20030759 Ver 1_COMPLETE FILE_20030620

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Post-it' Fax Note 7671 Date ? X3 pages 'L
To
Co./Dept. 7
Co. a(,Jlk WVC"1fw.1?7
Phone # Phone #
Fax# LSZ??I?o?(Z15 Fax# I (,.)(? P CSf(N1?•?
July 3, 2003
Jerome J. Collins
117 Perquimans Drive
Chocowinity, NC 27817
Subject Property: 117 Perquimans Drive, Cypress Landing SD, Chocowinity, NC
Maple Branch [03-03-07, 29-6-2-1-7, C Sw NSW (nutrient sensitive)]
DWQ Project No. 03-0759
County: Beaufort
Page 1 of 2
APPROVAL of Tar-Pamiico River Buffer Rule (15A NCAC 02B .0259) AUTHORIZATION CERTIFICATE
Dear Mr. Collins:
You have our approval, in accordance with 15A NCAC 02B .0259 and any conditions listed below, to impact
approximately 700 ft2 of Zone 1 of the protected riparian buffers for the purpose of constructing a retaining wall to protect
five trees from an existing erosion problem at the subject property as described within your application dated June 13,
2003. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you
go ahead with your project including (but not limited to) Erosion and Sediment Control regulations.
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this authorization and approval letter 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
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC
2B ,0233(5).
2. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
3. Retaining Wall
The sole purpose of the retaining wall shall be to protect the five existing trees from an existing erosion problem and
not to create a level yard or some other similar purpose, unless otherwise approved by the DWQ. The retaining wall
shall not exceed five (5) feet in height. The backfill must not compromise the health of the existing trees.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer Impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 1508.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 213.0259. If you have
any questions or would like a copy of the buffer rules, please call [phone]. This letter does not authorize any
A
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
lent of Environment and Natural Resources
Alan W. Klimek, P.E., Director
5 Division of Water Quality
North Carolina Division of Water Quality, WETLANDS / 401 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/
O?0F W Ar?RpG A Michael F. Easley
Governor
r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
O Alan W. Klimek, P.E., Director
Division of Water Quality
July 3, 2003
DWQ Project No. 03-0759
County: Beaufort
Page 1 of 2
Jerome J. Collins
117 Perquimans Drive
Chocowinity, NC 27817
Subject Property: 117 Perquimans Drive, Cypress Landing SD, Chocowinity, NC
Maple Branch [03-03-07, 29-6-2-1-7, C Sw NSW (nutrient sensitive)]
APPROVAL of Tar-Pamlico River Buffer Rule (15A NCAC 02B.0259) AUTHORIZATION CERTIFICATE
Dear Mr. Collins:
You have our approval, in accordance with 15A NCAC 02B .0259 and any conditions listed below, to impact
approximately 700 ft2 of Zone 1 of the protected riparian buffers for the purpose of constructing a retaining wall to protect
five trees from an existing erosion problem at the subject property as described within your application dated June 13,
2003. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you
go ahead with your project including (but not limited to) Erosion and Sediment Control regulations.
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this authorization and approval letter 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
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC
2B.0233(5).
2. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
3. Retaining Wall
The sole purpose of the retaining wall shall be to protect the five existing trees from an existing erosion problem and
not to create a level yard or some other similar purpose, unless otherwise approved by the DWQ. The retaining wall
shall not exceed five (5) feet in height. The backfill must not compromise the health of the existing trees.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 150B.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0259. If you have
any questions or would like a copy of the buffer rules, please call [phone]. This letter does not authorize any
North Carolina Division of Water Quality, WETLANDS / 401 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), hftp://h2o.enr.state.ne.us/ncwetlands/
Page 2 of 2
impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers
(USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.
Sincerely,
Cglan W. Klimek, P.E.
NC DWQ, Director
cc: Lewis Woolard, Tarheel Landscaping, 4461 Privacy Lane, Washington, NC 27889
Tom Steffens, DWQ Washington Regional Office
File Copy
Central Office
DWQ # 030759
Date: July 3, 2003
bz
imap://bob.zarzecki%40dwq.denr.ncmail.net @nplex l .ncmail.net:143/
Subject: Re: tardies
From: Tom Steffens <[e-mail]>
Date: Wed, 02 Jul 2003 16:12:00 -0400
To: Bob Zarzecki <bob.zarzecki @ ncmail.net>
sounds good, have at it and I'll get back with you tomorrow,
yea, I was off last week, and dedicated dthis week to paper work and a
presentation on the buffers to the pamlico board of realtors..... it was a
good lunch!
Bob Zarzecki wrote:
didn't know that you were in Town ...hope you had a good vacation and are
planning a kick'n holiday-let me know about the Collins project
030759...your comments said that they need a 401, but they told me today
that they don't intend to fill any wetlands or waters...T think we can
issue it. since they are attempting to save trees from an erosion
problem ...agree? ...if so, I plan to write up tomorrow and fax to your
office ...they wanted to pick up the approval letter Monday...I told them
to not do any work until they got it....B
Tom Steffens wrote:
Bob,
working on these projects as we speak . will have comments by noon
tomorrow
toms
Tom Steffens <[e-mail]>'.
Environmental Specialist II
DENR/DWQ/WaRO
.401 Wetlands
1 of 1 7/2/03 4:15 PM
?, I OFFICE USE ONLY: Date Received
Request #
State of North Carolina ;s
Department of Environment and Natural Resources Juh
Division of Water Quality
Variance Request Form - for Minor Variances` OIL
Protection and Maintenance of Riparian Areas Rules Q
NOTE: This form may be photocopied for use as an original.
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)
u Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC .0259)
rdll 1. VCIIGial nnv?u?auv??
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
2. Print Owner/Signing Official (person le ally responsible for the property ana its compuance)
o? r?/l
?vs
i r
Name: - ?
?"
.
Title:
Street address
--
City, State, Zip: ?'????-?:?iwI %Y Al C-
Telephone:
2yo e.90
Fax:
3. Contact person who can answer questions about the proposed project:
Name: 004Vlep
Telephone: 41'6 z10,7_3
Fax:
Email:
4. Project Name (Subdivision, fa ility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
5. Project Location:
Street address:
City, State, Zip:
County:
Version 1: February 2000
l l 7 / [r;? F v S 9/y I,-b/"
f
Latitude/longitude:
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):
/7 < 13 )'aN - a^' LD Td ,•?ano 9,??/2 x,7.4 _
6`l Uw ./SL a L -VT
,oW, /?/ 6 wi v=v Gy16,?'u'Js ?aa -vr??6 T/i AV IL
7. Stream to be impacted by the proposed activity:
Stream name (for 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-Pamiico)]: 1°410 /i c 1>
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) J_
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 t _ I XU 4
ldvll?p A/0 rM, / d ,({1 /Ji S 'tiRd/Xl - ? _

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:
9 u sw -ty 0 /"O ..f.6 J 6902 &d r6'7 0"' p IvZ?' J la f o '04 d"'lI.
d /?U ??1%'
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.):
/
r " ?y/t/Arcb ") --T/ -
Variance Request Form, page 2
Version 1: February 2000
I
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.
(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:
City, State, Zip:
Telephone: _ s 7
Fax:
Email:
Part 5?.-Applicant's Certification
P.oll?1-5 _ (print or type name of person listed
in Part I, 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 accordanc ith Paq,5Af this form will be recorded with all required permit
conditions.
Signature: -Y
Date: vJ
Title:
Variance Request Form, page 3
Version 1: February 2000
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