20090055 Ver 1_Complete File_20090505

Resources
Beverly Eaves Perdue
Governor
Coleen H, Sullins
Director
Dee Freeman
Secretarv
Bernard Hollowell
P. O. Box 218
Bayboro, NC 28515
DWQ Project # 2009-0055
Pamlico County
Page 1 of 3
Subject Property: Lot #15, Phase 2, Whittaker Pointe s/d - 3017 Maritime Dr.
Whittaker Creek, Neuse River Basin; 03-04-10; 27-130; SA; HQW; NSW
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A
NCAC 2B.0233(9)(b)]
Dear Mr. Hollowell:
You have our approval, in accordance with the conditions listed below, to impact
approximately 595 square feet (ft) of Zone 2 of the protected buffers to construct a
single-family dwelling at the subject property as described within your variance request
dated January 13, 2009 and received by the Division of Water Quality (DWQ) on January
14, 2009. This letter shall act as your Minor Variance approval as described within 15A
NCAC 2B .0233(9)(b). This approval is a renewal of the approval given in DWQ Project
# 2003-1480 issued on January 30, 2004. In addition to this approval, 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 and
Division of Coastal Management regulations.
This approval is 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(s) must be given a copy of this
variance approval and is thereby responsible for complying with all conditions. This
approval requires you to follow any conditions listed below.
North Carolina Division of Water Quality Internet: www newatergualitv_org
943 Washington Square Mall
Washington, NC 27889 Phone: [phone]
PAX 252-946-9215
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
May 5, 2009
NorthCarohna
?atizF li
Page 2 of 3
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No
other impacts are approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Buffers 595 ft (square ft.) west corner of homesite
2. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B
.0233(6)) shall occur to Zone 1 of the protected riparian buffers unless otherwise
approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless
otherwise approved by the DWQ.
2. Buffer Mitigation (NCEEP)
You are required to mitigate for impacts to the protected riparian buffers. The
required area of mitigation to compensate for impacts to the protected riparian buffers
is 892.5 square feet as required under this variance approval and 15A NCAC 2B
.0233. If you have previously completed this mitigation requirement as part of your
previously approved variance, please provide this office documentation verifying that
you have met the mitigation requirement. If not, you should contact the Ecosystems
Enhancement Program (NCEEP) to coordinate securing mitigation credits.
The DWQ will also accept an alternative method of mitigation pursuant to the Buffer
Mitigation Rule (15A NCAC 02B .0242) to satisfy this mitigation requirement. If
you choose to pursue this option, then you are required to submit in writing a
mitigation plan to the DWQ 401 Oversight/Express Permitting Unit for review and
approval. No impacts shall occur to the protected buffers until the mitigation plan is
approved by the DWQ.
3. 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 surface waters as identified within 15A NCAC 2B .0233(5).
4. 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
Page 3 of 3
to return the attached certificate of completion.to the 401 Oversight/Express
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked
with orange warning fencing (or similar high visibility material) for the areas that
have been approved to infringe within the buffer, wetland or water prior to any land
disturbing activities to ensure compliance with 15A NCAC 2B .0233.
Requests for appeals of this decision shall be made to the Office of Administrative
Hearings. 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 which 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. This Minor Variance Approval shall expire five (5)
years from the date of this letter.
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 Chris
Pullinger of the Washington Regional Office at 252-948-3920 or Amy Chapman of the
DWQ 401 Oversight/Express Unit at 919-715-6823 if you have any questions or require
copies of our rules or procedural materials.
Sincerely,
for Coleen H. Sullins
Enclosures: copy of approved plat
Certificate of Completion
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead
WaRO File Copy
Filename: 2009-0055
01/2812009 13:52 2527455917
Hollowell Hollowell
Attorneys At Law
203 MAIN STREET
POST OFFICE Box 218
BAYBORQ, NORTFI CAROLINA 2$515
BERNARD 8. HOLLOWELL, JR.
