HomeMy WebLinkAbout20170294 Ver 1_Riparian Buffer Authorization_20170314March 13, 2017
Joseph C. and Karen T. Avolis
2003 Grenville Court _ n
Trent Woods NC 28562
Ms. Karen Higgins
NCDWR - 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
Re: Minor Variance Request, 2 Wilson Point Road, Trent Woods, NC
Dear Ms. Higgins:
Enclosed please find our submittal for the above -referenced project. On Friday March 10, 2017, 1 met
with Mr. Anthony Scarbraugh of the Washington Regional Office and implemented his comments.
The buffer area being impacted is an established high grass lawn approximately 3-4 feet above the
nearby waterfront. The soils on the site are Tarboro which is listed as a non -hydric soil. The soil is a
brightly colored sand.
The proposed BMP infiltration galleries will treat all of the roof area in the buffer. In addition, the roof
area not in the buffer but upstream of the portion of the roof that is actually in the buffer will be
treated.
The house is oriented so that the existing driveway to the asphalt private road accessing the site can be
used. The garage located outside of the buffer is a single car garage.
We appreciate your assistance. Should you have any questions, please do not hesitate to give me a call.
Sincerely,
v is
( 2) 1-9334
DWR
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources Division of Water Resources
15A NCAC 02B.0233 (8)(b),.0243 (8)(b),.0250 (11)(b),.0259 (8)(b), .0267 (11)(c),.0607 (e)(2) - Buffer Authorization
FORM: BA 10-2013
A.
Applicant
Riparian Buffer Authorization Form Information
1.
Project Information
1a.
Name of project:
Avolis Residence
1b.
County:
Craven
1c.
Nearest municipality:
Trent Woods
1 d.
Subdivision name:
Trent Acres
1 e.
Is the project located in any of North Carolina's
twenty coastal counties. If yes, answer if below.
® Yes ❑ No
1f.
Is the project located within a NC Division of Coastal
Management Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
Owner Information
2a.
Name on Recorded Deed:
Joseph C. Avolis & Karen T. Avolis
2b.
Deed Book and Page No.
3494/843
2c. Map Book and Page No.
(include a copy of the recorded
map that indicates when the lot
was created):
Map Book 5, Page 28, February 1946, Revised June 1953
2d.
Responsible Party
(for Corporations).-
orporations):2e.
Not Applicable
2e.
Street address:
2003 Grenville Court
2f.
City, state, zip:
New Bern, NC 28562
2g.
Telephone no.:
(252) 671-9334
2h.
Fax no.:
N/A
2i.
Email address:
joeavolis@yahoo.com
3.
Applicant Information (if different from owner)
3a.
Applicant is:
❑ Agent ❑ Other, specify:
3b.
Name.-
ame:3c.
3c.
Business name
(if applicable).-
pplicable):3d.
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
4.
Agent/Consultant Information
(if applicable)
4a.
Name:
Self Prepared
4b.
Business name
(if applicable):
4c.
Street address:
4d.
City, state, zip:
4e.
Telephone no..-
o.:4f.
4f.
Fax no.:
4g.
Email address:
FORM: BA 10-2013 Page 1 of 4
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
8-053-008
1 b. Site coordinates (in decimal degrees):
Latitude: 35.075833
Longitude: 77.104722
1c.
Property size:
0.7713 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Adjacent to Trent River and Wilson Creek
2b.
Water Quality Classification of nearest receiving
SB;Sw,NSW , #27-101-(31)), Trent River
water:
C;Sw,NSW, #27-101-37, Wilson Creek
2c.
River basin:
Neuse River Basin
3.
Project Description
3a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of
this application: 1964 residence on site demolished. Site is 90% grass lawn and 10% wooded or shrubbed
area. Entirely residential use in area. Existing asphalt road through site to two other residential properties.
3b.
Attach an 8'/Z x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site. Attached.
3c.
Attach an 8'/ x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site. Attached.
3d.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Wilson Creek frontage 200 feet. Trent River frontage 195 feet.
3e.
Explain the purpose of the proposed project:
Construct single family residence (1 -story) and detached garage.
3f.
