20080485 Ver 1_Minor Variance_20080317

• OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
,, ~.
Variance Request Form -for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form maybe 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 O2B .0259)
^ Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 026.0243)
Part 1: General Informa#ion
(Please include attachments if the room provided is insu~cient_)
1. Applicant's name (the corporation, individual, etc. who owns the property):
Olde Town Subdivision, LLC
2. Print Owner/Signing Official {person legally responsible for the property and its compliance)
Name: Lonnie E. Pridaen, Jr.
Title: Nfanager and _ Partner
Street address: P. 0. Box 907
City, State, Zip: New Bern, N. C. 28560
Telephone: [phone]
Fax: t 252) 637-3117
3. Contact person who can answer questions about the proposed project:
Name: Edward B. Latham, P.E., P.L.S.
Telephone: 252 } 637-4265
Fax: 2{ 52) 637-4265
Email: edwardlathamhsdC~mbargmail. com
4. Project Name (Subdivision, facility, or-establishmen# name -consistent with project name on
plans, specfications, letters, operation and maintenance agreements, etc.):
Olde Towne Landina
Version 2: November 2002

5. Project Location:
Street address: Batts Hill Road
City, State, Zip: New Bern, N. C. 28562
County: Craven
Latitude/longitude: 35°04' 53"N 77 03' 40"W
6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS
topographic map indicating the location of the site):
In New Bern, take Pembroke Road (Countrti Club Road) exit from U S 70 Bvnass;
Follow Country Club Road (S R 1200) southwestwardly for 1 1 miles• Turn left
.onto Batts Hill Road and follow it for 0.55 miles to a roundabout at the
intersection of River Lane; The project is on the left.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as °UT° to the nearest named stream):
Trent River (Tributary of the Lower Neuse River)
Stream classfication [as identified within the Schedule of Classfications 15A NCAC 2B
.0315 (Neuse) or .0316 (Tar-Pamlico)]: ~; NSW 27-101-39
8. Which of the following permits/approvals will be required or have been received`already for
this project? __..
Required: Received: Date received: Permit Type:
X CAMA Major
CAMA Minor
X 401 Certification/404 Permit
On-site Wastewater Permit
X X 02/20/2008 NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
X Others (specify) Erosion & Sedimentation
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 canying
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.]:
We propose to construct 4 wood pier walkways, 6 feet wide, across the 50
foot Riparian Buffer to provide access to the wood dock which is ro sed
adjacent to the existing bulkhead along Olde Towne Channel.The total surface
area of the portion over the Riparian Buffer is 1200 sci.ft.
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:
Without the wood pier walkways, there would be no t~edestrian access to the
wood dock along Olde Towne Channel. We have minimized the number of walkways
from 8 to 4 and we have reduced the width of each walkway from 8 feet to
6 feet which we feel is the minimum width for safety.
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 ~.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, a#c.):
-The Riparian Buffer area will be graded to eliminate any channelized flow
and to establish diffuse flow through vegetated surfaces. The .Zone 2 area
will be sodded and the Zone 1 area will be planted with native grasses,
shrubs and trees from the list shown on the plans, Level Spreaders will
be utilized as shown on the plans to diffuse drainage-from pipelines.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
There would be no water access for the subdivision. We are required to
fill the site beyond the Riparian Buffer to an elevation established by
FEMA. In order to avoid filling the Riparian Buffer, we propose a stone_
bulkhead, one foot beyond the 50 foot Riparian Buffer Line which is an
average of 3 feet high, preventing practical pedestrian access.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The property varies from Elev. 2 feet to 3 feet, except where it borders
the adjacent properties. Unless the property is filled to a minimum of
7 feet at the buildincfsites, the property would be worthless for
residential purposes. Where is no access to Olde Towne Channel without
crossing the Riparian Buffer.
(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 access to Olde Towne Channel across the Riparian Buffer is not allowed,
the property has
water frontage,
$ 1.8 million, a
value only as a property without
~erty wool r u y approximately
ve.
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 wilt be recorded prior to the
sale of any lot. The Riparian Buffers are in Limited Common Areas, which will be
controlled and permanently maintained by the Homeowner's Association.
Part 4: Agent Authorize#ion
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): Edward B. Latham, P.E. , P.L.S.
Mailing address: 3412 Windsor Drive
City, State, Zip: New Bern, N. C. 28562
Telephone: [phone]
Fax: [phone]
Email: eslwardiathanr5 m remail com
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000

1, Lonnie E. Pridgen, Jr. (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 this form will be recorded with all required permit
conditions.
Signature:
Date:
Title:
Variance Request Form, page 4
Version 2: November 2000

