20000961 Ver 1_Complete File_20000724

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
moo=
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
July 24, 2000
DWQ # 00-0961
Craven County
Page 1 of 2
APPROVAL of Neuse River Buffer Rules CERTIFICATE OF AUTHORIZATION and
MINOR VARIANCE
Dr. William Hand, III
218 South Front Street
New Bern, NC 28560
252-638-8000
252-637-5805 (fax)
cc: AVOLIS Engineering, P.A.
c/o Kevin Avolis
PO Box 15564
New Bem, NC 28561
Re: 514 EAST FRONT STREET
New Bern, Craven County, NC
Dear Mr. Hand,
You have our approval, in accordance with the attached conditions, to impact
approximately 2,425 ft2 of Zone 2 of the protected riparian buffers for the purpose of constructing
the proposed residence on 514 East Front Street, New Bern as described within your application
and proposed construction plans dated 7/20/00. In addition, you should get any other required
federal, state or local permits before you go ahead with your project including (but not limited to)
CAMA, 404 Permit Sediment and Erosion Control and Non-Discharge.
This approval is only valid for the purpose and design that you described in your
application and proposed construction plans dated 7/20/00. This approval is only valid for impacts
to Zone 2 of the protected riparian buffers and the minor grading / revegetating along the retaining
walls as described in your application (see conditions listed below); any other impacts other than
what was approved within this authorization (specifically any impacts to Zone 1) may require
additional approval from this office. 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 must be given a
copy of this authorization and approval letter and is thereby responsible for complying with all
conditions. For this approval to be valid, you must follow the listed below as well as any other
conditions identified within 15A NCAC 2B .0233.
Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone] FAX # [phone]
An Equal opportunity Affirmative Acdon Employer 50% recycled/10% post consumer paper
Page 2 of 2
Stormwater shall be directed to sheetflow at non-erosive velocities through the protected
stream buffers as identified within 15A NCAC 2B .0233(5). All runoff from the
impermeable surfaces proposed within Zone 2 of the riparian buffer area should be
collected and discharged at non-erosive velocities to a vegetated area outside of the Zone l
and 2 areas.
Additional woody vegetation (native shrubs and trees) shall be planted in retained areas o
Zone 1 and Zone 2 of the protected riparian buffer to the greatest extent practicable.
The proposed regrading along the retaining walls to prevent existing runoff from over
topping the walls shall be immediately revegetated once construction is complete. This
regrading shall not extend greater than 5 feet landward from the edge of the retaining wall.
No other impacts shall occur to Zone 1 of the protected riparian buffers.
All remaining buffers not impacted by this authorized activity shall be maintained in a
vegetated state as indicated on the preliminary site plan.
The existing mature specimen trees present on the subject property shall be maintained as
part of the proposed construction.
2.
3.
4.
5.
If you do not accept any of the conditions of this certification, you may ask for an
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, P.O. Box 27447, Raleigh, N.C. 27611-
7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act, "No Practical Alternatives" determination under 15A NCAC 2B .0233(8) and
approval of the Minor Variance under 15A NCAC 2B .0233(9). If you have any questions, please
telephone Bob Zarzecki at 919-733-9726.
Sincerely,
T. Stevens
` 9
Attachment
Att US Army Corps of Engineers Washington Regulatory Field Office
Cc: NC Division of Water Quality Washington Regional Office
File Copy
Central Files
Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
:_ L
4 io
Prgject Description
Project Description and Neuse River
Riparian Buffer Evaluation
Proposed Hand Residence
514 East Front Street
New Bern, North Carolina
Dr. William Hand, III is proposing to construct a single-family residential dwelling on the
currently vacant lot located at 514 East Front Street. The residence will be designed to be
constructed within the 45'X 80' building footprint presented on the preliminary site plan. In
addition to the construction of a single-family residence, a wood pier/walkway and covered boat
shelter will be constructed along the eastern property line as presented on the preliminary site
plan. Detailed plans have not been prepared for the residence at this point in time; however, the
plans are being developed to maintain the residence within the 45'X 80' building footprint area.
