20031280 Ver 1_COMPLETE FILE_20031014

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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
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 17, 2003
DWQ Project # 03-1280
Beaufort County
Page 1 of 2
Steve and Susan Williamson
890 Grace Drive
Aurora, NC 27806
Subject Property: Lot @ Hickory Point 57 Service St., Hickory Point, Aurora, NC 27806
Pamlico River [03-03-07, 29-(27), SA HQW (High Quality Water) 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. Williamson:
You have our approval, in accordance with the conditions listed below, to impact approximately 1,100 square feet (ft2) of
Zone 2 of the protected riparian buffers for the purpose replacing a 24' x 32' house with a 24' x 44' house on the subject
property as described within your application dated October 6, 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 the variance 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. 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.
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 26 .0259(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/
Steve & Susan Williamson
Page 2 of 2
October 17, 2003
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 Tom Steffens at 252-946-6481 if -
you have any questions or require copies of our rules or procedural materials.
Sincerely,
Alan W. Klimek, P.E.
Director, DWQ
Attachments: Coastal General Variance
Certificate of Completion
cc: Tom Steffens, DWQ Washington Regional Office
DCM Washington District Office
File copy
Central Files
DWQ Project No. 031280
October 17, 2003
bz
OFFICE USE ONLY: Date Received Request #
State of North Carolina WETLANDS /401 GROUP e4,
Department of Environment and Natural Resources OC T - 7 2003
Division of Water Quality
OCT 14 2003 DWQ-WARD
Variance Re ue0oow - fo ces TY'VONI
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)
Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 0213.0259)
Li 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 (the corporation, individual, etc. who owns the property):
,Sfii° ve- 6-nci `?l l`x;? l1 tiU 1 I `IGl t?1 '?>t!l
2. Print Owner/Signing Official person legally responsible for the property and its compliance)
Name: > -C? n W i I I I a YYI `?c r1
Title:
Street address: 0L)(10 rcx(C_ DY 1 WC
City, State, Zip: h U(_ DY (A- l?C. ca 1 `/)C) (r
Telephone: ?- 5A - +--I
Fax: a5A .5a 11) - 5d 9
3. Contact person who can answer questions about the proposed project:
Name: ??u ?1 11 Lv l (Q, (}? ??(1 t1
Telephone:
Fax: L
Email:
Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance atgreements, etc.):
LU-t at N'I?k? r"y E-6111 61,5, Jhr?wn c" tcz?l?me??t
Version 2: November 2002
5. Project Location: ` ?-1 e - 11 J 1 t 3_
Street address: I X''1 u t H? I C -?- C-) VY 061 fl?{
City, State, Zip: I LLY ???" [? ?J C ?J/
County: tJ? ?- if ? Y i
Latitude/longitude: N 3 J? 1-11 ' I 1 1? " LO 7C4,` L1- I ' `-,(4'1
6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the USGS
topographic map indicating the location of the site):
7. Stream to be impacted by the proposed activity:
Stream n me (for unnamed streams label as "UT" to the nearest named stream):
rQrn i CC.) P--a v"e t'
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
7C CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
le,
Others (specify)
}1l c bV 11U 1 Y lC1
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 minimize or eliminate disturbance to the riparian buffers:
eC offac b1Y v')k_f #
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.):
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. JAL (? -4 4V
(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:
Fax:
Email:
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
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not or type name of person
Q X11 _
J I?? U ?J I l I ? ?P
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 accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
Date: / -, ?-
Title:
Variance Request Form, page 4
Version 2: November 2000
ATTACHMENT # 1:
DIRECTIONS TO PROPOSED PROJECT:
Highway 33 East to Aurora. Take Highway 306 North for approximately
Sa_ miles to ferry dock. Highway 306 ends here and SR 1004 begins
at the ferry dock. Continue on SR 1004 for approximately 4.5 miles. Take
gravel drive (Guilford Street) to your left. Take first turn to your right
(Service Street - this street is marked with a hand painted sign as "Sea Gull
Drive"). We are the 4`" house on the left facing the Pamlico River. It is a
brown wood house trimmed in burgundy with a blue tarp on the roof.
MAP OF GENERAL AREA:
ATTACHMENT #2
Part 2 Proposed Activity
Question# l :
DESCRIPTION OF PROPOSED ACTIVITIY
Hurricane Isabelle caused a pine tree to fall across our house on the Pamlico
River at the location shown on the attached map. The damage is such that
we feel it would be better to replace the house with a doublewide than to
remodel the existing house. This is a house that was built in the 1950's and
would require extensive remodeling. The house that is located on the
property is 24'x 32' and it is located forty-six (46') from the bulkhead on the
Pamlico River to the front wall of the house. The doublewide that we want
to replace it with is 24'x 44'. We would like to use the same footprint that
the existing house sits on with additional footage on both ends to allow for
the new house. Since the new house is the same width (24') as the existing
house, we would be the same distance from the river that we currently are.
We need to be located if at all possible on the existing footprint because of
septic tank restrictions and other concerns. We are currently approximately
six (6') or seven (T) feet from the existing septic tank system. However, if
we are asked to move back further, we would be on top of the septic tank
system. Additionally, the drain field runs directly out behind that.
We have discussed this situation with our neighbors on both sides and they
are in agreement with the proposed changes to our property. The forms
signed by both adjoining property owners are attached to the application we
have turned in to CAMA.
We understand that Division of Water Quality requires us to complete the
attached Variance Request Form - for Minor Variances, and in addition we
are to plant one (1) hardwood tree within the forty-six (46') buffer zone. We
plan to plant a tree after the permits are issued and the new house is placed
on the lot.
The total area of buffer impact is approximately 1100 square feet.
(The difference between what was being impacted and what will be
impacted after the new house is placed on the lot is approximately 300
square feet).
Questions #2:
This proposed activity cannot be practically accomplished or reconfigured
to better minimize or eliminate disturbance to the riparian buffers because
of the constraints with the septic tank system that exists on the lot and the
overall lot size as stated above.
Question #3:
Description of best management practices to be used to control impacts
associated with the proposed activity: We have agreed to plant one (1) tree
within the front forty-six (46') that faces the Pamlico River.
Question #4:
(1) Practical difficulties or hardships: Septic tank constraints and lot
size.
(2) Unique to this property: It is an existing septic tank system and we
are having to work around what is already there. In addition the
drain field runs directly behind the septic tank system as well.
(3) Economic hardships: Practical constraints are the main hardship in
that there is not another alternative that would work unless we can
relocate on the same footprint.
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