Describe the overall project in detail, including the type of equipment to be used:
Project will be built on uplands. The site has high banks along the two waterfronts. The soils are very sandy
with good potential for infiltration. Groundwater on site is at approximate elevation of one foot above water
level in adjacent water bodies. Compact track loader will be used for all site work.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
❑ Yes 54 No ❑ Unknown
Corps or State been requested or obtained for this property/
Comments: Wetlands correspond with high
project (including all prior phases) in the past?
bank of adjacent streams.
4b.
If yes, who delineated the jurisdictional areas?
Agency/ Consultant Company: Avolis
Name (if known): Joseph C. Avolis
Engineering, PA
Other:
4c.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach
documentation.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b.
If yes, explain and detail according to "help file" instructions.
Not applicable.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ® No
6b.
If yes, explain.
Not applicable.
FORM: BA 10-2013 Page 2 of 4
C. Proposed Impacts Inventory
Impact Justification and Mitigation
1.
Avoidance and Minimization
1. Buffer Impacts
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Positioned
structure on higher portion of property to minimize fill. Use existing drive access across buffer from road by
placing garage on eastern side of site. Only buffer encroachments are residential structure and walkway to
existing Trent River dock. All outdoor living areas are located outside of buffers.
1b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Maintenance of existing grassed buffers for stormwater filtration and infiltration. Provide 3:1 side slopes around
work area and establish vegetation.
1a. Project is in which protected basin?
X Neuse ❑ Tar -Pamlico ❑ Catawba
❑ Randleman ❑ Jordan ❑ Goose Creek
2a.
1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D
form.
of this
Buffer impact Reason for Type of impact
number — impact (exempt, allowable,
Permanent (P) allowable w/ mitigation)
or Temporary T
Stream name Buffer Zone 1
mitigation impact
required? (sq ft)
Zone 2
impact
(sq ft)
131 ® P ❑ T Structure
Allowable
Trent River ❑ Yes ® No 0
201
B2 IN P ❑ T Structure
Allowable
Wison Creek ❑ Yes $J No 0
23
63 ❑ P ❑ T
2e.
❑ Yes ❑ No
2f.
134 ❑ P ❑ T
❑ Yes ❑ No
135 ❑ P ❑ T
❑ Yes ❑ No
B6 ❑ P ❑ T
❑ Yes ❑ No
Total buffer impacts
224
1 c. Comments: Steps in buffer on Trent River side are included but are decking material.
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Positioned
structure on higher portion of property to minimize fill. Use existing drive access across buffer from road by
placing garage on eastern side of site. Only buffer encroachments are residential structure and walkway to
existing Trent River dock. All outdoor living areas are located outside of buffers.
1b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Maintenance of existing grassed buffers for stormwater filtration and infiltration. Provide 3:1 side slopes around
work area and establish vegetation.
2.
Buffer Mitigation
2a.
Will the project result in an impact within a protected riparian buffer that requires buffer
mitigation?
E-1 es ® No
2b.
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
calculate the amount of mitigation required in the table below.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet (square feet
Zone 1 3 (2 for Catawba)
Zone 2 1.5
Total buffer mitigation required:
2c.
If buffer mitigation is required, is payment to a
mitigation bank or NC EEP proposed?
❑ Yes ❑ No
2d.
If yes, attach the acceptance letter from the mitigation bank or NC EEP.
2e.
If no, then discuss what type of mitigation is proposed.
2f.
Comments:
FORM: BA 10-2013 Page 3 of 4
E. Diffuse Flow Plan
All buffer impacts and high ground impacts require diffuse flow or other form of
❑ Diffuse flow
stormwater treatment. Include a plan that fully documents how diffuse flow will be
Other BMP
maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form.
1 a.
If due to site constraints, a BMP other than a level spreader is proposed, please provide a
❑ Yes ® No
plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP
public (federal/state) land?
Manual and attach a BMP Supplement Form.
1 b.
F.
Supplementary Information
by First Class Mail via the US Postal Service:
1.
Environmental Documentation
OR NC DWR, Transportation Permitting Unit
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the use of
❑ Yes ® No
Raleigh, NC 27604
public (federal/state) land?
For all other projects sent by delivery service
1 b.
If you answered "yes" to the above, does the project require preparation of an
❑ Yes ❑ No
OR Karen Higgins
environmental document pursuant to the requirements of the National or State (North
NCDWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Carolina) Environmental Policy Act (NEPA/SEPA)?
