HomeMy WebLinkAbout20110329 Ver 1_General Major Variance_20110405H-03a 9
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
"General" Major Variance Application Form -
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
u Neuse River Basin: Nutrient Sensitive Waters Management Strategy
/ Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
b Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant. The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 4011Wet/ands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
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):
a q&&) Cr k.?>,
2
3.
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name:
Title:
Street address: iev"
City, State, Zip:
Telephone:
Fax: e,
Contact person who can answer questions about the proposed project:
Name: Doue-- ?GfZMAn-)
Telephone: 20:2
Fax: :z I-)-) ? C z -- 7 ??
Email: e; rfn ra„ a -n to a A-7
htil`ar0r?'f. l c
"General" Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
X-P,--/,-1_-)_? n?t?D?.? r y /ioT Z-.e S J /
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6
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-Pamlico)]: 0
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
Active Connection to Sanitary Sewer System
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)
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.:
• J
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:
"General" Variance Application Form, page 2
Version 1: May 2001
Directions to site from nearest major intersection (Also, attach an 8 %x 11 copy of the portion
of the USGS topographic map indicating the location of the site):
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 -eln,
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
i
(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 (ind
Mailing address:
City, State, Zip:
Telephone:
"General" Variance Application Form, page 3
Version 1: May 2001
Fax: - 22°._.
.............
Email: c v J `f o. cr.?!1 E1cA-jhOCA1r9_ 1_ <c 11 I
Part 5: Applicant's Certification
i\. .v T. U- e e „ti 'a` "" {print or type name of person
_S 1) 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 pemait
conditions.
Signature:
Date:
Title:
`Genef-af variance Appficabon Form, gage 4
Versw 1: May 2001
General Major Variance Application Form Attachment
Lot 4 Section 1
Part 2: Proposed Activity
A four bedroom house on pilings with a conventional septic system all to be
located outside of the Tar/Pamlico Riparian Buffer. Impacts within zone 2 have
been limited to a small portion of the covered porch, the driveway, and a portion
of the walkway for water dependent use. Impacts within zone 1 have been
limited to the driveway access and a walkway for water dependent use. The
attached drawing shows in detail the proposed design and the numbers below
outline each impact in the buffers.
Zone 1 Impacts:
Wood slatted walkway = 81 sq.ft.
Driveway (turfstone pavers = 95 sq.ft.
Total =176 sq.ft.
Zone 2 Impacts:
Covered Porch = 505 sq.ft.
Wood slatted walkway = 60 sq.ft
DrivewayCturfstone pavers) = 234 sq.ft.
Total = 799 sq.ft.
2. The house has been limited to a total of 505 square foot of impacts within Zone 2 only.
The driveway will be shared with the adjacent property and constructed of turfstone
pavers that allow for some permeability.
3. Gutters will be installed to collect roof runoff and directed to cisterns that will be used
for irrigation and grey water use in the house. The walkway will be a wood open slatted
construction. The driveway will be constructed of turfstone pavers that allow for some
permeability. In addition the runoff from pavers will directed towards the vegetated side
yards for additional treatment.
4.
(1) A residence could not be constructed if a strict application of the rule was
applied to this lot. The hardship is due to the size, location and buffer
setbacks on the front and back of the lot. The original subdivision was
created without the Tar/Pamlico Buffer rules in place and therefore the
hardship created by the application of the rule will severely limit its use.
(2) The lot is unique because of the setbacks are affecting the property from the
front and back which has left a small area in the center to construct a home.
Every effort has been made to reduce the size of the home and avoid impacts in
zone 1 and reduced as much as possible in zone 2.
(3) The hardship is unique to this property because a strict interpretation of the
buffer rules would make the property un-buildable and significantly reduce the
property value to a fraction of its invested value. A significant amount of
money has been spent to purchase the property, construct a bulkhead with rip-
rap to protect from further erosion, Install water lines, and all fees associated
with permitting the aforementioned projects.
bow-, f
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-IRANSI t R -1 AX DAi.-S -'
1998
STATE OF
fjTH
N0 D
UNA
Mail after recording to Dwight H. Wheless PR
This instrument was prepared by Dwight H. Wheless`
110 lox 500, Manteo. North Carolina /9.)4
Preparer snakes no representation of quantity nor quality of title.
