20011714 Ver 1_COMPLETE FILE_20011121

A
P'AMLICO COUNTY
HEALTH
DEPARTMENT
01 1714
203 NORTH STREET
PO BOX 306
BAYBORO, NC 28515
252-745-5111
252-745-7684 FAX

August 31, 2001
Dear Pamlico County Landowner,
In 1997, the North Carolina Legislature appointed a commission to protect the water quality
and the environment in Eastern North Carolina. "Legislation has been passed that may affect the
intended use of your property. In a consolidated effort of the Pamlico County . Commissioners and the
Pamlico County Board of Health, the Commission has established a special provision for you. As a
Pamlico County landowner, there is a new window of opportunity to obtain a "General Variance% as
approved by the Water Quality Committee of the Environmental Management Commission on
5109/2001. This variance expires on April 11, 2006.
This is your window of opportunity to apply for a variance to plan for future land use. Basically,
ou must rovide written proof to the State that the land was platted and recorded prior to A u
001. Secondly, the Sta a wi recognlzeef i e septic pe i issue t e _Cabaty kealtb
Department as a su ssta`ntiat ou ay if iff atettprior-t irdly, the variance remains-with
the property ke the septic ermit for the life of the land.
? 00, recurs indica a at you have a valid lifetime permit for your property in our records. In
order for you to ensure the intended use of the land, you need to complete the enclosed variance
request. This process should be initiated as soon as you possibly can. Applications should be mailed
to DWQ 401/Wetlands Certification Unit, 1650 Mail Service, Center, Raleigh, NC 27699-1650.
The Pamlico County Health Department's goal is to assist you as much as possible with our
limited resources. Copies of your permit, plat, and other surveys (if in our records) are available at a
cost of $5.00 and will be mailed directly to you to be included with your application.
Send a written request to: Kristie Mitchell
PO Box 306
Bayboro, NC 28515
Enclosures: General Variance Application
DWQ Special Rules
Thank You,
Jenny assiter
Pamlico County Health Director
jVkm
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)
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Please identify which Riparian Area Protection Rule applies.
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)
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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 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):
/, c I S IVAR91Snof
2.
3.
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: _ G n !s ?f R &I s O iV
Title:
Street address:
City, State, Zip:
Telephone: (7 c9- L --4 k
Fax: ( ................) N a N C=
Fax:
"General" Variance Application Form
Version 1: May 2001
Contact person who can answer questions about the proposed project:
Name: dlS /lk-PUFSo N
Telephone: (.? 1..) 9 7 (9 ?, ?1-
Email: 0! . ce /!l
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
5.
Project Location:
Street address: L ed .-?w nPAa rd C/ e"k
City, State, Zip: 2 P_ i e ?d l . N C Z-&-6 7/
County: Pjq„-, Lit o
Latitude/longitude: N '15 61 b3', s&3 w cCnlp°? 3 o?/S
6. Directions to site from nearest major intersection (Also, attach an 8'/ x 11 copy of the portion
of the USGS topographic map indicating the I c?'on of the site):
?=(,.?,.r ?S-" 7h S'lter Iti1?" ? . Paz ?rtti'?`, end ?r??,2rc? CP???
s -3
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream d'1'assification [as identified withM the Schedule of Classifications 15A NCAC 26 .0315
(Neuse) or.0316 (Tar-Pamlico)]: us -
8. Which of the following permits/approvals 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
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. 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 im act innfe.: `
J _ fl 1 ._n L _
_ -?/? aPiC 1. ?nr'S + M iRf?1" 4?A/C?'SC!?A??P
"General" Variance Application Form, page 2
C 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:
ens i l-/© ro m-P 2 -e/ g A d oy- ,;ua, h w s L n io s r s-?
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.):
Pr-oAer Czn?dSc??? ??
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
??f ? r-?-e I s ? ?wr l I '-I-? a? -r-c, ?'f' pis ? ?,? ,? ??
(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.