Raleigh, NC 27699 - 1617
1 c.
If you answered "yes" to the above, has the document been finalized by the State
❑ Yes ❑ No
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
Comments:
2.
Violations
2a.
Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland
❑ Yes ® No
Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian
Buffer Rules (15A NCAC 02B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
Not applicable.
VO Jj * i
(pp Agent's Printed Name App g is Signature Da e
(Ageature
only if an authorization letter from the applicant is provided.)
Send 3 complete sets of this form and accompanying documents to the following:
For government transportation projects sent
For government transportation projects sent by
by First Class Mail via the US Postal Service:
delivery service (UPS, FedEx, etc.):
NC DWR, Transportation Permitting Unit
OR NC DWR, Transportation Permitting Unit
1617 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699 - 1617
Raleigh, NC 27604
For all other projects sent by First Class Mail
For all other projects sent by delivery service
via the US Postal Service
(UPS, FedEx, etc.).-
tc.):Karen
KarenHiggins
OR Karen Higgins
NCDWR — 401 & Buffer Permitting Branch
NCDWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
512 N. Salisbury Street
Raleigh, NC 27699 - 1617
Raleigh, NC 27604
FORM: BA 10-2013 Page 4 of 4
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3-D TopoOuads Copyright 0 1599 DeLorme Yarmouth, HE 04096 Source Data: OSGS i — 500 ft Scale: 1 : 12,800 Detail: 14-0 Datum: 9GS84
WARRANTY DEED
Tax ID # 8-053-008
Prepared by Steven K. Bell, Attorney at Law, PC
Revenue Stamps: $
Property is not Grantor's Primary Residence
NORTH CAROLINA
CRAVEN COUNTY
THIS DEED, made and entered into this the (:
Doc No: 10004423
Recorded: 03/07/2017 at 12:25:02 PM
Fee Amt: $1,386.00 Page 1 of 5
Revenue Tax: $1,360.00
CRAVEN County, North Carolina
Sherri B. Richard Register of Deeds
Bk 3494 Pg 843
day of March, 2017, by and
between Pamela Bratton Breen, Trustee of the GST Exempt Trust FBO Pamela Bratton
Breen created under Article VI of the Audrey C. Bratton Trust U/A/D April 13, 2011;
Charles Campbell Bratton, Trustee of the GST Exempt Trust FBO Charles Campbell
Bratton created under Article VI of the Audrey C. Bratton Trust U/A/D April 13, 2011;
Lewis Drake Bratton, Trustee of the GST Exempt Trust FBO Lewis Drake Bratton
created under Article VI of the Audrey C. Bratton Trust U/A/D April 13, 2011 hereinafter
referred to as Grantors; and Joseph C. Avolis and wife, Karen T. Avolis, whose address
is�`.._ �y-�� �� Ct j�z k�x ric,—e
_ ,hereinafter referred to as Grantees;
WITNESSETH:
That the Grantors, for a valuable consideration paid by the Grantees, the receipt of
which is hereby acknowledged, have and by these presents do grant, bargain, sell, and
convey unto the Grantees, their heirs and assigns, in fee simple, the property described on
Exhibit A attached hereto and made a part of this deed.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges
and appurtenances thereto belonging to the Grantees in fee simple.
And the Grantors covenant with the Grantees, that Grantors are seized of the
U77URN TO:
Vr '45.0
Doc No: 10004423
Bk 3494 Pg 844
premises in fee simple, have the right to convey the same in fee simple, that title is
marketable and free and clear of all encumbrances, except all encumbrances or
restrictions mentioned above, and that Grantors will warrant and defend the title against
the lawful claims of all persons whomsoever.
The designation Grantors and Grantees as used herein shall include all parties,
their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and
adopted as their seal the typewritten word "SEAL" appearing after their signatures
hereinbelow this the day and year first ove itten.
Pamela Bratton Breen, Trustee of the GST
Exempt Trust FBO Pamela Bratton Breen
1
STATE Ot��
COUNTY W a Notary Public of the aforesaid County and
State, do hereby certify that Pamela Bratton Breen, Trustee of the GST Exempt Trust
FBO Pamela Bratton Breen, personally appeared before me this day and acknowledged
the due execution of the foregoing instrument.
Witness by hand and official seal, this the YZ—day of March, 2017.
