURVEY
OF AN EXISTING PARCEL OF LAND
AND DOES NOT CREATE A NEW
STREET OR CHANGE AN EXISTING
STR ET.
I, HOWARD 0. BARNUM HEREBY CERTIFY
THAT THIS MAP WAS DRAWN UNDER MY
DIRECTION AND SUPERVISION FROM AN ACTUAL
SURVEY MADE UuNy? DIRECTION AND
SUPERVISION •?jjAT I 0 OF PRECISION
AS CALCULIL S AND DEPARTURES
IS 1 : _1 ?+COF ?.L?.9 •.
WITNESS EAY $? N S?fL IHIS
, DAY O.• 0 .
HOWARD 0. B7MMM", PLS L-3634
S-436-2 LS438L201WET.dgn DRAWING NO.:
/ T F A
RW- RIGH -O -WY
MBL= MINIMUM BUILDING
LINE
R= RADIUS
L= LENGTH
CH= CHORD
PARCEL NO. 02566
PROPOSED HOUSE LOCATION
KEAR AND CUTLER BUILDERS, INC.
LOT 201, BROOK VALLEY
SUBDIVISION, SECTION VI
REFERENCE% MAP BOOK 14, PAGES 71 AND 71-A OF THE
PITT COUNTY REGISTRY
GREENVILLE, GREENVILLE TWSP.. PITT COUNTY. NC
DATE: NOV. 13, 2002 SCALE: 1" = 60'
STROUD ENGINEERING, P.A.
107E COMMERCE STREET
1 V?7 GREENVILLE, NC 27858
[phone]
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VICINITY MAP

00 ZONE 2 So PROPOSE
V? ???• " •-'.• iQtp HOUSE LOCA
ZONE 1 9
1200) s_- F
71?BAND 71-A
,?? •z?. RIP RAP
R= 50.00'
,?= 53° 10'47 EIP
PI
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120411
Is HOWARD O. BARNUM, CERTIFY
THAT THIS MAP IS OF A SURVEY
OF AN EXISTING PARCEL OF LAND
AND DOES NOT CREATE A NEW
STREET OR CHANGE AN EXISTING
STR ET.
R/W= RIGHT-OF-WAY
MBL= MINIMUM BUILDING
LINE
R= RADIUS
L= LENGTH
CH= CHORD
PARCEL NO. 02566
I, HOWARD 0. BARNUM HEREBY CERTIFY
THAT THIS MAP WAS DRAWN UNDER MY
DIRECTION AND SUPERVISION FROM AN ACTUAL
SURVEY MADE U???+Yi DIRECT ION AND
SUPERVISION???` {$jATI0 OF PRECISION
AS CALCULa` AND DEPARTURES
IS 1 : 1 F: Otiy ;
WITNESS
15 DAY
HOWARD 0.
-438-2 LS438L201WET.
HIS
19- PLS L-3634
DRAWING NO.:
PROPOSED HOUSE LOCATION

KEAR AND CUTLER BUILDERS, INC. I
LOT 201, BROOK VALLEY
SUBDIVISION, SECTION VI
REFERENCE: MAP BOOK 14. PAGES 71 AND 71-A OF THE
PITT COUNTY REGISTRY
GREENVILLE, GREENVILLE TWSP., PITT COUNTY, NC
DATE: NOV. 13, 2002 SCALE: 1" = 60'
STROUD ENGINEERING, P.A.
107B COMMERCE STREET
GREENVILLE, NC 27858
[phone]
" ' ,• ?____,_
L= 46.41 Ps
CH= S88°11'19"W
44. 76' 52LF OF PI
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asv?`•\? 0.8343 AC w
•*-.TOTAL AREA OF_50_ RIPARIAN BUFFF,Fti? _
Z
DISTRUBANCE = ZONE 2 I"
2913.2 SO FT
(INCLUDING ........_ ...............• ui
\ 283.3 SO FT IN R/W) ZONE 1 I
RIP RAP
`lNYIg IF- -_?__ EX. DITCH • _ ?? -•-I
3"W - 117.28' II
S80° 4514 H* N85° 10' 17;'w •Etg 04 ' 4
45.22 i 78. 79
1203
-'C MB 149 PG 71 AND 71-A
R= 50.00'
- A = 55°59'27" NOTE:
L= 48.86' ORIGINAL MAP FOR RECORD
CH= N37°13'24"W RECORDED IN MAP BOOK 14,
46.94' PAGES 71 AND 71-A DOES
? NOT CLOSE.
\ LEGEND:
EIP= EXISTING IRON PIPE
NIS= NEW IRON STAKE
NPS= NO POINT SET
Mitchell & Associates, Inc.