BERNARD B, HOLLOWELL
RETIRED
PAGE 01103
PLEASE DELIVER THE FOLLOWING PAGES TO:
NAME: A>,4- q C-
FAX NUMBER: =1 4& - G- l
FROM: HOLLOWELL & HOLLOWELL
REFERENCE: PP
DATE: TO-9 TIME: -
COMMENTS:
IF YOU pct NOT RECEIVE ALL OF THE PAGES, OR HAVE ANY PROOLEM RECEIVING THIS
TRANSMISSION, PLEASE CALL [phone] AND ASK FOR:
Number of pages including cover sheet: Original to follow via U.S. Mail' YES NO
NOTICE: The Information contained in this facsimile transmission Is attorney priviioged and confidential Information
intended only for the usa of the individual or antity named above. If the reader of this message Is not the Intended recipient,
you are hereby notified that any dissemination, distribution or copy of this communication Is strictly prohibited. If you have
received this communication in arror, please notify us immediately by telephone and return the original message to us at the
above-named address via the U. S. Postal Service.
Facsimile completed by:
(Initials) (Date) (Time)
01/28/2009 13:52 2527455917
N!AT-
O Q.
J 7.
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 2, 2004 14,
oWo # ate'
Pamlico County
Page 1 of 2
Renard Hollowell
LSO Box 218
Bayboro, NO 28515
Phase 2, Vyh'ttaker Pointe Subdivision, 3017 Maritime Dr., Oriental, NC 28571
Subject Property. Lot # 15, water) NSW (nutrient sensitive)]
Neuse River [03-04-10, 27-134, SA HOW (high quality
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B .0233(9)(b)]
Dear Mr_ Hollowell:
You have our approval, in accordance with the conditions dweiln g below, to impact approximately 595 square at the subject property as described within eyoufr?) of
lone 2 of the protected buffers to construct the proposed 9
variance request dated October 5, 2003 and received by the givision of Water Quality (DWQ) on bN° in addition o0this
This letter shall act as your Minor Variance approval as described within 1$A NCAC 2B .0233(`3)( )•
approval, 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 and CAMA 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(s)
must be given a copy of this variance approval and is thereby responsible for complying with all conditions. For
this approval to be valid, you must follow any conditions listed below.
Conditions:
No Iona 1 Impacts
occur to Zone 1 of surfaces shall be added to
No impacts (except for "exempt" uses as identified
the DWO, No impervious
protected riparian buffers unless otherwise approved by
Zone 1, unless otherwise approved by the DWO.
Diffuse Flow
directed as diffuse flow at non-erosive velocities additional conditionrs is that and will not e-concentrae ebefore
pr discharging into he stream as identified within 15A he
protected stream buffers
NCAC 213.0233 (5).
3. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Suffer R does, and
any subsequent modifications, the applicant is required to return the attached certificate of completion
4011Wetiands Unit, North Carolina Division of Water Quality, 1$50 Mail Service Center, Raleigh, NC, 27699-1650•
4. Buffer Mitigation (on-site Restoration) -
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 892.5 square feet as required under this Minor
Variance Approval and 15A NCAC 213 .0233. The DWO has determined that you may satisfy this mitigation
PAGE 02103
Michael F. Easley, Governor
William o. Ross Jr., SecratarY
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
faivlsion of water Quality
North Carolina Division of vVeter Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh. NO 27699-1650 (Melling Address)
2321 Crabtree Bl?d_, Raleigh, NO 27604-2264 (LACation)
of a."•aq-17RP, fnhonel. 919.733-5893 (fax), http://h2o.enr.state.nc,usJncw9tJands1
01/28/2009 13:52 2527455917 PAGE 03103
Benard Hollowell
Page 2o'f2
January 30, 2004
requirement by planting at least six (6) native woody trees and fourteen (14) native woody shrubs within theretained portions of the protected buffers. You must ensure their survival for a period of a least five (5) years.
You are required to replace any of these trees or shrubs that die within this five (5) year period. You are required
to provide proof in writing that the trees have been planted within one year of the date of this letter. The proof of
plantings shall be submitted to the Wetlands/401 Unit and copied to the Washington Regional Office.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. 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 which conforms to
Chapter 1508 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. This Minor Variance Approval shall expire five (5) years from the date of this letter.
