20030264 Ver 1_COMPLETE FILE_20030306

O V?IATFRQG Michael F. Easley
` Governor
O
r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
March 13, 2003
Norman E. Miller, Jr.
P.O. Box 742
311 Middle Road
Ocracoke, NC 27960
Subject Property:
DWQ Project # 03-0264
Hyde County
Page 1 of 2

Lot 10, Upland Trent Subdivision, Sara Ellen Street, Ocracoke, NC 27960
"Southward Creek", Pamlico Sound [03-03-07; 29-(40.5); SA HQW]
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Tar-Pamlico Riparian Buffer Rules for the
Construction of Residential Structures on Existing Lots on Barrier Islands with ADDITIONAL CONDITIONS
Dear Mr. Miller:
You have our approval, in accordance with the conditions listed below, to impact approximately 1,000 fe of Zone 2 (only)
of the protected riparian buffers for the purpose of constructing a single family residential home on the subject property as
described within your application dated December 30, 2002 and received by the Division of. Water Quality (DWQ)
Wetlands/401 Unit on March 6, 2003. This letter shall act as your approval for the use of the MAJOR VARIANCE; From
the Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots on Barrier Islands
with ADDITIONAL CONDITIONS as approved by the Water Quality Committee (WQC) of the Environmental Management
Commission (EMC) on April 13, 2000. 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 regulations, Non-discharge
regulations and CAMA permits. This approval shall expire when the variance expires on April 13, 2005 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. Diffuse Flow
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 2B .0259(5). No new
ditching or piping of stormwater through the protected buffers is allowed.
2. No Impacts to Zone 1
No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities
designated as "exempt" within 15A NCAC 02B .0259), unless otherwise approved by the DWQ.
3. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached certificate of
completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
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/
Page 2 of 2
4. Protective Fencing
The outside buffer boundary and along the construction corridor within this boundary approved under this
authorization shall be clearly marked with orange fabric fencing (or similar high visibility material) for the
areas that have been approved to infringe within the buffer. This fencing shall be installed prior to any
land disturbing activities to ensure compliance with 15A NCAC 213.0259. The protective fencing should
be removed once construction is complete.
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 petitioe 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. Tom Steffens at 252-946-6481
if you have any questions or require copies of our rules or procedural materials.
Sincerely,
Attachments:
Barrier Island General
Certificate of Completion
cc: Tom Steffens, DWQ Washington Regional Office
Terry Moore, DCM Washington District Office
File copy
Central Files
DWQ Project No. 03-0264
March 13, 2003
bz
p3 - Ua?O?
Norman Miller A
311 Middle Road a"®
PO Box 742 ISSQ? 2 6 2003
Ocracoke, NC 27960 ?J
WETLANDS1401
GROUP
February 24, 2003
WATER AR
Dear Sirs, QUA 0 U 6 ?40 TYSEC
T'08
I am writing you regarding my property, lot 10 Upland Trent subdivision.
It is my understanding that I will need a variance in order to build within 30' of the CAMA line.
1 met with Debra Sawyer and Brad Shaver in 2000 and at that time they set a stake marking the
30' point on the lot and suggested I should apply for a variance.
Since then I have not been able to commence construction until now. I had CAMA remark the
CAMA line and I have set the 30' line down on a plat of lot 10. The construction I plan will not
encroach in the 30' DWQ setback. Without the 30' variance I would have to completely rearrange
the construction to other points of the lot which would mean moving the septic tanks and cutting
down many trees, as you can see in the photos I have included.
I started the process of developing this lot before the June 2000 rule implemented by DWQ. The
septic drain field and tanks, plus clearing of trees and other vegetation, driveway, parking and
building siting all coordinated together and completed prior to Jan. 1, 2000.
Given that the 30' setback line only encroaches slightly on lot 10, it will mean that an adjustment
of the deck configuration will be all that is necessary, whereas if I had to adhere to the 50'
setback a complete rearrangement and new siting would have to be done.
As I have noted this would require cutting of many trees, and the waste of the site preparations
already completed before Jan 1, 2000.
Thank you for considering this application.
If you need any further information, please contact me at 252-928-6111 or at the above address.
Sincerely,
Norman Miller