ENVIRONMENTAL CONSULTANTS
3973 B Market Street • Wilmington, North Carolina 28403 • 910.254.0602 • Fax: [phone]
[e-mail]
November 8, 2002
Mr. Bob Zarzecki
Wewtlands/401
2321 Crabtree Blve., SUIte 250
Raleigh, North Carolina 27604-2260
NOV 13 2M2
Dear Mr. Zarzecki:
This letter is in reference to DWQ # 02-1050 located in Brook Valley S/D, Greenville, Pitt
County, North Carolina. With this letter and enclosed documents, Kear & Cutler Builders
applies for the 401 Certrification for the driveway in order to cross the approximately 52
linear feet of stream in order to access high ground and two residential lots (one currently
sold and whose owners are requesting the federal and state authorization).
Kear & Cutler Builders requests written concurrence regarding the river buffer impacts for
the driveway since it exceeds 2,500 sq. ft.. Although allowed under the rules without
mitigation, the driveway will require DWQ's written conc?ce.
i
In addition, the PCN provides information for DWQ to W4, tho 401 Certifi cation for the
driveway. As mentioned, Mr. William Westcott of the Coro of Engineers has been
contacted, and a he should be mailing the approved 404 permit upon his return to the
office (he is now out for one week for continued training, etc.).
Thank you for your time and assistance with this matter. Please contact me at
910.443.5266 with any questions or comments regarding this request for Certification.
Sinc el ,
J e aylor
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
El Section 404 Permit El Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
0 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name:
Kear & Cutler Builders
Mailing Address:
404 S. Elm Street
Greenville, North Carolina. 27858
Telephone Number: 252.754.2066 Fax Number: 252.754.8024
E-mail Address:
Page I of 9
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: Mitchell & Associates, Inc.
Mailing Address: 3973 B Market Street
Wilmington, North Carolina 29403
Telephone Number: 910.443.5266 Fax Number: 910.254.0603
E-mail Address: jtaylorkpocosin.com
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings
rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small
scale such that the final version is illegible, the applicant will be informed that the project has been
placed on hold until decipherable maps are provided.
1. Name of project: Banbury Circle Site
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Pitt
Nearest Town: Greenville
Subdivision name (include phase/lot number): Brook Valley
Directions to site (include road numbers, landmarks, etc.): Turn East on 14' Street from
Greenville Blvd and turn left on York Road (S.R. 1706). Turn left on Oxford Road (S.R.
1807). Take the first right on Kink George Road (S.R. 1808) and then take the first left on
Banbury Circle.
Page 2 of 9
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 0.4946 ± acres for lot 201.
7. Nearest body of water (stream/river/sound/ocean/lake): Meeting House Branch
8. River Basin: Tar-Pamlico
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The project site is in a subdivision called Brook Valley that has a golf course and numerous
single-family dwellings.
10. Describe the overall project in detail, including the type of equipment to be used:
The project will involve building a driveway in order to access two residential lots. Heavy
equipment will be used to place a culvert in a waterway and cover it with clean earthen fill
material. Rip rap will be placed alongside the driveway to prevent erosion and sedimentation.
The culvert will impact 52f linear feet of the waterway, and the driveway will impact
approximately two-thousand six hundred and twenty-nine square feet (2,629.90 f square feet)
of the Tar-Pamlicao River Buffer. No wetlands will be impacted as part of the project.
11. Explain the purpose of the proposed work:
The project's purpose is to install a driveway to acces two residential lots.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include the
USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
Page 3 of 9
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Yes, as discussed with Mr. John Dorney and Mr. Bob Zarezecki, Kear & Cutler Builders may
apply for a minor variance to the Tar-Pamlico River Buffer Rules to build a single-family
residence on lot 201 in Brook Valley S/D, Greenville, Pitt County, North Carolina.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be included
at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation,
list and describe the impact in Section VIII below. If additional space is needed for listing or
description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The proiect will involve placing a culvert into the drainageway that will impact
52 f linear feet of an unnamed tributary to Meeting House Branch. In addition,
the driveway will impact approximately two-thousand six-hundred and twenty-nine
square feet (2,629.90 ± square feet) of the Tar-Pamlicao River Buffer.
2. Individually list wetland impacts below: N/A. No wetlands will be impacted.
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within **
100-year Floodplain
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading,
fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
Page 4 of 9
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,
or online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A.
Total area of wetland impact proposed: None.
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Type of Length of
* Average Width of Perennial or
Site Number
Impact* Impact Stream Name
*
Stream Before Intermittent?
(indicate on map) (linear feet)
Impact (please specify)
Drivway Culvert Culvert 52f UT of Meeting House Branch 1 foot Intermittent

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.MMuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Approximately 52 feet.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below:
Open Water Area of Type of Waterbody
Impact *
Type of Impact Impact Name of Waterbody lake, pond, estuary, sound,
Site Number (acres) (if applicable) bay, ocean, etc.)
indicate on ma

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should be
described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-
down valve or spillway, etc.):
Page 5 of 9
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
In order to access the residential lots, the Unnamed tributary of Meeting House Branch must be
crossed. The current rules allow for impacts to streams and river buffer for this type of project.