EROSION AND SEDIlVIENTATION CONTROL PLAN NARRITAVE
AND CONSTRUCTION SEQUENCE
OLDS TOWNS LANDING
Project Description:
The purpose of the project is to construct a single family residential subdivision with associated
roads, utilities and water access. Approximately 3.66 acres will be disturbed during this
construction period. The site is 8.376 acres located in New Bern, N.C. adjacent to Trent Woods
in No. 8 Township of Craven County (see Vicinity Map ).
Site Description:
The Site is flat topography with slopes of 0.05 % to 1.00 %. The site is now covered with
volunteer maple, sweet gum, water oak and loblolly pine trees and wax myrtle and Chinese privet
shrubs and native ground covers. There is no evidence of erosion under present site, conditions.
Adjacent Property:
The land use in the vicinity is single family residential dwellings on three sides. Olde Towne
Canal borders on the east and undevelopable marshes beyond are preserved.
Soils:
The existing topsoil on the property is sandy loam and organic wetland sediment, both of which
vary in depth from 6 inches to 18 inches. The existing lakes/ponds are manmade and were
excavated approximately 30 years ago. The underlying layer is fine to medium sand down to the
marl stone layer which underlies most of the area. The area within the construction limits (3.66
acres) will be filled with medium graded sand from a commercial source hauled to the site and
placed at a depth of 3 to 6 feet and compacted. All construction activity will be on the filled
area.
Planned Erosion And Sedimentation Control Practices And Construction Sequence:
1. Silt Fence
A temporary silt fence will be constructed around all areas to be disturbed, along the 50 foot
Riparian Setback Line and around the construction limits adjacent to the lakesfponds. This fence
will be removed after permanent erosion control measures are installed.

2.
2. Clearing and grubbing of the construction limits will be done and all clearing and grubbing
material will be hauled from the site and disposed of in permitted commercial disposal areas.
3. Stone Bulkheads
The stone bulkheads along the 50 foot Riparian Setback Line and the wetland boundaries of Lots
1,2,10,11 & 12 will be constructed .
4. Level Spreader:
The two concrete level spreaders left of station 2+00 Line L-2 will be constructed
5. Perform Riparian Restoration Planting, Ground Cover and Sod:
Plant Trees, shrubs, ground cover and sod in accordance with NCDENR requirements, and as
shown on the plans. Maintenance will be as stipulated on the plans and in the permit.
6. Fill Placement: _- -
Non-plastic, sandy fill will be placed to an elevation of 6.0 to 7.0 feet and fine-graded to final
contours. Soil samples will be taken to determine lime and fertilizer rates and lime an fertilizer
will be applied at those rates and mixed into the top 4 inches of the fill where sod is to be placed.
Centipede sod will be placed on all finished lawn surfaces and slopes and watered, as needed,
until established. If construction is interrupted, or if final contours are not completed, temporary
seeding and mulching will be performed within 21 days at the types and rates outlined in the
"Erosion Control Specifications".
7. Shoulder Berms:
Construct shoulder berms at the shoulder point along the street boundaries not adjacent to any
lots with temporary dounspouts discharging through erosion control stone. The shoulder berms
will be removed after curb and gutters are installed and the temporary downspouts and erosion
control stone will be removed when the curb outlet swayle is completed left of station 4+40 Line
L-1 and the catch basins are completed and inlet protection installed.
8. Install all pine crosslines and catch basins:
Install pipe crosslines and construct catch basins left & right of station 2+I S Line L-2 and station
6+30 Line L-2. Construct catch basin left of station 2+15 Line L-3. Protect openings with
temporary silt fence until Curb & Gutter is installed. Construct concrete endwall on outlet pipes
left of station 2+15 Line L-2 and install flap valves on endwall.
4. Construct outlet pipe erosion control measures:
Construct sump at outlet end of pipelines left of station 2+10 Line L-2 and scour hole at outlet
end of 18" R.C. Pipe left of station 0+35 Line L-3. Construct swayles and place centipede sod

3.
on same. Place erosion control stone at outlet ends of all swayles.
10. Construct Timber Bride
11. Install utilities:
Install sanitary sewer mains, manholes and services. Install water mains and services,
underground power and services and underground telephone and services_
12. Install 8" ABC and compact
13. Install concrete curb &.gutter and catch basin grates and frames:
14. Install 1 1/2" ACIC Tempe 19.0 B asphalt pavement:
I5. Install 1" ACSC, Type S 9.5 A asphalt pavement:
16. Backfill curb and gutter and finish fine:
Remove shoulder berms, downspouts and erosion control stone at outlets. Lime and fertilizer
will be placed on all remaining surfaces in accordance with soil samples and centipede sod will
be placed and watered as needed until established.
17. Inspection of all erosion control measures shall be made weekly and after every major rain
event. Any deficiencies or repairs shall be promptly corrected.
18. Install permanent silt fence at the top of the stone bulkheads on all lots and maintain same
until dwellings are constructed and permanent centipede sod is placed and established.
19. Remove all temporary erosion control measures as permanent measures aze installed and
maintain all permanent measures and mow grass until homeowners association assumes
responsibility for maintenance of same.