20030105 Ver 1_COMPLETE FILE_20030131

?OF WgTEROG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
DIVISION OF WATER QUALITY
July 15, 2003
Fairfield Harbour POA WA'?17Jul. Attn: Mr. Robert Brown
?I
902 Coral Reef Drive
New Bern, NC 28560
Dear Mr. Brown:
Subject: Stormwater Permit No. SW7000518
Fairfield Harbour Subdivision
Permit Modification
High Density Stormwater Project
Craven County
The Washington Regional Office issued stormwater permit
SW7000518 on January 4, 2002. Our staff have considered questions
raised by the Property Owners Association (POA) regarding certain
permit conditions. We have also evaluated the fact that (6)
drainage outlets, originally constructed in violation of the Neuse
Riparian Buffer Rules, have recently been plugged and revegetated.
Based upon our review of these factors, and the Property Owners
Association request, we have determined that a permit modification
is appropriate. We are forwarding modified Permit No. SW7000518
dated July 15, 2003 to the Fairfield Harbour POA.
This permit shall be effective from the date of issuance until
July 15, 2005 and shall be subject to the conditions and
limitations as specified therein.
If any parts, requirements, or limitations contained in this
permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form
of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447.
Unless such demands are made this permit shall be final and
binding.
943 Washington Square Mall Washington, N.C, 27889 Telephone [phone] FAX [phone]
1K
State Stormwater Management Systems
Permit No. SW7000518
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
In accordance with the provisions of Article 21 of Chapter 143,
General Statutes of North Carolina as amended, and other applicable
Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Fairfield Harbour POA
Craven County
FOR THE
construction, operation and maintenance of stormwater management
systems in compliance with the provisions of 15A NCAC 2H.1000
(hereafter referred to as the "stormwater rules") and the approved
stormwater management plans and specifications and other supporting
data as attached and on file with and approved by the Division of
Water Quality and considered a part of this permit for a wet
detention pond, constructed wetlands and grass swales to serve
Fairfield Harbour Subdivision located near New Bern, NC.
This permit shall be effective from the date of issuance until July
15, 2005 and shall be subject to the following specified conditions
and limitations:
1. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and
volume of stormwater described in the application and other
supporting data.
2. This stormwater system has been approved for the management of
stormwater runoff as described on page 4 of this permit, the
Project Data Sheet.
3. Approved plans and specifications for this project found in
the "FAIRFIELD HARBOUR REDESIGNED STORMWATER PLAN", dated
April 16, 2001, are incorporated by reference and are
enforceable parts of the permit.
3
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4. No homeowner/lot owner/developer shall be allowed to fill in,
alter, or pipe any vegetative practices (such as swales) shown
on the approved plans as part of the stormwater management
system without submitting a revision to the permit and
receiving approval from the Division. Typical driveway
culverts for access to single family lots are excluded.
5. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size
b. Project name change
c. Change of ownership
d. Redesign or addition of built-upon area for any new
streets or newly platted lots. Building permits issued
by the POA for existing platted single family residential
lots are excluded and will not require modification of
this permit.
e. Further subdivision of the project area.
In addition, the Director may determine that other revisions
to the project may require a modification to the permit.
6. The Director may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of the
permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director
for modifying the site to meet minimum requirements. The
permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have
been made.
II. SCHEDULE OF COMPLIANCE
1. The permittee will comply with the following schedule for
construction and maintenance of the stormwater management
system.
a. The stormwater management system shall be constructed in
its entirety according to the schedule found in Section
"IV. Special Conditions".
b. During construction, erosion shall be kept to a minimum
and any eroded areas of the system will be repaired
immediately.
2. The facilities must be properly maintained and operated at all
times. The approved Operation and Maintenance Plan must be
followed in its entirety and maintenance must occur at the
scheduled intervals.
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2. Failure to abide by the conditions and limitations contained
in this permit may subject the Permittee to enforcement action
by the Division of Water Quality, in accordance with North
Carolina General Statute 143-215.6(a) to 143-215.6(c).
3. The issuance of this permit does not preclude the Permittee
from complying with any and all statutes, rules, regulations,
or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
4. In the event that the facilities fail to perform
satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as
the construction of additional or replacement stormwater
management systems.
5. The permit may be modified, revoked and reissued or terminated
for cause. The filing of a request for a permit modification,
revocation and reissuance or termination does not stay any
permit condition.