Kear & Cutler Builders proposes to use a single driveway to access two single-family residences
rather than obtrain permits for two driveways. A single driveway avoids approximately two-
thousand sgare feet of additional impact to the River Buffer and avoids approximately fifteen 05)
linear feet of additional stream impacts.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division
of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater
wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
hilp://h2o.enr.state.nc.us/ncwetlands/stringide.html.
I . Provide a brief description of the proposed mitigation plan. The description should provide as
much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A.
Page 6 of 9
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior to
submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A.
Amount of buffer mitigation requested (square feet): N/A.
Amount of Riparian wetland mitigation requested (acres): N/A.
Amount of Non-riparian wetland mitigation requested (acres): N/A.
Amount of Coastal wetland mitigation requested (acres): N/A.
I. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No Fxl
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note:
If you are not sure whether a NEPA/SEPA document is required, can the SEPA coordinator at
[phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 7 of 9
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse),
15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply
Buffer Requirements), or other (please identify )?
Yes 0 No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone* Impact
(square feet)
Multiplier Required
Mitigation
1 930.30 3 N/A
2 1,699.60 1.5 N/A
Total 2,629.90 N/A N/A
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Under 15A NCAC 02B .0259(6) a driveway impating more than 2,500 square feet is allowed
under the rules and requires no mitigation.
X. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The impervious surface will be less than 30 % of 0.49± acres-less than 6,400 sq. ft. of
impervious surface.
XI. Sewage Disposal (required by DWQ)
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.
The City of Greenville's POTW.
Page 8 of 9
U. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes 0 No ?
Is this an after-the-fast permit application?
Yes El No ?
XII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may choose
to list constraints associated with construction or sequencing that may impose limits on work
schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Thrgakned Species, accessibility problems, or other issues outside of the applicant's control).
V l(. ((. O 'L---
'?r? if &t e-
ppli cant Agent's Sgnature Date
l f N
Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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SUBDIVISION, SECTION VI
REFERENCE: MAP BOOK 14. PAGES 71 AND 71-A OF THE
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GREENVILLE, GREENVILLE TWSP., PITT COUNTY. NC
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KEAR AND CUTLER BUILDERS, INC.
LOTS 201 AND 202, BROOK VALLEY
SUBDIVISION, SECTION VI
REFERENCE: MAP BOOK 14, PAGES 71 AND 71-A OF THE
PITT COUNTY REGISTRY
GREENVILLE, GREENVILLE TWSP., PITT COUNTY, NC
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Mitchell & Associates, Inc.
ENVIRONMENTAL CONSULTANTS
3973 B Market Street - Wilmington, North Carolina 28403 - 910.254.0602 • Fax: [phone]
[e-mail]
September 10, 2002
Mr. Bob Zarzecki
WETLANDS/401
Parkview Building, MSC 1650
Raleigh, North Carolina 27699
Dear Mr. Zarzecki:
This letter is in reference to DWQ # 02-1050 located in Brook Valley S/D, Greenville, Pitt
County, North Carolina. In a letter dated 16 August 2002, Mr. John Dorney requested
three additional areas of information before Kear & Cutler Builders variance application
could be processed. I would like to proceed in a linear manner and address each concern
separately. Therefore, I am writing to provide you with information requested in his 16,
August 2002 letter regarding item #1, Construction of the "driveway" prior to receiving
written authorization from DWQ.
1. Driveway and River Buffer Regulations
My client proposes to use the current, installed linear crossing to serve both Lots 201 and
202 rather than install two driveways that meet the requirements under 15A NCAC 02B
.0259(6) Table of Uses as Exempt:
Driveway crossings of streams and other surface waters subject to this Rule:
• Driveway crossings on single family residential lots that disturb equal to or less
than 25 linear feet or 2,500 square feet of riparian buffer.
Rather than disturb 5,000 square feet, my client attempted to limit access to both Lots 201
and 202 using one linear crossing that will likely disturb less than 3,500 square feet.
Allowing 5,000 square feet of impact for two driveways to be exempt from the Buffer
Rules while requiring additional work for less impacts is not in the spirit of the rules.
However, in the spirit of negotiation, my client will show that "no practical alternatives"
exist to the proposed single linear crossing as described in 15A NCAC 02B .0259 (8).
1. The basic project purpose cannot be practically accomplished in a manner that would
better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
As described above, Kear & Cutler Builders proposes to provide a single linear crossing to
access Lot 201 and Lot 202 in the Brook Valley subdivision located in Greenville, Pitt
County, North Carolina (See Map 1). Rather than disturb 5,000 square feet building two
driveways that would be "exempt' 'under the buffer rules, my client is proposing to limit
the distufboice to less than 5,000 square feet. As a single linear crossing would disturb no
more than 5;'t9 Q;sggare feet, two driveways (each disturbing 2,500 square feet for a total
di l of 0`O square feet) would not "better minimize disturbance, preserve aquatic
lif d h aril oct water quality."