(919) 733972G f yoiRiparian et fons or Protection
This letter completes thebreview
re copies
e cl Mr, Bob Za zeckki atQuality u have any qu
[15A NCAC 2B .0233(9)()]. PIas
of our rules or procedural materials.
Sincerely,
cc: Kris Nixon, PLS Nixon Surveying, PO Box 399, C
Tom Steffens, DWQ Washington Regional Office
File copy
Central Files
J_ Kli 'PE,
)r, DW O
I, NC 26571
DW Q031480
January 30, 2004
bz
90090
OFFICE USE ONLY: Date Received-— _..__Request # ___-___.
State of North Carolina
Department of Environment and Natural Resources
14 Division of Water Quality
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original.
Please identify which Riparian Area Protection Rule applies.
xx 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)
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):
Whittaker Point Properties, LLC
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Bernard B.Hollowell, -Jr .?--
Title: Member/Manager
Street address: PO Box 218 --
City, State, Zip: Bayboro, NC 28515
Telephone: X52___)_745-5115_ ---
Fax: (25 2 ) 7 4 5 - 5 917 __ -___v^____
3.
Contact person who can answer questions about the proposed project:
Name: Bernard B. Hollowell, Jr.-_("Ben"i
Telephone: ??) 74 .. 5 - 5115 --_-?_-_
Fax: (252 _)745-5917 Email: - -- ---- -- -- - -- -- T
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Whittaker Pointe Subdivision -_Lot 22
5. Project Location:
Street address: .3017-Maritime Drive
City, State, Zip: Qr i Pnt?1.? --
County: Pamlico
Latitude/longitude: K3 5 0 2' 0 0 "_W 7 6 4 0' 0 0"`
Version 1: February 2000
6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the USGS
topographic map indicating the location of the site):
From Oriental, north on NC Hwy 55, turn right onto Straight
Road 1/4 mile, turn right onto White Farm Road (NCSR 1349).
Follow road to end, it becomes Maritime Drive. Lot on water
to left. Vicinity map provided on site plan. _
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Neuse River and Whittaker Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: Neuse River: SA; HWQ, NSW
Whittaker Creek: SC; HWQ, NSW
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)
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 W.:
A single-family dwelling to be built on-site. Area of
disturbed buffer zone 2: 595 square feet
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:
Due to configuration of the property and the existing easement
along the eastern boundary, some disturbance of the buffer in
zone 2 will be necessary to construct a home on this property.
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.):
Residential structure will be designed to diffuse flow from
impervious areas such as roofs. Re-vegetation and planting
around dwelling post-construction will control long-term impact.
Silt screening protection will contain sediment during the
construction phase.
Variance Request Form, page 2
Version 1: February 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.
Strict application of the buffer in this instance will create
a parcel that a dwelling cannot be bui
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The property configuration includes an existing (:Lek?s easement
limiting the proximity of construction to the eastern line.--
__ wetland_f__inger on? the__adlacen_t_ lot_causes _t_he
Furthermore, the
buffer tc enclose much of the site.
(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.
If_there _ i_s_ not variance to the buffer rule in this
construction on the _lot will not`b_e possible and the lot
will be valueless.
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
(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 accordance with Part 5 of -Zr will be recorded with all required permit
conditions. . / _ .el-,*
Signature:
Date: _
Title: L.t?
f
Variance Request Form, page 3
Version 1: February 2000
BERNARD B. HOLLOWELL, JR.
BERNARD B. HOLLOWELL
RETIRED
Hollowell &Hollowell
Attorneys At Law
April 23, 2009
01 - C)
PAJ11 11-6
TELEPHONE [phone]
FACSIMILE (GENERAL) 252-745-5917
FACSIMILE(REAL ESTATE) 252-745-81 58
[e-mail]
APP 2 4 2009
Mr. Al Hodge
North Carolina Division of
Water Quality
943 Washington Square Mall
Washington, NC 27889
Dear Al:
203 MAIN STREET
POST OFFICE BOX 218
BAYBORO, NORTH CAROLINA 28515
Re: Whittaker Point Properties, LLC
Lot 22 - Minor Variance
This is a follow-up to my letter of January 13, 2009. Do you
need any additional information in connection with my renewal?
