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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 r\ r aC3 N O N 0 i i i i i i Neuse Buffer Rules Zones ft '4a 2 jcP ?orcx% / CdWe? /' \ Gona Drive encroaches 0.6' 11 r \r <, RF r / r 1 ' RFV 9 60' KC 00 doh Or ?rr? G ?F CERTMATE OF 5MVEY AND AM RACY i 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 --c' ^ Oq ? i 4 ??-b 04;N SEAL s l ? L 3302 ? o TYOR. S U0 1?RY R s"o/1........ t Nail In Bt1 P.8' Off#,, Lot 217 D=87'25'58' L R=50.00 L=76.30 5 47'02 54' W 69.11' / rr \ X X49 IPFk S r SB, ' ¢2• A6?9sr1.? Lot 216 Hag Nag i 1PF? i 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 o 0252.) 633-6649 r ad e moo, <::;;/:5 se- c 30 Ale X89, ¢f.3o /a 0 .?K ie /L,/ -?? ?,- `?? !?\ ", .? (a Q ?0 M? W