2. an prp tichlly be reduced in size or density, reconfigured or redesigned to
beta" - z , isturbance, preserve aquatic life and habitat, and protect water quality.
As describe Bove, the linear crossing is proposed to provide access both Lot 201 and
Lot 202. As such, two vehicles may be required to access the linear crossing at the same
time-just as two driveways could allow access to each lot at the same moment in time.
Therefore, the single linear crossing can not be reduced in size and provide the same
access provided by two driveways.
3. Best management practices shall be used if necessary to minimize disturbance, preserve
aquatic life and habitat, and protect water quality.
My clients will minimize impacts and disturbances to the remaining buffer and the
waterbody through the use of acceptable engineering practices. My client has no
objections in using best management practices if required to "minimize disturbance,
preserve aquatic life and habitat, and protect water quality."
Summary
Kear & Cutler Builders request written authorization to construct and maintain their
proposed single linear crossing as being in compliance and allowed, without mitigation,
under the buffer rules. This authorization will be used to obtain any other 404/401
permits, if such permits are required for the activity. The Corps of Engineers have been
contacted, and a permit application is being prepared in the event the Corps wishes to
exert jurisdiction over the waterbody.
Thank you for your time and assistance with this matter. Please contact me at
252.756.0682 (office) or 910.443.5266 (mobile) with any questions or comments
regarding this request for Certification.
Sincerely,
J aylor
o Map 1: Kear & Cutler Builder Site
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Request for an Authorization Certificate under the River Buffer Regulations
1. APPLICANT'S NAME 4. AUTHORIZED AGENT'S NAME AND TITLE
Kear & Cutler Builders James Taylor
2. APPLICANT'S ADDRESS 5. AGENT'S ADDRESS
404 S. Elm Street 3315 Edwards Court
Greenville, North Carolina 27858 Greenville, North Carolina 27858
3. APPLICANT'S PHONE NUMBERS W/AREA CODE 6. AGENT'S PHONE NUMBER W /AREA CODE
a. Residence a. Residence 252.756.0682
b. Business 252.754.2066 b. Business 252.756.0682
7. Authorization for Agent
I hereby authorize to act in behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support ofthis permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
8. PROJECT NAME OR TITLE (see instructions)
Banbury Circle Driveway
9. NAME OF WATERBODY, IF KNOWN (if applicable) 11. PROJECT STREET ADDRESS (if applicable)
Unnamed tributary of Meeting House Branch N/A
10. LOCATION OF PROJECT
Pitt North Carolina
COUNTY STATE
12. DIRECTIONS TO THE SITE
West on 264 if coming from west of Greenville. Turn left on 141° Street. Follow 14' Street and turn left on York Road (S.R. 1706).
Follow York Road for approximately 0.5 miles and turn left on Oxford Road (S.R. 1807). Take the first right on Kink George Road
(S.R. 1808) and then take the fast left on Banbury Circle.
13. Nature of Activity (Description of Project, include all features)
The project involves a linear transportation crossing (a driveway) through the river buffer.
14. PROJECT PURPOSE (Describe the reason or purpose ofthe project, see instructions)
Driveway that crosses a stream in order to access private residences.
15. REASON(S) FOR DISCHARGE
To create the driveway.
Request for an Authorization Certificate under the River Buffer Regulations
(continued)
16. Nature of Activity (Description of Project, include all features)
The project involves a linear transportation crossing (a driveway) through the river buffer.
178. SURFACE AREA IN ACRES OF RIVER BUFFER DISTURBED
Equal to or less than 5,000 square feet.
18. IS ANY PORTION OF THE WORK ALREADY COMPLETE? IF YES DESCRIBE THE COMPLETED WORK
Yes, the linear transportation crossing (a driveway) has been completed
19. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information
in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am
acting as the duly authorized agent ofthe applicant.
Pig??-e of Agent Date
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
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Sep-10-02 07s43A James Taylar 252 756 0682 P_01
Mitchell Associates, Inc.
ENVIRONMENTAL CONSULTANTS
3973 B Market Sweet • Witmutgton, N.C. 2K40.3 . 910.254.0602 • Fax: 910,254,0603
mi1che11@nt1tcM1-assoc aW.cm-g
Date: September 10, 2002
To: John Dorney
Of NC Division of Water Quality
From: James Taylor q' R 733, & ZT3
Note:
Mr. Dorney:
Mr. Kear called me out to his project on Friday (6 September 2002) to review his project for
River Buffer Compliance and 404/401 Consultation.
He has retained me to advise and assist him in obtaining all require permitting and compliance
issues regarding his projects located in Brook Valley SID (DWQ Project # 02-1050).
With this fax, I request an extension on the time requested in your letter dated 16 August 2002.
Mr. Kean is in the process of
1. Obtaining the River Buffer permitting, if required, for his project;
-91
2. Obtaining a 404/401 permit for the linear transportation crossing; and
3. Compiling information requested in the letter.
Kear & Cutler Builders will be obtaining all required permitting for the project.
