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HomeMy WebLinkAbout20021275 Ver 1_COMPLETE FILE_20020806W A T -RQG r D 'N Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality September 13, 2002 DWQ Project #02-1243 Beaufort County Page 1 of 2 William Kenneth Richardson PO Box 8 Penrose, NC 28766 Subject Property: Lot #31, Spring Creek Subdivision, Creek Drive, Aurora, NC 27806 Lower Spring Creek [03-03-07; 29-33-11; SA HOW (High Quality) NSW] 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. Richardson: You have our approval, in accordance with the conditions listed below, to impact approximately 3,358 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 July 30, 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 shall expire when the variance expires on April 11, 2006 unless it is renewed before that time by the EMC. This approval is only valid for the purpose and design that you described in your variance. 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: No impacts shall occur to Zone 1 of the protected riparian buffer. If you determine that clearing within Zone 1 is required to construct the house, then you are required to submit a plan to this office to receive written authorization from the DWQ prior to the conducting any clearing within Zone 1 and will be required to restore any impacted areas. 2. The outside Zone 1 buffer boundary shall be clearly marked with orange fabric fencing (or similar highly visible material) for the areas that have been approved to infringe within Zone 2 of the buffer prior to any land disturbing activities to ensure compliance with 15A NCAC 213.0259. 3. All new stormwater drainage shall be directed to vegetated areas at non-erosive velocities prior to entering the protected riparian buffers as identified within 15A NCAC 2B .0259(5). No new ditching or piping of stormwater through the protected buffers is allowed. 4. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this variance approval. North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/ 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, cc: Chris Machle, Tidewater Real Estate, Inc., PO Box 340, Oriental, NC 28571 Deborah Sawyer, DWQ Washington Regional Office Terry Moore, DCM Washington Regional Office File copy Central Files DWO021243 September 13, 2002 bz Tidewater Real Estate Inc: f- n. Post Office Box 340 ?? Goa } Oriental, North Carolina 28571 A 6 ~ ,W (252) 249-9800 Toll Free (866) 249-9800 Fax (252) 249-9988 www.tidewater-real-estate.com f 12IPZ .?J 0// 1 Wj'? i4 A?l O-/W 1 Tidewater Chris Machle Owner/Broker REAL ESTAUE, IN TC. Phone(252)249-9800 Toll Free: (866) 249-9800 4.55 Home: (252) 249-1743 P.O. Box 340 Mobile: (252) 514-8698 Oriental, NC 28571 Fax: (252) 249-9988 Email: chris®tidewater-real-estate.com ?W e- OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality "General" Major Variance Application Form - From the Neuse and Tar Pamlico Riparian Buffer Protection Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area Management Act (As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001) Please identify which Riparian Area Protection Rule applies. o Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233) Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0259) NOTE. To constitute a complete application, all of the information requested in this form must be provided. Incomplete applications will be returned to the applicant The original and two copies of the completed "General" Variance Application Form and any attachments must be sent to the DWQ 4011Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete submittal. This form may be photocopied for use as an original. Part 1: General Information (Please include attachments if the room provided is insufficient) 1. Ap li ant's ?ayne (the cog?oration, individual, etc. who owns the property): 2: Print Owner/Signin icial (p on le all responsible for the property and its compliance) Name: I,iium ?? 1r?h4rli _ - - Title: Street address: TX) bOk City, State, Zip: 7enr-05e-, 1,3, C --kg-7 'Lo LP Telephone: Fax: 3. Contact person Name: Telephone: Fax: Email: "General" Variance Application Form Version 1: May 2001 I ? vq -620 t: WER V x ho can,answer questions about"the proposed project: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): I.IAl I-.-- I/- .- _ .,.i_1 'D '...J-_._ Ii_.,_:.i - + f __L -Ii 4.._,. /'-- , I, . J_J ,e.i. 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: 6.. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the portion of the USGS tonnoranhic man indicatinn the Iocation of the sitar 7. Stream to be impacted by the proposed activity: Stream, name (for unnamed streams label as "UT" to the nearest named stream): Stream classificatidn [as4dentified within the'Schedule of Classifications 15A NCAC 2B .0315 (Neese) or .0316 (Tar-Pamlico)]: -! s fi Wl4 T E(? i 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: V Date received: Permit Type: CAMA Major Y1 CAMA Minor _ 401 Certification/404 Permit ` On-site Wastewater Permit Active Connection to Sanitary Sewer System NPDES Permit (including stormwater) Non-discharge Permit Water Supply Watershed Variance Others (specify) Part 2: Proposed Activity (Please include attachments if the room provided is insufficient) 1. 2. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers: 'k /VI<SI Uh )+ "General" Variance Application Form, page 2 Version 1: May 2001 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 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, replanting vegetation or enhancement of existing vegetation, etc.): 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this (3) If economic hardship is the major consideration, then include a specific explanation of the economic hardshi s and the pprroportion of the hardship to the entire value o th? projects n 'n vp n _ n ?lr? r n P ron enrinlil,o ? t1-OPm,Pn nod- ?rrVti?Si bl?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 (ind Mailing address: City, State, Zip: Telephone: "General" Variance Application Form, page 3 Version 1: May 2001 (2) How these difficulties or hardships result from conditions that are unique to the property Fax: (a501) agq_q Email: C14R IS n -F I DE Part 5: Applicant's Certification t205 ela _ (print or type name of person .4 M listed in Part I, Item 2), certify that the information included on this permit application form is correct, that the project will constructed in co rmance with the approved plans and that the deed restrictions in acco ce with Pa s form will be recorded with all required permit conditions. 1 ?---7 Signature: Date: Title: NC Division of Water Quality (DWQ) 401 Wetlands Certification Unit 2321. Crabtree Blvd. (LOCATION) 1650 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27699-1650 (919) 733-9726 (phone) http://h2o.enr.state.nc. us/ncwetiand s/ RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 General Number. (919) 876-8441 hftp://www.saw.usace.army.mil/watiand.s/regtour.htm WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27889-1000 General Number: (252) 975-1616 hftp;/Avww.s6w.usace.army.mil/+wetiands/regtour.htm If Washington District Office Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 phone: 252/946-6481 Morehead City District Office Division of Coastal Management 151-B Highway 24 Morehead City, NC 28557 phone: 252/808-2808 "General" Variance Application Form, page 4 Version 1: May 2001 1 A• Y. it Ir?•, 'u ,.-.? z11 I?'• ! .,??rt? •4M ?. t It tatr •?, -cn i ,C°! 1 ?:1"?r j, •\ F. ,u lap :i41! d., ? ?,., ? ? ! t ? :f•, • ^\ CC b ? m / :1 ?o ro { C`,,Oq ti. ?. r branding Cnct ;*tj;iact?:?? g9 W 3 ? a?/q? ?? (/yam 4 .-IP.. ) '? tI t t,t(??S 41 -A r1 'a 17?' , • ? ' I? •? 111 ? ?,? .??7? ,r% „?3 ?" 1 Creek a r. _-...4 A ? ..levy ? -. ?•J-,///5,,1,}`',D?? 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