r ?
J

} A

OFFICE USE ONLY; Date Received Request # 0 *3
V ?b
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form Major Variance for the
Construction of Residential Structures on Ezistiiing Lots on. Barrier Islands
'
(as approved by the Environmental Management Commission on 4113/2000; expires 4113/2005; Lots
must be platted prior to 1/01/2000)
Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection. and Maintenance of Riparian Areas Rule (I SA NCAC
.0259) W ANDS/401 G8OUp
NOTE: This form may be photocopied for use as an original. MAR
Part 1: General Information WATER QUALM
(Please include attachments if the room provided is insufficient.)SE?T?®N
1. App cant's name (the corporation, individual, etc. who owns the property):
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: J-^
Title:
Street address:
City, State, Zip: -7 9 4 6
Telephone:
Fax: ( l) -?x?'Z?'d
3. Contact person who ca answer questions about the proposed project:
Name: i
Telephone: 6 e//
Fax: ) -
Email: m
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters ?opperation and rriaintenance agreements, etc.): .
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8'/ x 11 copy of the USGS
topographic map indicating the location of the site):
Version 1: February 2000

K^
7. Stream to be impacted .by the proposed activity:
Stream n me (for unn?meq,ssttreaamms Label as "UT" to the nearest named stream):
Stream classification n[[/asidentifed wiithhiin 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 fe.: _
776T e fInP
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
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,
pent of existing vegetption, gtc.)j pl
re-planting vegeation,or enhancer
4. Please provide an explanation of the following:
(1) The practical) difficulties or hardships that would result fro/m? the strict application of this
Rule.
w Dw f1,91 CILJ
2daJ e.- A14 0 c, 'r ,
r
Variance Request Form,?page 2W,,,+
?
Version 1: February 2000
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships n t e proportion oft?ha dship to th a tire value of e p oject.
C T
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:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
1, (print or type name of person listed
in Part 1, Item 2), certify that he 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:
Variance Request Form, page 3
Version 1: February 2000
S
S
AFT ?.?
1: DR
MAJOR VARIANCE
From the Tar-Pamlico Riparian Buffer Rules for the Construction of Residential
Structures on Existing Lots on Barrier Islands
This major variance from the Tar-Pamlico River Riparian Area Rules (15A NCAC 2B
.0259) is hereby issued by the NC Environmental Management Commission to construct homes
and related structures such as garages, decks, porches, attached commercial structures and sheds
within Zone 1 or 2 of the riparian buffer on lots existing as of January 1, 2000 on barrier islands
in the Tar-Pamlico Basin of North Carolina as long as the conditions prescribed below are met.
The applicant must submit three copies of the appropriate application form to DWQ staff
that describes how the following conditions of this variance will be met. If these conditions can
not be met, an individual major variance from the Tar-Pamlico River Riparian Area Rules (15A
NCAC 2B .0259) may be sought from the NC Environmental Management Commission. This
"Major Variance" shall expire on Apri113, 2005 unless it is renewed before that time by the N.C.
Environmental Management Commission.
Conditions:
1. Applicants must show that they have met the requirements of 15A NCAC 2B
.0259(9)(a)(i)-(iii).
2. The residential lot must have been platted and recorded on or before January 1, 2000.
3. Construction is for residential buildings and related structures such as garages, decks,
porches, attached commercial building and sheds.
4. Impact to Zone 1 [30 feet immediately adjacent to surface water as defined by 15A
NCAC 2B .0259(4)(a)] must be minimized to the maximum extent practical.
5. On-site stormwater management controls must be shown on the application and
stormwater runoff must be directed away from the adjacent surface water; on-site
measures such as sand filters, rain gardens, bio-retention areas, vegetative filter strips
and planting of trees or shrubs along bulkheads must be employed to maximize
pollutant removal. 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 DWQ.
6. The lot must be buildable without wetland impact except for driveways and or utility
crossings and any impact on the buffer shall be minimized to the maximum extent
practical.
7. Any new on-site wastewater treatment must not be located within 50 feet of surface
water as specified in 15A NCAC 2B .0259(4)(a).
8. Compensatory mitigation must be done at a 3:1 ratio on a square foot basis for any
impacts to Zone 1. This mitigation may consist of payment at $0.96 per square feet
to the NC Wetlands Restoration Program, planting of an unbuffered area, or
additional planting of a partially buffered location on-site or nearby. Planting plans
must be approved in writing by DWQ.
9. The applicant must receive written approval from DWQ acknowledging that these
conditions have been met before any impacts to the riparian buffer shall occur.
10. The applicant must contact the N.C. Division of Coastal Management or Local
Permitting Officer for any requirements for CAMA Major or Minor Permits.
Sinned:
David H. Moreau, Chair
Environmental Management Commission
Effective Date:
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Boss Jr., Secretary
18 December 2002
Mr.' Norman Miller
Post Office Box 742
Ocracoke, North Carolina 27960
Dear Mr, Miller:
This letter confirms that DCM District Manager, Terry Moore, and I met you on 18
December 2002 onsite your property located off SR 1356, Sara Ellen Street, adjacent Southward -
Creek, on Ocracoke Island, in Hyde County, North Carolina. The purpose of our meeting was to
delineate the landward limits of Coastal Wetlands on and adjacent to your property for the purpose of
establishing the building setbacks for your proposed residential construction.
As discussed onsite, if any part of the residential construction is within 75' of the normal'
water level of Southward Creek, then you are required to submit a CAMA Minor Permit application
for your project. You will need to submit as part of the application package, proof of adjacent
property owner notification, a plan view and cross sectional drawing, and a check for $100. The
application will be processed by the Hyde County Building Inspector in Swan Quarter.
I, appreciate your concern and effort to comply: with ; the : permit requirements of this
Division- and encourage you to continue to consult representatives of this Division for future
questions. regarding CAMA jurisdiction. Thank you for your time and concern in these matters
and if you have any questions, please call me at my office. The number is [phone],
Extension 291.
Sincerely,