Thank you for your time and assistance with this matter.
Sin ely,
aylor
Re: Project PRRT-010-02
Subject: Re: Project PRRT-010-02
Date: Tue, 10 Sep 2002 12:09:13 -0400
From: Bob Zarzecki <bob.zarzecki @ncmail.net>
Organization: Division of Water Quality; 401 Certification Unit
To: James Taylor <[e-mail]>
James:
You're welcome, Let me know if there is anything else you need.
- Bob
James Taylor wrote:
> Bob_:
> Apologies for the previous email. Don't ask me why, but MY ISP was sending
> me copies of everything I sent out. The problem is fixed.
> I. appreciate your quick reply. Mr. Dorney and I did not discuss any
> details about the project, he just requested a fax indicating I was
> documenting the information DWQ requested so that the variance request
> would not be denied/withdrawn.
> I am currently putting together a package on the crossing and on the
> variance request. I will forward copies of the surveys and information to
> you as soon as I get them from the surveyor.
> Again, thank you for your time and assistance for this matter.
> Sincerely,
> James
> At. 11;58 AM 911012002 -0400, you wrote:
> >James:
> >.T: spoke to Paula this morning and was planning to call you back as soon as I
> >got a chance. Paula did not complete a Stream Classification Form for the
> >stream in question. We are not required to do so by the Rule and therefore
> >usually don't in cases of streams that appear to be "clear-cut" in a effort to
> >save staff time. My supervisor (Mr. John Dorney) comp.i.eted a form on the
> >section of the stream in the far upstream corner of the property adjacent to
> >the neighbors property and determined that it was at least intermittent at
> > t: f. a t:
> >point (upstream from the driveway crossing), No will not be requiring
> >mitigation for the driveway crossing since the impacts are below 150 feet of
> >stream and buffer. However, buffer mitigation will be required under the
> >Mi.nor.
> >Variance if approved for the proposed house. I believe that Mr. Dorney spoke
> >to you about this and stormwater control (infiltration trench/level spreader,
> >bioretentionlraingarden, or pocket stormwater wetland). You will need to
> >pr_ovide answers to the questions in our letter to the applicant and
> >address the
> >mi tigation and stormwater control. Given the age of the lot we will not
> >pre,rent the development of a home on the lot, but we need to ensure that it
> >complies with the rule.
> >- Bob
> >James Taylor wrote:
> > > Bob:
> > >'I am following up on an e-mail to Paula Moon-Butzin regarding the HCDN
1 of 2 Al 412
?'
Re: Project PRRT-010-02
> > > Stream Classification Form the D6,7Q used to classify the waterway on the
> > > project site. I would Like to have a copy for my f1..Zes (the client did not
> > > have a copy),
> > > I would also like to discuss the project with you to determine what the DWQ
> > > wants from my client and to quickly facilitate the approval of his project
> > > since:
> > > 1. Such projects are routinely approved under the rules (under a
> > > worse-case scenario, the project will require some mitigation); and
> > > 2. Future work on site :dust wait for the DWQ approval.
> > > I appreciate your assistance with this matter.
> > > Sincerely,
> > > James Taylor
> > > if you have received this confidential message in error,
> > > please destroy it and any attachments without reading,
> > > printing, copying or forwarding it. I would appreciate you
> > > letting me know of the error immediately so that we can
> > > prevent it from happening again. You may reply directly
> > > to the sender of this message. Thank You.
> if you have received this confidential message in error,
> please destroy it and any attachments without reading,
> printing, copying or forwarding it. I would appreciate you
> letting me know of the error immediately so that we can
> prevent it from happening again. You may reply directly
> to the sender of this message. Thank You.
Bob Zarzecki
NC DENR/DWQ 401 Wetlands Certification Unit
919-733-9726
2 of 2 9/10/02 12:09 PM
Re: Project PRRT-010-02
Subject: Re: Project PRRT-010-02
Date: Tue, 10 Sep 2002 11:58:34 -0400
From: Bob Zarzecki <[e-mail]>
Organization: Division of Water Quality; 401 Certification Unit
To: James Taylor <[e-mail]>
CC: John Domey <[e-mail]>
James:
I spoke to Paula this morning and was planning to call you back as soon as I
got a chance. Paula did not complete a Stream Classification Form for the
stream in question. We are not required to do so by the Rule and therefore
usually don't in cases of streams that appear to be "clear-cut" in a effort to
save staff time. My supervisor (Mr. John Dorney) completed a form on the
section of the stream in the far upstream corner of the property adjacent to
the neighbors property and determined that it was at least intermittent at that
point (upstream from the driveway crossing). We will not be requiring
mitigation for the driveway crossing since the impacts are below 150 feet of
stream and buffer. However, buffer mitigation will be required under the Minor
Variance if approved for the proposed house. I believe that Mr. Dorney spoke
to you about this and stormwater control (infiltration trench/level spreader,
bioretention/raingarden, or pocket stormwater wetland). You will need to
provide answers to the questions in our letter to the applicant and address the
mitigation and stormwater control. Given the age of the lot we will not
prevent the development of a home on the lot, but we need to ensure that it
complies with the rule.