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):
Mailing address:
"General" Variance Application Form, page 3
City, State, Zip:
Telephone:
Fax:
Email:
Part. 5: Applicant's Certification
?, _ 1,0 e`s Harr isn go (print or type name of person'
fisted in Part 1, 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 Parts of this form will be recorded with all required permit
conditions.
L??,u.Q.e? J
Signature:
Date: /6_ 9-0.0
Title: ryl-Q-4 -
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
http.-Iih2o.enr.state.ne.us/ncwetlands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
General Number: [phone]
http:/twww.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 [phone]
http:/A~.saw.usace.army.mil/wetiands/regtour.htm
Washington District Office
Division of Coastal Management
943 Washington Square Mail
Washington, NC 27889
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
phone: [phone].
"General" Variance Application Form, page 4
May WQC Agenda Item # 2 5/08/01&*310, 04111
Please note that this draft version contains edits to the version sent
in the May 3rd mailing. The changes are indicated by
`_'t_"_•kethrough and underline.
" General" MAJOR VARIANCE
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 that meet the conditions stated below.
This general", major variance from the Riparian Buffer Protection Rules in the Neuse
(15A NCAC 2B.0233) and Tar-Pamlico (15A NCAC 2B.0259) River Basins is hereby issued by
the NC Environmental Management Commission (EMC) for impacts to the protected buffers as
long as the conditions prescribed below are met.
The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ
"General" Major Variance Application Form that describes how the following conditions of this
variance will be met. If these conditions can not be met, an individual Major or Minor Variance
from the Buffer Rules may be sought from the EMC. This "General" Major Variance shall expire
on April 11, 2006 unless it is renewed before that time by the EMC.
Conditions:
1. The residential lot must be located within one of the coastal counties as
defined by the Coastal Area Management Act (CAMA).
2. Applicants must show that they have met the requirements for a variance
as specified in the buffer rules in "VARIANCES" [15A NCAC 2B
.0233(9)(a)(i)-(iii) and 15A NCAC 2B .0259(9)(a)(i)-(iii)] for the
specific river basin where the impacts will occur.
3- Applicants must show that the residential lot has been platted and
recorded prior to August 1, 2000.
Ri,ver- Basin, J* 22, 1997 and Tar- Nmilie-e- IR-ii4eip Basin; januarf-4-,
4. Construction is for residential buildings and related structures such as
garages, decks, porches, attached commercial buildings, driveways and
sheds.
5. Substantial expenditures and contractual obligations must have occurred
in good faith prior to the August 1, 2000 ef-4he Buffer- Rules fer- the
Substantial expenditures
and obligations must have been made in reasonable reliance upon
governmental permits and/or approvals (such as 401 Water Quality
Certifications, CAMA permits, active connection to an existing sanitary
sewer system or local septic system approvals). Supportive written
documentation must be submitted to the DWQ for review.
.6. The lot must be buildable, without wetland impacts except for driveways
and/or utility crossings and any impact to the buffer shall be minimised
to the maximum extent practical.
7. Where impacts to the buffer will occur, the impact should be minimized
to the greatest extent practicable as determined by DWQ staff.
? s
i1
May WQC Agenda Item # 2 5/08/015103/0104111/01
S. Any on-site wastewater treatment must not be located within 50 `feet of a
surface water as specified in "ZONES OF THE RIPARIAN BUFFER"
[15A NCAC 2B .0233(4) and 15A NCAC 2B .0259(4)] of the buffer
rules. The only exceptions include any pretreatment systems meeting the
Treatment Standard 1 as found in 15A NCAC 18A .1969 Innovative
System Approval regulated by the NC Division of Environmental Health,
On-site Wastewater Section.
9. On-site stormwater management controls must be shown on the
application' and stormwater runoff must be directed away from the
adjacent surface water and/or coast wetland as determined sufficient by
DWQ staff; measures such as rain gardens, bio-retention areas,
vegetative filter strips and planting of trees or shrubs along bulkheads
and/or property lines to maximize pollutant removal may be required as
determined by DWQ `staff. If the applicant is required to obtain a "` :.
Sedimentation and Erosion Control Permit or a CAMA Major Permit,
then a Stormwater Permit may be required from the DWQ.