Sincerely,
LLOWELL,
/I
lowell, Jr.
BBHjr:jzh
S711A HT RD.
NOTES

1. SURVEYOR HAS MADE NO INDEPENDENT SEARCH OR INVESTIGATION FOR
RIGHTS-OF-WAY OR EASEMENTS OF RECORD FOR STREETS, HIGHWAYS,
PUBLIC UTILITIES NOR FOR ENCUMBRANCES, RESTRICTIVE COVENANTS,
OWNERSHIP, 77TLE OR ANY OTHER FACTS THAT A CURRENT TITLE
SEARCH MAY DISCLOSE. L
2.
JECT TO LAND-USE AND WATERSHED LAWS AND
PROPERTY IS SUB
T
U
BEEN
SUCH REEGULA 0NS HAS NO
CAROUNA. COMPLIANCE WITH
CONSIDERED BY THIS.SURVEY.
S1 TE
3. T1 IS PROPERTY LIES IN A FEMA DESIGNATED "ZONE A5 (EL 8)" AS
SHOWN ON FIRM 370279 0002 B, DATED DECEMBER 4, 1985. EUSE RIVER
4. THIS SURVEY PLAT DOES NOT CREATE A SUBDIVISION.
LOCH TION MAP
5. ALL DISTANCES ARE HORIZONTAL. NOT TO SCALE
6. IRON ROD WITH CAP SET AT CORNERS UNLESS OTHERWISE NOTED. REFERENCE
7 AREA BY COORDINATES \ LEGEND
\ D.B. 345, PG. 461
MEANDER LINE TABLE
LINE LENGTH BEARING
L l 7.75' S08 26'04 E
L2 53.83' S28 5723"W
L3 54.52' S7103'13"W
L4 132.84' N80'14'40"W
L5 51.64' S71'4528"W
L6 72.21' S4300'00"W
L7 69.09' S22 40'35"W
L8 15.00' N30 59'30 "W
L9 43.39' N485747'E
L10 49.47' N29 44327"E
L l l 24.32' N15-48'40"E
.A ? P.C. A, SL 121-8
O EIP = EXISTING IRAN PIPE
\ \ \ • NPS = NO POINT SET
\ r? \ OO NIR = NEW IRON ROD
R/W = RIGHT OF WAY
mwwvmwt 6 "on
/ ` 'OA p \
Ouelitv
D!vWw Of Water
F
qos?
min B :f
El
Q) o *1
?0'? w
PROPOSED
/ 0 41 I ENCROACHMENT INTO ZONE 2
595 SQ. FT.
/ LOT 23
NOTE A l 20' ACCESS AND
10' RESERVED AREA BETWEEN TAX ID: J083-38-23 EIP UTILITY EASEMENT
NORMAL WATER LEVEL OF (\
CREEK AND LOT BOUNDARIES. a N \
(TO BE RETAINED BY LOT 15
WHITAKER POINT PROPERTIES LLC)
TAX ID:
co A lo83-38-15 \
DELINEATED COASTAL
MARSH LINE U)
NRC
-{ \ (SEE NO TE A) ul? °
D 19 soo Ri
rn ??` / 1 PROPOSED
0, HOME-SITE
AEC dL, I co
NRC,! LOT 22 ?? .._? .._,.... E?
WATER LINE dREA:
l 87, 038 SQ. FT ' L? I N rb 4 1 e
p 1.998 ACRES
v il?lc! i? C 4'li` a
L5 -. ?3 50' RIPARIAN
9 0 .? BUFFER ZONE
jNRC NEUSE R/VER MEAN HIGH WATER TOTHIS WNLOF ORIENT ALOWATER
IS PROPERTY LINE
AND SEWER SYSTEMS.
A uIAninco I PAlc _.._.._ _.,.,. -_?