- Bob
James Taylor wrote:
> Bob:
> I am following up on an e-r7ail to Paula Moon-Butzin regarding the NCDWQ
> Stream Classification Form the DRIQ used to classify the waterway on the
> project site. I would like to have a copy for my files (the client did not
> have a copy).
> I would also like to discuss the project with you to determine what the DWQ
> wants from my client and to quickly facilitate the approval of his project
> since:
> 1. Such projects are routinely approved under the rules (under a
> worse-case scenario, the project will require some mitigation); and
> ?. Future work on site must wait for the D[YQ approval.
> I appreciate your assistance with this matter.
> Sincerely,
> Tames Taylor
> If you have received this confidential message in error,
> please destroy it and any attachments without reading,
> printing, copying or forwa:rd.ing it. I would appreciate you
> letting me know of the error immediately so that we can
> prevent it from happening again. You may reply directly
> to the sender of this message. Thank You.
1 of 2 9/10/02 11:59 AN
Re: Project PRRT-010-02
Bob Zarzecki
NC DENR/DWQ 401 Wetlands Certification Unit
919-733-9726

2 of 2 9/10/02 11:59 AM
[Fwd: Project # PRRT-010-02]
Subject: [Fwd: Project # PRRT-010-02]
Date: Tue, 10 Sep 2002 11:14:43 -0400
From: Paula Moon-Butzin <Paul a.Moon-Butzin @ncmail.net>
To: Bob Zarzecki <bob.zarzecki @ncmail.net>
------ Original Message --------
Subject: Project # PRRT-010-02
Date: Tue, 10 Sep 2002 09:42:32 -0400
From: James Taylor <<[e-mail]>
To: [e-mail]
Hello:
Thank you for taking the time to talk to me regarding the Kear and Cutler
Builders lots in Greenville, North Carolina.
I was hoping to get a copy of the NCDWQ Stream Classification Form for the
waterway on the property. You could send it via fax [phone]), by
e-mail, or by regular mail (3315 Edwards Court / Greenville, NC 27858).
Thank you for your time and assistance with this project.
Sincerely,
James Taylor
If you have received this confidential message in error,
please destroy it and any attachments without reading,
printing, copying or forwarding it. I would appreciate you
letting me know of the error immediately so that we can
prevent it from happening again. You may reply directly
to the sender of this message. Thank You.
1 of 1 9/10/02 11:49 AM
?0? W AT,g4
co
r_
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
0 `C Alan W. Klimek, PE, Director
Division of Water Quality
August 16, 2002
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
DWQ # 02-1050
Pitt County
Page 1 of 2
Kear & Cutler Builders, Inc.
Attn: Rhys G. Kear
404 South Elm Street
Greenville, NC 27858
Subject Property: Lot 201, Brook Valley S/D, Section VI, 117 Banbury Circle, Greenville, NC 27858
Tributary to Meeting House Branch [03-03-05, 28-97-1, C NSW (Nutrient Sensitive)]
Dear Mr. Kear:
On June 21, 2002, the Division of Water Quality (DWQ) received your request for a Minor Variance from the Tar-Pamlico
Buffer Rules (15A NCAC 213.0259). On July 25, 2002, the DWQ conducted an on-site stream determination on a property
adjacent to the subject property. While conducting this on-site determination, DWQ staff discovered that the driveway
identified within you variance request had already been installed. The "variance map" provided within your variance
request indicates that twenty (20) feet of clearing within Zone 1 and 40 If of 30" RCP will occur associated with the
construction of the driveway. DWQ observed forty (40) feet of clearing within Zone 1 and 50 feet of pipe.
Additional information will be required before we can proceed with your variance review. Therefore, unless additional
information is provided as described below, we will have to move toward denial of your request per 15A NCAC 213.0259
and will place this project on hold as incomplete until we receive this additional information.
Additional Information Requested:
Driveway crossings on single family residential lots that disturb equal to or greater than 25 linear feet or 2,500 square
feet of riparian buffer are classified as "allowable" in the Tar-Pamlico Buffer Rules (15A NCAC 02B .0259(6)).
"Allowable" uses may proceed within the riparian buffer provided that there are no practical alternatives to the requested
use pursuant to Item (8) of the Neuse Buffer Rule. These uses require written authorization from the DWQ. The
installed driveway observed by DWQ staff is classified under this use and therefore would have required authorization
from the DWQ prior to construction. Please provide information as to why the driveway was installed prior to receiving
written authorization from the DWQ. Please provide information as to why the driveway was constructed larger than
what was indicated within your variance request. Please provide information on the area (in square feet) and length (in
feet measured parallel to the original stream location) of disturbance to Zone 1 and 2 of buffer associated with the
driveway crossing.