"
Doo No: 10004423
Bk3494 Pg 845
SIAL
Charles Campbell Bratton, Trustee of the
GST Exempt Trust FBO Charles Campbell
Bratton
STATE OF NORTH CAROLINA
COUNTY OF
..__..,_--............._.._._-.------
._ .....-.-._.
b°�_�'" Via Notary Public of the aforesaid County and
State, do hereby certify that Charles Campbell Bratton, Trustee of the GST Exempt Trust
FBO Charles Campbell Bratton, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness by hand and official seal, this the a day of March, 2017.
My Commission Expires
N010
Doc No: 10004423
Bk 3494 Pg 846
�(SEAL)
Lewis Drake Bratton, Trustee of the GST
Exempt Trust FBO Lewis Drake Bratton
STATE OF NORTH CAROLINA
COUNTY OF CRAVEN
I, S {tti i`hc "i , a Notary Public of the aforesaid County and
State, do hereby certify that Lewis Drake Bratton, Trustee of the GST Exempt Trust FBO
Lewis Drake Bratton, personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
Witness by hand and official seal, this the _Ca day of March, 2017.
My Commission Expires
IJ,7L
Notary Public
S' EVIEN K PILL�
^10 i;'Ay P CU^
d h1y (10-Mmission Ex' )irg.
t s 6-1.5 ;:GcQ
Exhibit A
First Parcel:
All that certain tract or parcel of land lying and being situate in Number Eight Township, Craven
County, North Carolina, more particularly described as follows:
Being all of Tract 1 and Tract 3, containing 0.7713 acres, more or less, as same are shown and
delineated on the Survey for Joseph C. Avolis and wife, Karen T. Avolis, by James C. Simmons,
Jr., PLS, dated March 3, 2017, which survey is recorded in Plat Cabinet _-�- , Slide 9(¢ 0D, in
the office of the Register of Deeds of Craven County, reference to said survey being made for a
more particular description of the aforesaid tracts. And being a portion of Lot A and B as shown
on the revised Plan of Trent Acres as recorded in Map Book 5, Page 28, in the office of the
Register of Deeds of Craven County.
Being the same property conveyed to the GST Trust - L. Drake Bratton (Deed Book 3057, Page
144) and GST Trust - Charles C. Bratton (Deed Book 3057, Page 152) and GST Trust - Pamela
B. Breen (Deed Book 3057, Page 160) all in the office of the Register of Deeds of Craven
County, North Carolina.
This conveyance is made together with and subject to that 20 foot access easement (Wilson Point
Road) as shown in Map Book 5, Page 28; Map Book 5, Page 90. Said easement is also set forth
in Deed Book 622, Page 7 and Deed Book 622, Page 12, in the office of the Register of Deeds of
Craven County.
Second Parcel:
A tract of land containing two and forty-seven one hundredths (2.47) acres lying
and being in the County of Craven, No. 8 Township, beginning at an iron pipe the
southeast corner of Lot A in the subdivision known as Trent Acres, and runs
thence with the shoreline of Trent River S. 87° 15' E. 178.90 feet to an iron pipe
on the shore of Trent River, the corner of Lots B and C of said division, runs
thence due S. 552.80 feet to a point at the north edge of the maintained channel of
Trent River; runs thence along and with the maintained channel S. 63° 05'W.
201.40 feet to another point on the north edge of said channel; runs thence due
north 653.10 feet to the point of beginning, containing 2.47 acres, all of which lies
within the bed of Trent River; being the same land conveyed and described in a
grant from the State of North Carolina, dated December 28, 1954, and recorded in
the office of the Register of Deeds of Craven County in Book 512 at page 73, Doc No: 10004423
reference to which is hereby made.