Brief description: Lot 4, Isaac & John O'Neal SiD (File #326)
Real Estate
Excise Tax
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made thi? 04 by and between
GRANTOR I GRANTEE
WILLIAM W. COCHRAN and wife,
BONNIE'. COCHRAN of
99 Starr Street
Phoenixville, PA 19460
The designation Grantor and Grantee as used herein shall include said patties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH that the Grantor, for valuable consideration paid by the Grantee, the receipt of which is herebv
acknowledged, has and by these presents does grant, bargain, sell and convey unto the grantee in fee simple, all that certain lot or
parcel of land situated on the Island of Ocracoke, OcracokeTownship, Hyde County. North Carolina and more particularly described
as lbllo?vs:
Known and designated as and being as shown and delineated on a map or plat of the O'Neal
Lands entitled "Division of Property of Isaac W. O'Neal Heirs and John W. O'Neal Heirs, situated on Ocracoke
Island, Ocracoke Fownship, Hyde County, North Carolina," said map or plat drawn by Robert D. Kramer,
Registered Surveyor, of Fiizabeth C'it}, North Carolina. said map or piai being formerly recorded in ;vlap hook i.
Page 115, Flvde County Registry, now recorded in Plat Cabinet A. Slide 98B, in the office of the Register of Deeds
of Hyde County, North Carolina, reference to which is hereby made for a more particular description thereof.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 124 at page 403, Dare Registn.
N map showing; the above described property is recorded in Plat Cabinet A at slide 9813.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the
irantee in Fee simple.
The Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee
simple. that the title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
Easements and restrictions of record:
Continued on Page 2 (Cochran to Geewax )
Pa<<e ? (Cochran to Geewax) (:} s s
IN WITNESS WHEREOF the Grantors have hereunto set their hands and *als the, days and ycarI#irsta vi vtiriten_
-r? .. -(SEAL)
r
--(SEAI,j
STATE Of
COUNTY OF
1, a Notary Public of the aforesaid State and County, do hereby certify William W. Cochran and
Bonnie Cochran. Grantors, personally appeared before me this day and acknowled fed the execution of the
foregoing document.
Witness my hand and seal, this the day of ..(? 0 Ali.
1995
(Legible signature of Notary Public)
OFFICIAL SEAL
My official seal is affixed or imprinted hereon.
My commission expires
NOR I'll CAROLINA. DARE C01;NTY
Hie torevoing eeilifieate(4) of
tw a : certifies( to be correct. This instrument and this certificate are duly rcoistered at the date and time in the Book and Page shown
ti the first page hereof.
Fora M. lip rd. Register of Deeds for Hyde County By:
Assistant Register of Deeds
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
(252) 261-7707 fax (252) 261-2965
June 28, 2011
Amy Adams
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
RE: Geewax Property Lot 4, Sec I - Variance Revisions
DWQ Project # 11-0329
Dear Mrs. Adams,
JUN 2 9 2011
On behalf of Mr. John Geewax, Atlantic Environmental Consultants (AEC) is submitting the
information you requested in your letter dated May 23, 2011, associated with the General Major
Variance application form for the aforementioned property located off O'Neal Drive in
Ocracoke, Hyde County, North Carolina.
The proposed residence is located a minimum distance of 5 feet from a wastewater system,
therefore the structure can not be moved back any further from its proposed position. The
existing ground elevation is approximately nine feet, and the proposed covered porches are to be
constructed three to four feet above the existing grade. The approximate FIFE would be 12 feet,
however the three to four foot elevation above grade would still be considered a buffer impact.
I have enclosed the Hyde County septic approvals for all the systems located on Lot 4, Section I.
As per NCDENR 15A NCAC 18A 1945 rules for sewage treatment, and disposal systems. If a
there is a recorded plat before January 1, 1983, and the system is no more than 480 gallons per
day, a repair area is not required. I have also included the requested Rainwater Harvesting O&M
Agreement, and an acceptance letter from NCEEP for the mitigation associated with the impacts
in the buffer.
If you have questions or need additional information please contact me at 252-599-2603.
Sincerely,
Douglas A. Dorman
Atlantic Environmental Consultants, LLC
E Rancemem
PROGRAM
June 21, 2011
John Geewax
129 Hicks Road
West Grove, PA 19390 Expiration of Acceptance: March 21, 2012
Project: John Geewax Property Ocracoke County: Hyde
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does
not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation for project impacts. It is the
responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You must also
comply with all other state federal or local government permits, regulations or authorizations associated with the ro osed activi
including SL 2009-337: An Act to Promote Compensatory Mitigation by Private Mitigation Banks.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.neeep.net.
Based on the information supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation are
summarized in the following table.
River CU Stream (feet) Wetlands (acres) Buffer I Buffer 11
Basin Location (Sq. Ft.) (Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri an Coastal Marsh
Impact Tar- 03020105* 0 0 0 0 0 0 176 799
Pamlico
*The NCEEP acceptance of these impacts is conditional. NCEEP will provide the riparian buffer mitigation in Tar-Pamlico CU
03020103, 03020104, or 03020105. Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation.
The mitigation will be performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem
Enhancement Program In-Lieu Fee Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919) 716-1921.