2. Pipe installation in streams (i.e., Waters of the United States) require the use of a Nationwide Permit (NWP) from the
U.S. Army Corps of Engineers (USACE). When using a Nationwide Permit you must also comply with the associated
required Water Quality Certification (WQC) from the DWQ. Please provide information as to which NWP you have used
to install the pipe. If you have used NWP 39, then the associated required WQC is General WQC3362 (see attached).
Condition No. 2 of WQC3362 requires written concurrence from the DWQ for impacts to streams within the Tar-Pamlico
River Basin for activities not classified as "exempt" under the Buffer Rules. Since the driveway as constructed is not
classified as exempt under the buffer rules you would have had to receive written concurrence from the DWQ prior to
installation. Please provide information as to why you have not obtained this written concurrence prior to installing the
driveway. You may obtain information on Water Quality Certifications and the process to obtain written concurrence
from our web site at http://h2o.enr.state.nc.us/ncwetlands/basic401.htmi, Please submit the required copies of the Pre-
Construction Notification (PCN) Application Form (see attached) to this office with the appropriate fee for the driveway
impacts and use of WQC3362. Please be sure to identify the project no. above (DWQ 02-1050) on your PCN
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
application. You may want to contact the USACE at the Washington Regulatory Field Office, [phone] for more
information on Nationwide Permits.
3. In your variance request you stated that the driveway will be "unpaved". While on site, DWQ staff observed gravel and
sediment washing off the driveway and into the stream. This is a violation of the NC Water Quality Standards (15A
NCAC 02B .0200). In addition, the Tar-Pamlico Buffer Rule requires that diffuse flow of new stormwater runoff is
maintained prior to entering and through the riparian buffers at non-erosive velocities. Please provide additional
information as to how you plan to prevent current and future gravel and sediment from entering the stream and diffuse
flow of all stormwater runoff. Please note that the DWQ is not opposed to the paving of the driveway if it will prevent
gravel and sediment from entering the stream as long as you can still provide diffuse flow of all runoff.
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 writing within
three weeks, we will assume that you no longer want to pursue your variance request and we will consider the request as
withdrawn. Please note that by copy of this letter we are notifying the DWQ Washington Regional Office of the
unauthorized stream and buffer impacts and will recommend that they proceed with an enforcement action if we do not
receive the information requested above within three weeks. Please call Mr. Bob Zarzecki of this office at [phone] if
you have any questions.
Attachments: PCN Form
W QC3362
cc: Deborah Sawyer, Washington Regional Office
Paula Moon-Butzin, Washington Regional Office, TPRT
USACE Washington Regulatory Field Office
File copy
Central Files
DWQ 021050
August 16, 2002
bz
Sincerely,
1, -1
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2 946 5276 04/15 '02 09:39 N0.069 01/03
04ed ) {p Request >tt
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3t Form - for Mil or V s '
? ms`s
ice of Riparian Areas Rules Q
-40copied for use as an oronal.
Please identify which Riparian Area Protection Rule applies.

o Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
o Tar-Pamlico Rarer 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. Appb' nt's name,( a corpo'ati , individual, etc. who owns the property):
Kean L'vtl? r'??, ?e T. Lv, < . -
Print Owner/Signing
Name:
Tale.
Street address: _
City, State, Zip:
Telephone:
Fax:
responsible for the property and its compliance)
out the proposed project:
3. Contact person wh7EM
Name: Telephone: Fax: rz ) -?fit- b'a'Lq
Email* rc ,e A A i _ /-:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, spfcifi s, letters. olwation and mainte?iance agreements, etc.):
I. a t _7&'vLi "T,, e__
5- Project Location:
Street address: i 1 ? ri,
City, State, Zip: rc? r?ci &(e..tle-- z- 8sr
County: E t$ -
Version I.- February 2OW
..
TAR/PAM. RESPONSE TM
Latitude/longitude:
1 252 946 5276 04/15 '02 09:39 NO.069 42/03
6. Directions to site from nearest major intersection (Also, attach an 8'/ x t 1 copy of the USGS
topographic map indicating the location of the site).
7. Stream to be impacted by the proposed activity:
Stream nam (for unnamee streams label as "UT" to the nearest named stream):
alt U T'`
Stream classification [as identified within
(Neuse) or .0316 (Tar-Pamlico)]:
8. Which of the following permiWapprovals will be required or have been received already for
this project?
