HomeMy WebLinkAbout20021275 Ver 1_COMPLETE FILE_20020806W A T -RQG
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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
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Tidewater Real Estate Inc: f- n.
Post Office Box 340 ?? Goa }
Oriental, North Carolina 28571 A 6
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(252) 249-9800
Toll Free (866) 249-9800
Fax (252) 249-9988
www.tidewater-real-estate.com
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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
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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
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