Si rely,
Wi 'am . Gilmore, PE
Dire
cc: Karen Higgins, NCDWQ Wetlands/401 Unit
Josh Pelletier, USACE-Washington
Amy Adams, NCDWQ-Washington
Doug Huggett, NCDCM-Morehead City
Doug Dorman, agent
File
Rmtorl i' tg... 'E... pro", ow fta&
Affi-
FUm
M
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-04761 www.nr.eep.net
HYDE COUNTY HEALTH DEPARTMENT
P.O. Box 100 swan Quarter, NC 27885
Phone # (252) 926-4380
IMPROVEMENT PERMIT
INITIAL INSTALLATION: XXX EXPANSION: REPAIR:
Permit No: 5911-2 Date: May 9, 2011
Permittee: john Geewax
Address: 129 Hicks Road, West Grove, Pa. 19390
Phone No.: (252) 599-2603
Property Location: Lot #4 Section 1, Issac W. & John W. O'Neal Heirs
Facilities to be served: 4 bedroom house
Water Supply: community
Wastewater Flow GPD: 480
Wastewater System Type: II-c, shallow placement
Wastewater System Repair: NA
Long Term Acceptance Rate: 1.0 gpd/sq.ft.
Absorption Area: 720 sq.ft.
Septic Tank Capacity: 1000 gallons with filter
Pump Tank Capacity: NA
Total Bed/Trench Length: 40' Width: 18'
Bed/Trench Spacing: Ton center
Maximum Bed/Trench Bottom Depth: 12" below the existing fill surface
IMPROVEMENT PERMIT
JOHN GEEWAX
PAGE 2
CONDITIONS:
1. Installation of the wastewater system shall be in strict accordance with the
approved site plan and all specifications included in this permit.
2. Place geotextile fabric over the rock bed prior to backfilling.
3. Place a 6" cap of soil (the last 1" to be topsoil) over the drainfield to extend 31 past
the bed sidewalis prior to tapering. Shape to shed surface water and establish a
grass cover. Maintain grass height not to exceed 3"-4".
4. Use water conserving fixtures i.e. 1.6 gallon flush toilets, 2 gpm shower heads, 1
gpm all lavatories. Try to spread out laundry loads during the week. Do not pour
grease or harsh cleaning chemicals into the house drains.
*****************************
This Improvement Permit shall be valid:
Without expiration
upon a showing satisfactory to the Hyde County Health Department that the site and soil
conditions are unaltered, that the facility, design wastewater flow, and wastewater
characteristics are not increased, and that a wastewater system can be installed that
meets the permitting requirements in effect on the date this permit was issued. This
permit is subject to revocation if site plans or the intended use changes.
Authorized
Registered Environrfiental Health Specialist
Hyde County Health Department
HYDE COUNTY HEALTH DEPARTMENT
P.O. Box 100 swan Quarter, NC 27885
Telephone No. (252) 926-4380
DIVISION OF ENVIRONMENTAL HEALTH
AUTHORIZATION FOR WASTEWATER
SYSTEM CONSTRUCTION
Installation: XXX Expansion: Repair:
Permit #: 5911-2 Date: May 9, 2011
Owner: John Geewax
Address: 129 Hicks Road, West Grove, Pa. 19390
Phone No.: (252) 599-2603
Property Location: Lot #4 Section 1 Issac W. & John W. O'Neal Heirs, Ocracoke
No. of Bedrooms: 4
Business (No. of people, seats, etc.): 8 max.
System Classification: II-c, shallow placement
Wastewater Flow: 480 gpd
Water Source: community
AUTHORIZATION FOR WASTEWATER
SYSTEM CONSTRUCTION
JOHN GEEWAX
PAGE 2
CONDITIONS:
1. Installation of the wastewater system shall be in strict accordance with
Improvement Permit #5911-2.
This Authorization For Wastewater System Construction shall be valid for 5
years from the date of issuance.
Z-4 :W OE
Reg trvironmentfif Health Specialist Date
June 6, 2011
North Carolina Department of Environment and Natural Resources
Washington Regional Office
Division of Water Quality/Surface Water Protection
Attention: Ms. Amy Adams (for Director Coleen H. Sullins)
943 Washington Square Mail
Washington, NC 27889
Re: Geewax Property - Lot 4, Section 1
Dear Ms. Adams:
JUN 9 2011
I am in receipt of your letter dated May 23, 2011 which I received on May 26, 2011. 1 am forwarding the
information to my attorney, and she will be in touch with you.
Thank you very much for your thoughtful reply.
Respectfully,
Cc: Ms. Amy Wang, Esquire
John J. Geewax
129 Hicks Road
West Grove, PA i939o
(61o) 869-4750
Permit Number:
(In hc• provided b ' v D11 O!
