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HomeMy WebLinkAbout20021718 Ver 1_COMPLETE FILE_20021024Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality October 24, 2002 DWQ Project #02-1718 Beaufort County Page 1 of 2 Alonzo B. Jarman (owner) 212 Stephanie Drive Dillsburg, PA 17019 Subject Property: Lot # 4, East Street, Town of Belhaven, NC Tooley's Creek [03-03-07; 29-34-33; SC HQW (high quality) NSW (nutrient sensitive)] APPROVAL for the use of the "General" MAJOR VARIANCE; From the Tar-Pamlico 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. Jarman: You have our approval, in accordance with the conditions listed below, to impact 2,740 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 22, 2002. This letter shall act as your approval for the use of the "General" Major Variance; From the Tar-Pamlico 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: 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 213.0259. 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.213 .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, . La r, DWQ cc: Lucy Robbins (agent), Woodstock Realty, 269 East Main Street, Belhaven, NC 27810 Deborah Sawyer, DWQ Washington Regional Office Terry Moore, DCM Washington District Office File copy Central Files DWQ021718 October 24, 2002 bz OFFICE USE ONLY: Date Received State of North Carolina Department of Environment and Natural Resources Division of Water Quality e I .l(VI/ T 4P 4 Z` n? "General" Major Variance Application Fo PRp`1 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,., u. Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233) t 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 DWO 401/Wetlands 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. Applicant's name (the corporation, individual, etc. who owns the property): hL'ON ZD -5 • JAr. ma" 2 Print Owner/Signing Offici Name: Title: Street address: City, State, Zip: Telephone: 0 _n Fax: ( 3. Contact person who can answer questions about the proposed project: Name: hATVJA A 9 - SJW?,SS Telephone: 03) 4y4?. - 7 -360 O Fax: Email: &swovds , ea?r'?hli?k n? erson legally responsible for the property and its compliance) r? d "General" Variance Application Form Version 1: May 2001 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): i %.r d- A, rQ Cc-r ToLSyJ DC ''ice. i .1.1. A. %J E N N C 5. Project Location: Street address: .'.'ST . City, State, Zip:. _ Ct?S1 OF. 1 County:,Pr4t Fd Latitude/longitude: 2:59 . 3, t. ?? •?'?I?NT?6o : ,?4V E 6:` 'Directions to'site from nearest major intersection (Also; attach an 8'/2 x 11 copy of the portion - _ of the.USGS topographic.map indicating the location of the site): zn•1ev?scc?#?c?- : ??. c as-r- s-t?s}r '?P?r-rEGO /??i?' - - - - 'P?i N?t,IFI? 11J C - - 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Stream classification [as identified within the Sch edule of Classifications 15A NCAC 213 0315 (Neuse) or.0316 (Tar-Pamlico)]: S G N QW' /?.S i? _ 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: ?_ S•25•?g Permit Type: CAMA Major ! oi84rv4 ?$ 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 M _X tt q4 Others (specify) NATIoNWiD& 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.: SINC?& FA?Mi !Y fk&St D61JToAL 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: "General" Variance Application Form, page 2 Version 1: May 2001 ?usTtNt? - 4. 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.): uN OFF To Pbtr y 1 tWEGr'M ToWA*0 {'t,,?.?.?T6V A?+R t l4S Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. W ten4bm NOM Artam WT 11,40(411-b '13C Too S"U., -M WAI LD T (2) How these difficulties or hardships result from conditions that are unique to the property involved OATtt)mwtb& 12 I!tt.L fc-PrAt-r. T-1 LL -A A. 16 611 L'rlta (3) If 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. 41044- COST OF- LWD A1041> 6 ISTII tkTI,UTI£5 J 9J:9". J, nE= Ru t l.D t N G V?2Y s tnnM1. t4oU.SE 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 (individual or firm): Ro "5105 Mailing address: WA PAAW M ST City, State, Zip: Telephone: 2S2 ' 14-5 SSE-2. "General" Variance Application Form, page 3 Version 1: May 2001 S A04 Fax: 252 • ?43 ' 3 l 0(0 Email: tyt?ri?'ffl K . lo Part 5: Applicant's Certification` t, ?t-t)N?? ?7• ?lfIM1M?1 , (print or type name of.person listed in Part I, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions.. _ _ - - • _ _ . _ . _ ... _ _ _ . _.. _ _ . _ . _ _ _ Signature: Date: Title: NC Division of Water Quality (DWQ) 401 Wetlands Certification Unit 2321 Crabtree Blvd. (LOCATION) 3 ?5 ?c?2 1650 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27699-1650 (919) 733-9726 (phone) h.ttp:Hh2o.enr.state.nc.us/ncwetlands/ RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 5508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 General Number: (919) 876-8441 hitp://www.saw.usace.army.mil/wetlands/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 http://wvvw.saw.usace.army.mil/wetlands/regtour.htm Washington District Office Division of Coastal Management 943 Washington Square Mail Washington, NC 27889 phone: 252/946-6481 Morehead City District Office Division of Coastal Management 151-B Highway 24 Morehead City, NC 28557 phone: 252'808-2806 "General" Variance Application Form, page 4 Version 1: May 2001 Tobin of Aapor Mr. CbarW 0. 