10. Mitigation will be required at a 1:1 ratio for impacts to Zone 1. This
mitigation can be accomplished by either (1) payment into the Riparian
Buffer Restoration Fund (administered by the DWQ Wetlands
Restoration Program), (2) planting or protection of a riparian area not
subject to the buffer rules, or (3) additional planting of a partially
buffered location on-site or in close proximity to the impacted area.
Mitigation plans must be approved in writing by the DWQ prior to
construction.
11. The applicant must receive written approval from the DWQ based on the
submittal of the "General" Major Variance Application Form
acknowledging that these conditions have been met before any impacts
occur to the riparian buffer.
12. The applicant must contact the appropriate District office of the N.C.
Division of Coastal Management or Local Permitting Officer for any
current requirements for CAMA Major, Minor or General Permits.
Signed:
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission
Effective Date:
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1 of 1 11/15/01 10:02 PM
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
July 5, 2002
DWQ Project #01-1714
Pamlico County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Lois Harrison
19 Cambridge Road
Kendall Park, NJ 08824
Subject Property: Lot # 8, Orchard Creek Estates, Peninsula Drive, Oriental, NC 28571
Bright Creek [03-04-10; 27-134-1; SA HQW (High Quality) NSW (Nutrient Sensitive)]
Dear Mr. Harrison:
On November 21, 2001, the Division of Water Quality (DWQ) received your request for a variance from the Neuse Buffer
Rules (15A NCAC 2B .0233). The DWQ has determined that your proposed project is eligible, if approved, for the use of
the "General" Major Variance From the Neuse and Tar-Pamlico Riparian Buffer Rules for residential structures on existing
lots within the coastal counties as defined by the Coastal Area Management Act, Approved 51912001. It is unclear from the
information that you provided within your request as to what you are asking the variance for. Therefore, unless additional
information is provided as described below, we will have to move toward denial of your request per 15A NCAC 213 .0233(9)
and will place this project on hold as incomplete until we receive this additional information. Please provide us with
information supporting your position that states your project must be constructed as planned and that you have no practical
alternative to impacting these protected riparian buffers. Specifically:
1. Please provide the location of the protected buffers on the property. Please note that the 50-foot buffers.apply to any
coastal wetlands as defined by the NC Division of Coastal Management and/or surface waters (whichever is most
landward).
2. Please provide the area (in square feet) of any impervious surfaces (i.e., home, deck, etc.) that are proposed within
Zone 1 and 2 of the protected buffers. Please be aware that buffer mitigation will be required for any approved Zone 1
impacts.
Based on the information provided within your request, it appears that you may not be planning to build within the. 50-foot
protected buffers. Please be aware that if this is the case you will not be required to obtain a variance approval. In addition,
the variance approval is not required for your septic system improvement permit to be valid. You may obtain more
information on the Neuse River Buffers by reviewing the attached Fact Sheet or by visiting the following web site.
http://h`2o.enr.state.nc.uslnpsINeuse NSW Ruies.htm#Neuse Riparian Buffer Protection Rule
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 three weeks, we
will assume that you no longer want to pursue this project and we will consider the project as withdrawn. Please call Mr.
Bob Zarzecki of this office at [phone] if you have any questions.
Sincerely,
John Dorney,
Wetlands/ 401 Unit, DWQ
Attachment: Buffer Fact Sheet
cc: Deborah Sawyer, Washington Regional Office
File copy
Central Files
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/
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4 HERBERT J. NOBLES JR., CERTIFY THAT THIS
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AND THAT IT Is TRUE AND CORRECT.
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LOIS HARRISON
NO. 2 TWP. PAMLICO CO. N. C.
SCALE: I" 40' SEPTEMBER 13, 1988
LOT W 8 ORCHRD CREEK ESTATES
NOTE THIS PROPERTY IS IN A FLOOD HAZARD AREA
ACCORDING TO FLOOD INSURANCE RATE MAP
NO. 37,01$! 029.513, DATED SEPTEMBER 4, 1985.