Steve 7. Trowell
Coastal Management Representative

cc: Terry . Moore - District Manager, Washington Regional Office, DCM
Dean Bnrbage, ;Hyde, County Building Inspector, ! Swan Quarter..: .

943 Washington Square Mail, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet www riccoastalmanagementnet
An Equal opportunity 1Affirmative Action Employer- 50% Recycled 190% Post Consumer Paper
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MCINITY MAP (NTS
S861 4'00'E
93.12'
LOT 9
S89'S4'58"E
92.90'
LEGEND
- DL PIPE
- EX. REBAR
Q - REBAR SET
0 - EX. CONC. MON
? - EX. WOOD POST
A - EX. PA NAIL
0 - P/K NAIL SET
- SEWER SERVICE
® - WATER METER
PHONE PEDESTAL
C.A.T.V.
UTILITY POLE
GUY WIRE
- FIRE HYDRANT
®- ELECT. TRANS.
J N/F
E.S_TOLSON LAND
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NOTES:
1. THIS SURVEY 1S SUBJECT TO ANY FACTS THAT MAY HE
DISCLDSEU BY A FULL AND ACCURATE TITLE SEARCH.
2. AREA BY COORDINATE COMPUTATION 12,999 SF,
3. F.I.R.M. ZONE: "A5" (EL. Y)
4. PIN NO.: N/A.
5. RECORDED REFERENCE: D8 85, PG 478
6. MINIMUM BUILDING LINES (MBL) SHOIIN HOW-ON ARE PER ;THE
CURRENT LOCAL ZONING REGULATIONS. OTHER SETBACKS,
AND/OR RESTRICTIONS MAY APPLY AND MUST BE VERfEIED
PRIOR TO CONSTRUCTION.
7. ELEVATIONS (NGVD 1929): AS SHOWN
8. PROPOSED COVERAGE: 3,559 S,F. (27.4X)
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CARO?'•.,??
ESS 1' • i
?iy'•, I, MANSON RAY MEEKINS, P.L.S., CERTIFY THAT THIS PLAT WAS DRAWN
r r ?' .9 .. UNDER MY SUPERVISION FROM AN ACTUAL. SURVEY UNDER MY SUPERVISION;
Q SEAL. THAT THE RATIO OF PRECISION AS CALCULATED IS 1:10,000+; THAT THIS
PLAT IS PREPARED IN ACCORDANCE WITH SECTION .1600 OF THE STATE
• L-2592 BOARD OF REGISTRATION RULES "STANDARDS OF PRACTICE' THAT THIS
* ,< IS A SURVEY OF AN EXISTING PARCEL OR PARCELS OF LANb; AND DOES
71 - NOT CYEATE A NEW SIRgET OR CHAN AN EXISTING STREET.
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SURVEY FOR
NORMAN MILLER
LOT 10 - UPLAND TRENT - OCRACOKE
OCRACOKE TOWNSHIP - HYDE COUNTY = NORTH CAROLINA
30 'S ° 30 'ABOARD SURVEYING & P. z,"NA ,' INC.
1 inch = 30 ft. 3200 NORTH CROATAN HWY. KILL. DEVIL MILLS, NC: 27948
OFFICE: [phone] FAX: (.252480-0:5'71 .
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