311opette ToWn janager Tim A. 3'0bng0n Tobm Urrh Marie Y. gbamg, CAC October 14, 2002 Ms. Lucy Robbins Woodstock Realty Belhaven, NC Town counrit george 3R. Cbron, glr., Aapor Vro-Trip 011bert JDaber Cpntbia A. 3?eatb 3lameg ?0. Aobgeg Luba C. Vilbergon Ms. Robbins; The property on East Street at the corner of East and Pantego Streets (parcel # 10000852) can utilize both sewer and;water from the Town of Belhaven. There may be tap fees involved to set up accounts and such, but the facilities are available. Respectfull ; r Martin Overholt, Code Enforce ent QY?aben Vogt Office jBox 220, jDelbaben, .Portb Carolina 27510 0 (252) 943-3055 0 lax (252) 943-2357 Cotablilb 1899 CAMA AND DREDGE AND FILL M 020584--g GENERAL PERMIT as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC 29 lt5ho mt&# ex-/%e i Applicant Name ,?LGri? V to14yl Phone Number Address /96 12 y6,1&4-3 r4vnVV 4140 City wIm /nu State zip ' Project Location (County, State Road, Water Body, etc.) ar 96ZA t A/ o' E?i4?? 51ri€tsr ? L?rys c:28ctk Type of Project Activity Pf eoe 1f'AA11n?A,dCd d" 0uli/fdW,411_,X Ale-V7- PROJECT DESCRIPTION -NeHdock) length /LE- _(/1110 Groin length number rII Bulkhead length _max. distance offshore Basin, channel dimensions 11do/.4jc/ 6 -- & /1/0L cubic yards Boat ramp dimensions other .b t*cd Aw S Fax -145ey FQi?n?ucy Fg rid t?jis y Sn1?j L Auwi d 31' We0 %a /f?Zv'' 140"11 b?c+'clf 9 SKETCH ?tSG? ?? ?G'1f1 I I C`X 63iJ.k 1A6V Ydd 4e /0/IW OW ?trr CA-". i 1 I ! I i /r! (SCALE: 416,;?6 t i - s s wJOar 164E sin!}! ; t i y,? I 41 < Bl ' dXz4w7ir17 This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. applicant's signature permit officer's signature a I Jaw my - a I Ti?,JA&y M2 issuing date expiration date attachments V. 1100 J /SDU..ll eo In issuing this permit the State of North Carolina certifies that ) this project is consistent with the North Carolina Coastal application fee?!?'^ ?? Manaeement Proeram. D:): I ACTION ID: ationwide Permit Requested (Provide Nationwide Permit ft 18 JOINT FORM FOR , Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMEN'T' OF THE ARMY NO- DEPARTMENT OF ENVIRONMENT, HEALTH, P.O. Box 1890 AND NATURAL RESOURCES Wilmington, NC 28402-1890 P.O. Box 29535 ATTN: CESAW CO-E Raleiggh, NC 27626-0535 Telephone (919) 251-4511 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. Owners Name: :arles G, Parr. 2. Owners Address: : 5 ?avistock Dr. , I•iedford, ;i. J. 08055 3. Owners Phone Number (Home): 1-60°-554-4857 (Work): 4. If Applicable: Agent's name or responsible corporate official, address, phone number: Fussell Johnston 275 S. 14ain St. , Belhaven, 1J. ' C. , 27810 1-919-943-3352 5. Location of work (MUST ATTACH MAP). County: Beaufort Nearest Town or City: in Town of Belhaven # N. C. Specific Location (Include road tntitnbers, landmark, etc.): Zast Street, 'lotif 4 In City limits of Belhaven, adJacent to Tom's Creek 6. Name of Closest Stream/River. Pungo River 7. River Basin: Pungo River 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO [2,1 9. Have any Section 404 permits been previously requested for use on this property? YES [) NO [XI If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: approximately 1 acre 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: 1/10 acre Drained: Flooded: Excavated: Total Impacted: 1/10 acre . Description of proposed work (Attach PLANS-8 1/2" X I1" drawings only): to fill a site 57 feet 70 feet for proposed residence with a 10 feet by 34 feet .drive. 4,330 sq. ft. fill ai on lot # 41 &st Street, tm?n of Belhaven. , 13. Purpose of proposed work: prepare site for residence on lot # 4, 4,ast Street, Town of Belhaven. 14. State reasons why the applicant believes that this acth taken to minimize wetland impacts. to fill site for Will leave all wetlands area outside of fill delineation vnAi s+.r„},n.i 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES[ ]' NO [X] RESPONSES FROM THE USFWS ANDIOR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES,[. ] NO [X] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, stmams,,and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. , D. If a §tormwater management plan is required for this project, attach copy.. ' E. What island use of surrounding property? 3 sides residential; one side marsh F. If applicable, what is proposed method of sewage disposal? City sewage/ Town of Belhaven u t J • ?,,( November 22, 1994 Owner's SignaturieJ Q Date be carried out in wetlands. Also, note measures ng of residence. town of Rnl Aatrn" Auptecn mapserver digital m i u t r m i chaft? . 3#gitA tOpo Maps r i9auI -, ?rz ? itstic F? ch: rt . paper c l i a T t 5 • I S O SOit- ware 35° 32' 55" N 35° 32'56" N 76° 37'32" W 76° 36' 16" WL A/ 101»` ?of.' `a AL agviw i *00 135° 31' 63" N 76° 37'32" W Aft x WWWJ CIIRCOM To order call 888-839-5551 or 978-933-3000 ©1989 - 2002 Maptech, Inc. All Rights Reserved. Maptech ® is a registered trademark of Maptech, Inc. ca-7 35° 31"53" Nr 76° 36' 16" W http://mapserver.maptech.comlapilapi includeslnavigator.print.cf n?height=500&width=... 10/13/2002