Bk 3494 P9 847
EP
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CERTIFICATE OF SURVEY & ACCURACY
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PROFESSIONAl- '_ANC SURVEYOR
FLOOD ZONE DESIGINA-1 "J"I
THIS PARCEL SCALES N c -L000 �S PER FLOOD,
MAP # 3720546800j. -,AN��l 2, 2')C, 4,
INDEX DATED MAY 16, 2009
GENERAL NOTES ANFp , _FND
AREA By COORDINATES
RATIO OF PRECISION I i'0,9
EIP - EXISTING IRON FIDE
NIP - NEW !RON PIPE
PT - POINT (NO MONUVEN�
ECM - EXISTING CONCiEFTE "X: "I 0:
OHE - OVERHEAD ELECTRIC
TP - TELEPHONE PEDESTAL
PH - FIRE HYDRANT
UP - UTILITY clOLE
BURIED AND OVERHEAD lTILl:F_-,
BURIED UTILITIES NOT LOCA -CITY 01:' NEW BERN 6ATER ANr
SEE C[7',,FOR LASEYEN—, -y. t,lc
C!7'y OF NEW BERN ELEI
SEE CI' FOR EA`[VE NII/-
LINE LE','-7ENI._'
R ",
- I 'NE SURVEYED
A:_ t,, -7N- PROPERTY LINE (NOT SURVE-E'_lI
,Sq ER LINE BOUNDARY SURVEY'S
'-N', NORMAL
WATER BOUNDARY
,LlN;E_, OLD MAP, OLD DEEC
ELEC�Rlc (DHE)
DI7 ROAD
AC) 0 D S
N"
SEWER MAIN
ZONING AND SETBACKS
TOWN OF TRENT WOODS
30'
10' SIDE "ARD -DWN)
I '0' REAR YARD
50' RIPARIAN P'UF'FER MEASURED 'ICIRVAL vVATER CP
WILSON CREEK AND TRENT `l:,T' -fL NC DIVISION
OF WATER RESOURCTES.
AREAS ADjACENT'l TO 'REEK AW2 CONTAIN WETLANCS
SEE US ARM?' CORPS GCC ',JILRISDICTIONAL Nr-ORVAT:C
SEE NO D!VISION OF COA—AL MAN A,��V�_`,' TO SEE WHAT jURISD!CTION
THEY ViGH7 HAVE *ILSON CRE " REN' RIVER AND AN -
ADDITIONAL SETBACI<- rROV _�__ei AATER LINE,
"FE UTILl" CCVPANIES ,-PE_Ar1__Y,,',_l
REFERENCE NOTES
KAREN
JWNER GIST 7P�,S-
31r' PIC; 44
rlq1_1
0„'NAS 9: y
OWNER ST IPI
GST TRUST
DR, 705 rC "I
OWNER 'IS' - ��A 'I, ' � , - . ` E',
DB, 3057 PC 15",
T TRUST
GS-
PROPOSED TO SF P"l & 1 5
PARCEL !D 0 8-053-00`8
FIA1,11EL4 B, BREEN
DEED RLF, - DB T45
NUMBER 8 TWP - CRI11�N
11
YAP REF. PLAN OF TRENT 1946
MB. 2 -' "' -
,
YAP REF. REv'SE' D - AN IS, _t';LY 07,
19-
MB. 5 2?
ADDRESS - 2 Wl�_SON PO'N-
5 PG28
TRENT 0jOOC,-,, 1,:
Y A PC H .0 4,
JOSEP Hl� C. AVOLIS
11 111
KAREN
T, AVOLIS
F 3�
0„'NAS 9: y
GST TRUST
L)RAKE BRAT' TION
T TRUST
GS-
ES C, BRATTON
GST TRUST
FIA1,11EL4 B, BREEN
NUMBER 8 TWP - CRI11�N
11
RENT ,�,OODS, NORTH CAP("- NA
'44 152, 16C'
-IR �'
PROPF.RTY AS D.---
,
HUNG D.. Ti OF
F
N O�� TPENT ACRE"S tR,_,�,ED,'
4L TR
5 PG28
Y A PC H .0 4,
E
°,AVFS
44
30 0
30 60 90
GRAPHIC SCALE FE1,17 DWG # 2017`�`19
I
RS
&.1
ff
W
PROPOSED AVOLIS RESIDENCE
IT
In
�'6
8WOFM
11
�X \
NOTE:
REFERENCE JAMES C. SIMMONS & ASSOCIATES SURVEY
DATED MARCH 3, 2017
LANDSCAPE AREA
V
X 77
x X X X
X
X/11
NOT TO SCALE
LANDSCAPE AREA
\X
3
\,
X/
WILSON CREEK INFILTRATION GALLERY
NOT TO SCALE
20 0 20 40
J;7
4ZI
ei�
Cbdn ry
)Clut
ri
1
Jit
fA
A
an
4",
T
oil
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