Required: Received: Gate received: Permit Type:
CAMA Major
CAMA Minor
401 Certifeation1404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Wall Shed Variance
_ e Y- Others (specify) v 0• ??.K
X k 3 -Le.4'7i 6? ravew PZr.?:t
Part 2: Proposed Activity
(Please include attachments !f the room provided is insufficient
Description of proposed activity [Also, please attach a map of sufficient detail (such as a pig
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 (anti. Include the area
of buffer impact tit ft?A:
Zt.- ".2 JvtVCH ab?L?tr.ash.,. At
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured/to (better minimize or Q\liminate disturbance to the riparian buffers:
26t- wi ?{ 46- %
c .% i O'G?1t'A4 ou- v rv? i . r-a (i,.art L '6 sr, L... - I I-It-.L -
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 enhancemegnt of existing vegetation, etc.):t
'Zeiut ? :!<9 ?.Qew.1y .rrt k ?( -J w r t t ?ecKaa •- v w.f.s'N.boaQ, l l a.a f 04 t „lc
Var. R A Cep C }w ?oatd (o S ,? Ar?9L,( mss. r-O"' < p? rw e au
squW Form, page 2 0 v- G
Version 1; February 20M ? u 1.0-
uc?a c-a•? rQ ?,?iv? C...??rv?Jt w- nie?SS'
of Classifications 16A NCAC 2!3.0315
TAR/PAM. RESPONSE TM 1 252 946 5276 04/15 '02 09:40 NO.069 03/03
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
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 stotmwater
easements, that the easements will run with the lard, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
wig 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:
Emali:
Part 5• Appli nt's Certification
I, s .9, IkeAV- (print or type name of person listed
in Part 1, Item 2), cerUf&f that the information Included on this permit application form is correct,
that the project will ed in conformance with the approved plans and that the deed
restrictions in w' part 5 of this form will be recorded with all required permit
conditions.
Signature.
d S': 04.-
Date: IAN
Ttle: r ? s•.
Variance Request Form, page 3
Version 1: FWumy 2000
(2) How these difficulties or hardships result from conditions that are unique to the property
(3) If economic hardship is the major consideration, then include a species explanation of the
economic hardships and the propprtion of the, hardship to the entire value of the project.
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NOTE:
ORIGINAL MAP FOR RECORD
RECORDED IN MAP BOOK 14.
PAGES 71 AND 71-A DOES
NOT CLOSE.
El
BROOK VALLEY
GOLF COURSE
0
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?
RIPARIAN O ?C 0. 2 ' EIP
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MB 14. PG
71 AND 71
ER _ ? ? 8
Dow rJ\? ZONE `2
?- l
ZONE 1
? 662 SF -
VAQ?
R= 50.00'
,L= 53° 10' 47" EIP
L= 46.41' PS
CH= S88°11'19"W
44.76'
g? C?vEO ??-_
0 O l60 '?-
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1
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I
THAT THIS MAP IS OF A SURVEY
OF AN EXISTING PARCEL OF LAND
AND DOES NOT CREATE A NEW
STREET OR CHANGE AN EXISTING
STREET.
El

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SITE
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IP
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P° a oRvo sroRy S24° 5 99 2/2' z
ys °`?f (CALCULATE
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Q MINIMUM 25TO BE 'ACCESS 50' RIPARIAN BUFFER i
GRANTEDTBY DEED _ Iz
\ PROPOSED 40LF 0 2 OF OF 30 RCP WITH
2 FES 11 W
0.8343 AC
DITCH _
Is ° 45' A3"W N85° 10' 17 "y EtP $86904143"W - 117.28
SSOA5.22' 78.79'
i
.-1( MB 141
R= 50.00'
- p = 55°5927"
L= 48.86'
CH= N37°13'24"W
46.94'
I. HOWARD 0. BARNUM. CERTIFY
12031
PG 71 AND 71-A
' l
i
LEGEND:
EIP= EXISTING IRON PIPE
NIS= NEW IRON STAKE
NPS= NO POINT SET
R/W= RIGHT-OF-WAY
MBL= MINIMUM BUILDING
LINE
R= RADIUS
L= LENGTH
CH= CHORD
VARIANCE MAP FOR
1. HOWARD 0. BARNUM . HEREBY CERTIFY
THAT THIS MAP WAS DRAWN UNDER MY
DIRECTION AND ?W iAu?4 ION FROM AN ACTUAL
SURVEY MADE NPf ?rj3ECT I ON AND
< IO OF PRECISION
SUPERVISIO?:' fto
AS CALCULt'f ??L N{11?E? AND DEPARTURES
IS 1 . 1CS00-
a, IrWITNESS M .
AI? ANDSrI?a! i I S
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12 MB.I. _ _
_?-?
KEAR AND CUTLER BUILDERS, INC. I
LOT 201. BROOK VALLEY
SUBDIVISION, SECTION VI
REFERENCE: MAP BOOK 14. PAGES 71 AND 71-A OF THE
PITT COUNTY REGISTRY
GREENVILLE, GREENVILLE TWSP.. PITT COUNTYI NC
DATE: APRIL 24. 2002 SCALE: 1" = 60'
STROUD ENGINEERING, P.A.
HOWARD 0. BARNUM, PLS
LS-438-2 LS438varlance.dgn
L-3634
DRAWING NO.: 003
1078 COMMERCE STREET"
GREENVILLEI NC 27858
[phone]