IV. Special Conditions
In keeping with the resolution of the Neuse Riparian Buffer
Violations cited by letter dated January 16, 2001, the
FairField Harbour Property Owners Association has plugged and
restored the previously constructed drainage outlets. The
construction of the approved stormwater control measures, as
well as any new drainage outlets, shall comply with the
following conditions:
(1) For any wetland impacts that might occur by the
implementation of the stormwater plan, a determination of
the acreage of impact is necessary, and must be submitted
to the US Army Corps of Engineers and the Division of
Water Quality for any necessary written approvals prior
to beginning construction.
(2) All of the stormwater treatment measures approved by this
permit; including the (6) constructed wetland systems,
the vegetated swales and weir/orifice structures, and the
wet detention pond, shall be constructed by July 15,
2005.
(3) The approved stormwater treatment measures shall be
constructed and stabilized with vegetation prior to
making any new outlet connections to state waters.
7
A.
Fairfield Harbour POA
Drainage Improvements Project
Grass Swales with weir/orifice structures,
Constructed Wetlands and Wet Detention Pond System
Stormwater Permit No. SW7000518
Designer's Certification
I,
as a duly
registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically/weekly/full time)
the construction of the project,
(Project)
for
(Project Owner)
hereby state that to the best of my abilities, due care and
diligence was used in the observation of the project construction
such that the construction was observed to be built within
substantial compliance and intent of the approved plans and
specifications.
Signature
Registration Number
Date
9
?0?1 WATFRP
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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
February 7, 2003
Wayne Massetti & Kay Wertz
1573 Bud Lane
Yardley, PA 19067
DWQ Project # 03-0105
Craven County
Page 1 of 2
Subject Property: Lot 128, Section 7, Part 2, Fairfield Harbor SD, 906 Jewell Court, New Bern, NC 28560
Northwest Creek [03-04-10; 27-105; SB Sw 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. Massetti & Ms. Wertz:
You have our approval, in accordance with the conditions listed below, to impact approximately 890 square feet (fe) of
Zone 2 of the protected riparian buffers for the purpose of constructing a single family residence on the subject property
as described within. your application dated January 23, 2003. 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 buffers except for "exempt" activities listed within the
Buffer Rule, unless otherwise approved by the DWQ.
2. All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-erosive velocities
prior to entering the protected riparian buffers as identified within 15A NCAC 26 .0233(5). No new
ditching or piping of stormwater through the protected buffers is allowed.
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 2B .0233 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Ms. Tom Steffens at 252-946-6481 if you
have any questions or require copies of our rules or procedural materials.
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/
4
OFFICE USE ONLY: Date Received --
U
State of North Carolina ??i' ??pt 3 r]
Department of Environment and Natural Resources Wu? JAN G 2003
Division of Water Quality 3
WETLANDS GROUT' r
?PJATEr U I.iTY SCf,T )l? Q-WARD
Variance Request Fora - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
u Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
u Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 0213.0259)
u Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (t a corporation, •ndividual, etc. who owns the property):
lea ne yY G1s,&#1 u)mi?_ _
2. Print Owner/Signing Official (person legally respon ible forth property and its compliance)
Name: W nt__ NG1.5.5a,+-? i ?ka W?,r .
Title.
Street address: I
City, State, Zip: UaC6t,t). AA 906P 1
Telephone:
Fax: N1.,
3. Contact person who can answer questions about the proposed project:
Name:
Telephone: q47
Fax:
Email
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, opeIrat•yon and maintenance agreements, etc.):
Fair- ; el d Corb6,u
Version 2: November 2002
E
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5. Project Location: G U. '
Street address: 10 ? Jewel of
City, State, Zip: ?e .6ern N G 4X540
County: frauCn
Latitude/longitude: A/ ,3.?? _ O - 3
W -14- s8-
6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the USGS
topographic map indicating the location of the site):
- e _
7. Stream to be impacted by the proposed activity:
Stream ,nfiame (fo unnamed streams label as "UT" to the nearest named stream):
,
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]:
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
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 ft2.]:
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimi or eliminat disturbance o the riparian buffers:
.
rc hr ,_c r.vP? a .?nf S.1_J __ _ maft_ _re of cy?d e I in e_ se•-} &do _
Variance Request Form, page 2
Version 2: November 2000
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.):
We W ll rude -500e,5 4a4 Pf 6 6 tt. t c? ra? a
1-0---?lt?cri d?____-1-k.EaJ,
sodded _ wrt _cn1 P-CLL _sod .