DrainaL,e Area Number:
Roof Water Runoff Control System
Operation and Maintenance Agreement
I will keep a maintenance record on this BIv1P. This maintenance record will be kept in a
lot; in a known set location. Anv deficient BMP elements noted in the inspection "Yill.liv,_.
corrected, repaired or replaced immediately. These deficiencies can affect the integr4
of structures, safety of the public, and the removal efficiency of the BMP.
Important maintenance procedures:
The roof area will be maintained to reduce the debris and sediment load to the
system. Excess debris can clog the system and lead to bypass of the design
storm, and reduced reuse volume.
To ensure proper operation as designed but cognizant of Ocracoke Island's
Limitations, a licensed Professional Engineer, Landscape Architect, or other
qualified maintenance person will inspect the system annually.
The system components will be repaired or replaced whenever they fail to
function properly.
The system is designed to provide drip irrigation and water to flush toilets and
not be the primary source of potable water.
JUN 2 0 2011
The system will be inspected by the owner/ operator at least quarterly and within 24
hours after each major rain event (defined in coastal areas as 1'/z inches). Records of
operation and maintenance will be kept in a known set location and will be available
upon request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
BMP element: Potential problems: _
The entire system A component of the system is
damaged or leaking.
Water is flowing out of the
I overflow pipe during a
design rainfall or smaller
(usually a 1.5" rainfall).
The captured roof area Excess debris or sediment is
present on the rooftop.
The gutter system Gutters are clogged, or -water
is backing up out of the
utter system. _
Rooftop runoff not makine it
How to remediate the problem:
Make any necessary repairs or replace if
damage is too largo for repair. i
Check system for clogging and damage. Repair
as needed so the design volume is stored
properly without discharging during a design
storm.
Check that the pump is operating properly and
that the water is actually being used at the
volume designed.
If it is still not operating properly, then consult
an expert.
Remove the debris or sediment as soon as
vossible.
Unclog and remove debris. May need to install
gutter screens to prevent future clogging.
Correct the positioning or installation of kutters.
Form S%V40I-Raimvater Ilarvesting O&M-Rev.I Page 1 of 3
into gutter system.
Pennit Number:
(to he prm-ided h - DtVOf
DrainaL,e Area Number:
Replace if necessary to capture the roof runoff.
BMP element: Potential problems: How to remediate the problem:
The pump Pump is not operating Check to see if the system is clogged and flush if
properly. necessary. If it is still not operating, then
consu It an expert.
The overflow pipe Erosion is evident at the Stabilize immediately.
overflow discharge point.
The overflow i is clogged. Unclog or replace if it cannot be unclogged.
The outflow pipe is damaged. --
Repair or replace the pipe.
The secondary water Not appropriate NA
supply
The cistern Sediment accumulation of 5% Remove sediment.
or more of the design volume.
Algae growth is present Do not allow sunlight to penetrate the cistern
inside the cistern. Treat the water to remove/ prevent algae.
Mosquitoes in the cistern. Check screens for damage and repair/ replace.
Treat with'mos uito dunks' if necessarv.
The screens and filters
Debris and/or sediment has _
Search for the source of the debris/sediment
accumulated. Screens and and remedy the problem if possible.
filters are clogged. j Clean/clear debris/sediment from screen or
_-_--------_----._..---_-___-? --------.___--------- -_- 1 filter. Replace if it cannot be cleaned.
Form SW401-Raimvater Ilarvestin- O&M-Rev.I Pa-e') of
Permit Number:
,,to he t7rovitletl h_t' Uii'U_ )
t)rainaae Area Number:
1 acknowledge and agree by my signature below that I am responsible for the
performance of the maintenance procedures listed above. I agree to notify DWQ ofany
problems with the system or prior to any changes to the system or responsible party.
1001'pct name:
B.VP th-ainage tw a milnhel.:
Print name: John J. Geewax
Title: Owner
.Address: 12
Phone: 610 -:869-4750.x'
Signature:
/, i_,
Date: June26, -1011 Note: The legally responsible party should not be a homeowners
association unless more than 500o of the lots have been sold and a resident of the subdivision has been
named the president
a Notary Public for the State of
?j; County of
.? t.,(17 do hereby certif\ that
personally appeared before me this
day of and acknowledge the due execution of the
forgoing rooftop management maintenance requirements. Witness my hand and official
seal.
?.._.
?.a/lAPill1? W?/r'1?L.?'ipl't?
OF [i?i+NNS t LVAMA
NOTARIAL SEAL
Leslie Argo Beebtd, NoWy )PW*c
W Medbmoagb Twp, amw Comfy
M commission ex ' March 23, 2015
SEAL
My commission expires
Form SW401-Rainwater Harvesting O&M-Rev. I Page 3 of 3