20021639 Ver 1_COMPLETE FILE_20021009

WATFiQ Michael F. Easley
QG Governor
7 William G. Ross, Jr., Secretary
§?9? `;? -1 Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
October 10, 2002
DWQ Project #02-1639
Pamlico County
Page 1 of 2
Paul & Barbara Donovan (Owner)
464 Peninsula Drive
Oriental, NC 28571
Subject Property: Lot No. 15, Orchard Creek Estates, 464 Peninsula Drive, Oriental, NC 28571
Orchard Creek [03-04-10; 27-134; SA HOW (high quality water) 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. and Mrs. Donovan:
You have our approval, in accordance with the conditions listed below, to impact 860 square feet of Zone 2 of the
protected riparian buffers for the purpose of constructing a single family home on the subject property as described within
your application dated October 4, 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 request. 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 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 you 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 .0233.
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.0233(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 Neuse River Riparian Buffer Protection Rules
(15A NCAC 213 .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,
Alan W. Klimek, P.E.
Director, DWQ
cc: Deborah Sawyer, DWQ Washington Regional Office
Tracey Wheeler, DCM Morehead City District Office, 151-B Hwy 24, Morehead City, NC 28557
File copy
Central Files
DWO021639
October 10, 2002
bz
Y
OFFICE USE ONLY: Date Received 021639 Request #
q34 state of Norm Carotin U
Department of emronment a fILE Natural Resources W ?N i 4 C.
Division of Water Quality COPY
Variance Request Form for Minor Vari
Protection and Maintenance of Riparian Areas Rules OCT 93M
NOTE: This fnrtn maybe photooopled for use as an original.
Please identify which Riparian Area Protection Rule applies.
Meuse Ritter Basin: Nutrient Sensitive Water4 Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. _ ADDlicant's name (the corporation, individual, etc. who owns the property):
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
..l -
Name: PF -I-)0-J09
Title: ?O W c-J2.
Street address: u (A E,ji-JSU?LA F -
City, state, Zip. O 901AL , rA 02-C l 1 C,A ?"J 2 8 I
Telephone: ...`b 05-®
Fax: (g 55, ; K 00 19

3. Contact person who can answer questions about the proposed project.
Name: u
Telephone:). a4S 005'a
Fax: a ) 2 4 00 1 Email: ?,p r?o??J? a nli?TS? F? P? p fi'r'
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, eta),
LbT 1 S' 0RCt-1aRJ> C12e - F-S r'?a ; rS
5. Project Location,
y (o L4
Street address:
City, State, Zip: 2
County:
Version I. February 2000
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iatitud s? /f_ D 7 6 9 3 8• I W
eltongnude: 03
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6. Directions to site from nearest major intersection (Also, attach an 8'r4 x 19 copy of the USGS
topographic map indicating the location of the site '
Sn0KI NC SSS -ko NCSR 1.321 ST2g; ?- R? •n ?.
h- -- .+ (nnr..nne, lPrfoJ 'Or., "N
?u? tae .
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as " ur to the nearest named stream):
Stream classification [as identified within the Schedule of
(Neese) or .0316 (Tar-Pamlico)]: SA - N S
1 SA NCAC 2B .0315
8. Which of the following permUlapprovals 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
f /9g8 On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)

Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. 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
of buffer impact in fe.:
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2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to tie riparian buffers:
^r)-I E s r A .-)1? ! ?* e or- 7 J??- ?- o r ? ®u .rte o mac! 5
?f F- S rrA t?cA col
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 enhancement of existing vegetation, etc.):
At-L n+arzr>s 6e?,.,u n-e cA- ,-0
-iv PiFFuSe- u.JOFI= A,sf> .?f rFc- 6.3-e 6e'- aVL1 2?; Cn e, -r0 7-Ja-?
rOft
Variance Request Form, page 2
Version i : February 2000
nn • . ell-. rr
4. pioo" p.4avide an axptanation of 4)%o fallowing:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule,.-
uy? vJocA? D L& i 1n1Ag- {'O S'sn1S : ,AC
D r ?Q 1\ ? moo F;; -r a ..1D I a tiger, IQ 41SS2- E }?-
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(2) How these difficulties or hardships result from conditions that are unique to the property
involved. _ r
(3) It economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
F-?J u.o V-'QCALS> eQ- l?,o - -
G rA . ? -rc? C i 2l? • i tin i rS i r? 44-0-
3: Deed Restrictions
Part
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm):
Mailing address:
City. State. Zip:
Telephone.
Fax:
Email:
Part 5: /Applipant's Certification
1, u L of (print or type name of person listed
in Part 1, Item 2), certify that the information included on this permit application form is correct,
that the project will b ettd in conformance with the approved plans and that the deed
restrictions in accord ce h 5 of this form will be recorded with all required permit
conditions.
Signature:
Date: /b O
Title: 1, Aftto G r
Varianoe Request Fomn, page 3
Version 1: February 2000

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as, certify that this plat was drawn under my supervi io from an actua'l
my supervision (deed descripition recorded in Book. s?4ib. At.. t?
......; that the boundaries not surveyed are clearly indicated as drawn from
........ , page ...................... ; that the ratio of precision
in Book .............