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
_7he hbu.Se could 1161 f14 16f
(2) How these difficulties or hardships result from conditions that are unique to the property
involve ,
The _ 5Q __q w? J?u??er Cm, rack _ tkt-
bLt'l -0a,61e 3 is 4 wh;ch a _ aua
c?
???11-?_ build?? CSC acid yam 4h1 ?L7
(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 entir value of the project.
_L-?
l??w -I--Q- yln Inc pe ,l?.
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):.n 1iw0??_ _ _ _
Mailing address:
tc
City, State, Zip: U > 1Y?1
Telephone: !7a__ BcS n _
Fax: &-9- -
Email:
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
I, WA n e_ / r 1N?SSe? _ _ (print or type name of person
listed in P>? I, Item 2), certify t at the information included on this permit application form is
correct, that the project will be constri7cted 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:
ao-7 X_
Date:
,/Q
Title: L?
O` THE PROPERTY SHOWN DOES FALL WITHIN THE FEDERAL, FLOOD
00 / j INSURANCE RATE MAP ONE HUNDRED (100) YEAR FLOOD PLAIN.
Go`o / I REFERENCE RESTRICTIVE COVENANTS FOR RESTRICTIONS AND
EASEMENTS THAT MAY APPLY.
/ LEGEND 0
O` Treasure Cove Horbo`ur IPF - IRON PIPE FOUND a
our IPS - IRON PIPE SET
MBS - MINIMUM BUILDING SETBACK t7
''.J' . 1 1 I DUE - DRAINAGE AND UTILITY EASEMENT
X 9.0' - SPOT ELEVATION (NGVD 1929)
y-
TEMPORARY BENCHMARK SET AT 9.0' IN 18" PINE f
Gondolier Dr ® - HEAT PUMP
L OGA TION
/ Latitude -F Long_Itude \
- - N 35-04-32
W 7G-58-OG 1
/ ? 11
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LOT 280
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J? Cap; Q
o 'I
/ D-7G'4G'3: L X 4.7 X IPF 5 80. 7'22 I^ N i,
R-50.00 4, 8 E N I
/ L-G7.00 5' DUE _ 130.0p•
N 47'55'55' E i9
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/ 9 eo - . 10" MBS , ??.32
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4.5 / l /Il /i
,y 1Propo5ed One
sr s o\ and half Story Brick! /
Tie' From MAG Nall in X'1ng Olm'5 to G' Roof 0/lil h
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11 e.6! Gt + G rd.;!!ar Or ?j \ C /I I I 'PFF 11.0'
S 54'48' W 335.1
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Concrete
/?A' Bulkhead
tx 1 ti D=43'00'59' R
l? X R=180.00
LOT 282 L=135.14
9' \ I / ' 31'03'08' W
3.7 131.99'
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CERTIFICATE OF SURVEY AND ACCURACY
i
I, JERRY R. RYAN, CERTIFY THAT THIS PLAT WAS DRAWN UNDER
MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY
SUPERVISION, THAT THE RATIO OF PRECISION IS 1:15,000+, THAT
THIS FLAT MEE'S THE MINIMUM STANDARDS FOR LAND SURVE"ING
?4 C Ak:,-.NA AS AMENDED. THAT THE BOUNDARIES N01 0
SURVEYED ARE SHOWN AS BROKEN LINES, THAT ARI=AS ARE BY Re5URVE1' Oh
:OORDINATE CALCULATION UNLESS SHOWN OTHERWISE, THAT THIS
SURVEY iS OF AN EXISTING PARCEL OF LAND AS SHOWN BY PLAT LOT 281- SECTION 7 - PART 2
RECORDED AT MAP BOOK 13, PAGE 60. FAIRFIELD ! IAI?pBDUR7?
WITNESS MY SIGNATURE AND SEAL
N THIS 19th DAY OF DECEMBER, 2002. 90G Jewell Court
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Mandi Johnson
General Contractor
P.O. Box 15014 New Bern, NC 28561 252/633-2947
e-mail: custombuildersOjohnsonhomesnc.com
web site: www.johnsonhomesnc.com