HomeMy WebLinkAbout20030332 Ver 1_COMPLETE FILE_20030320f Michael F. Easley
O.0 WAT FRIG
7
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
March 31, 2003
Franklin & Sal Bulkley
PO Box 747
Truckee, CA 96160
DWQ # 03-0332
Craven County
Page 1 of 2
Subject Property: Lot 218, Tobago, Section 7, Part 1, Fairfield Harbour, 907 Coral Court, New Bern, NC
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. & Mrs. Bulkley:
You have our approval, in accordance with the conditions listed below, to impact approximately 1,100 square feet (fe) of
Zone 2 (only) of the protected riparian buffers for the purpose of constructing a single family residence on the subject
property as described within your application dated March 14, 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:
No Zone 1 Impacts
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. 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 .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.
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
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.
Sincerely,
#ecfor, DWQ
Attachments: Coastal General Variance
cc:
Jerry Ryan, Atlantic Survey & Design, PA, PO Box 770, New Bern, NC 28562
Tom Steffens, DWQ Washington Regional Office -
Tracey Wheeler, DCM Morehead City District Office, 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC 28557
File copy
Central Files
DWQ Project No. 03-0332
March 31, 2003
bz
Y ,
I OFFICE USE ONLY: Date Received Request #
State North Carolina WETLANDS/ 401 GROUP
Department of Environment and Natural Resources
Division of Water Quality,
MAR 2 0 2003
Variance Request Form - or Minor #F 1%If?1ECTION
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.
? Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 0213.0259)
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 0213.0243)
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):
Franklin and Sal Bulklev
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Franklin and Sal Bulklev
Title: Owner
Street address: PO Box 747
City, State, Zip: Truckee, CA 96160
Telephone: ( 530 ) 582-9249
Fax:
3. Contact person who can answer questions about the proposed project:
Name: Jerry Ryan
Telephone: ;_252_} 6336649
Fax: 252 514-2858
Email: asdmail earthlink.net
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot 218, Tobago Section 7, Part 1, Fairfield Harbour
Version 2: November 2002
5. Project Location:
Street address: 907 Coral Court
City, State, Zip: New Bern
County: Craven
Latitude/longitude: 35004'40" -76°58'14"
6. Directions to site from nearest major intersection (Also, attach an 8 Y/2 x 11 copy of the USGS
topographic map indicating the location of the site):
US 17 South to NC 55 South to NCSR 1600 (Broad Creek Road 6 mile right into entrance of
Fairfield Harbour, next right onto Caracara Drive, 2.3 mile then left onto Gondolier Drive 0.7
mile then left onto Coral Court. Left side of Cul-d-Sac
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest stream): Northwest Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or :0316 (Tar-Pamlico)]: 0315
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
No
CAMA Major
Yes No CAMA Minor
No? ____ _ 401 Certification/404 Permit
No On-site Wastewater Permit
NoNPDES Permit (including stormwater)
No _ Non-discharge Permit
No Water Supply Watershed Variance
No 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 ftz.]:
1,100 Sq. Ft. encroachment into Zone 2 (includes dwelling, porch, & steps) as shown on
attached plat
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:
Lot is too small for alternate plan
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.):
Maintain Silt fence during land disturbance and re-vegetation of grasses and new landscape
plants as soon as possible
Variance Request Form, page 2
Version 2: November 2000
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Lot would not be able to be utilized in a practical manor
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
Refer back to question 2 and enclosed plat for obvious self explanation
(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.
Refer back to all previous questions and enclosed plat for obvious self explanation
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): Jerry Ryan, Atlantic Survey & Design, PA
Mailing address: PO Box 770
City, State, Zip: New Bern
Telephone: 252 633-6649
Fax: 252 514-2858
Email: asdmail _earthlink.net
Part 5: Applicant's Certification
I, Franklin and Sal, 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 is form will be recorded with all required permit
conditions. J
ignature:
ate:
Title: Owner
Variance Request Form, page 3
Version 2: November 2000
ac THE PROPERTY SHOWN DOES FALL WITHIN THE FEDERAL, FLOOD
00, $ INSURANCE RATE MAP ONE HUNDRED (100) YEAR FLOOD PLAIN.
LEGEND
GondoBer Dr IPF - IRON PIPE FOUND h
RB - ReBAR FOUND b
IPS - IRON PIPE SET
3p MBS - MINIMUM BUILDING SETBACK
N DUE DRAINAGE AND UTILITY EASEMENT
- Lg. PINE TREE
m Treasure Cove
Harbour
D=43'00'59' R
L OCA 770N R=180.00
L=135.14
N rocM5 24' E
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CERTMATE OF 5MVEY AND AM RACY
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1, JERRY R. RYAN, CERTIFY THAT THIS PLAT WAS DRAWN UNDE:
MY WP ERASION FROM .1N AC-IUAL '_URVE( MADE UNDER MY
SUPERVISION, THAT THE RATIO OF PRECISION IS 1:15,000+, THAT
THIS PLAT MEETS THE MINIMUM STANDARDS FOR LAND SURVEYING
IN NORTH CAROLINA AS AMENDED. THAT THE BOUNDARIES NOT o
SURVEYED ARE SHOWN AS BROKEN LINES, THAT AREAS ARE BY `D
COORDINATE CALCULATION UNLESS SHOWN OTHERWISE, THAT THIS
SURVEY IS OF AN EXISTING PARCEL OF LAND AS DESCRIBED BY
DEED(s) and/or PLAT(s) SHOWN HEREON.
WITNESS MY SIGNATURE AND SEAL ? e x'• u 0I r o l l".
THIS 21st DAY OF February, 2003. `?\ CARn_/?/ si,,Pr
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Re5urvey + Proposed Plot Plan
Lot 218 - Tobago - Section 7 - Part 1
FAIRF/FLD HARBOUR
907 Coral Court
for
Franklin + Sal Bulkley
DATE- Feb 21. 2003 Atlantic Survey + Design, PA
JOB Noy 2176 1305 Owntry Glob Road
SCALES ' = New Barn. North Garohnn
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