Proposed Neuse Riparian Buffer Imp
The proposed project will include the disturbance of 2,425 square feet of zone 2 riparian buffer
area. No zone 1 riparian buffer area will be disturbed by the proposed construction. A total area
of 3,600 square feet of lot area located within the CAMA 75 foot area of environment concern
(AEC) will be disturbed by the proposed construction. A Minor CAMA Permit Application has
been submitted associated with the proposed activity.
Included on the preliminary site plan is a table summarizing the areas to be impacted by the
proposed construction.
Water Quality Issue ssues
The subject property is currently vacant other than the existing concrete retaining walls and
dilapidated wood retaining walls that are present on the site as indicated on the preliminary site
plan. The development ofa single-family residential dwelling on the subject property will result in
a concentration of runoff from the proposed structure. If this runoff were to enter the abutting
Neuse River without being diffused and filtered through a vegetated filter, then some impact
would occur to the surface waters. It is the owner's intent not to impact surface waters as a
result of the planned construction.
In an effort to not degrade the abutting surface waters, the owner of the project proposes to take
the following actions as a part of the development on the subject property. The following
initiatives are proposed:
1. All runoff from the impermeable surfaces proposed within the zone 2 riparian buffer area
will be collected and discharged to a vegetated area outside of the zone 1 and zone 2
areas.

2. Those areas immediately adjacent to the existing retaining walls will be regraded slightly
to cause the entrapment of surface waters behind the retaining wall. This regrading
activity will encourage an infiltration of surface water runoff through the soils immediately
adjacent to the retaining walls rather than allowing it to sheetflow over the top of the
retaining walls into the adjacent surface waters.
3. The entire zone 1 buffer area and remaining portion of the zone 2 riparian buffer area will
be maintained in a vegetated state as indicated on the preliminary site plan.
4. The existing mature specimen trees present on the subject property will be maintained as a
part of the proposed construction.
Z]:--J:
May 10, 2000
AVOLIS ENGINEERING, P.A.
P.O. Box 15564 • New Bern, North Carolina 28561 • [phone]
Ms. Deborah Sawyer
Water Quality Section
NC Dept. of Environment
and Natural Resources
943 Washington Square Mall
Washington, NC 27889
i
1,1i, AY 1 6 2000
WASHINvTOi? R`?GiO'tAL Or; tC
RE: Proposed Hand Residence, 514 East Front Street, New Bern, NC
Dear Deborah:
Attached please find a preliminary site plan associated with the planned construction of a single
family residential dwelling on a presently vacant lot located at 514 East Front Street in New Bern,
North Carolina. Dr. William Hand, III is proposing to construct a residence on the property. The
configuration of the lot and a desire to retain existing mature vegetation on the property requires
that development occur within the Neuse River Riparian Buffer Areas. It is my understanding
that a request for a variance is needed in order to proceed with the construction within the Neuse
River Riparian Buffer Areas. As is delineated on the attached preliminary site plan, Dr. Hand is
proposing to construct a residence within a 3,600 square foot building footprint. Proposed
construction will occur within a portion of the zone 2 riparian buffer area only. No work will
occur within the zone 1 buffer area. The area within the zone 1 riparian buffer area to be
disturbed by this proposed construction is delineated on the preliminary site plan.
A concurrent submission has been made to the City of New Bern CAMA Permitting Officer for
the issuance of a CAMA Minor Development Permit for this proposed construction as well as the
construction of a timber pier and covered boat lift for this lot.
It is requested that you accept this letter, the attached site plan and other included information as
a formal request for a variance to construct the residence in the footprint designated on the
preliminary site plan. I have included with this submission a more specific project description and
water quality control initiatives that can be implemented as a part of the planned construction. I
have also included a portion of a 1999 aerial photograph showing the area. I will be glad to meet
you at the project site in order to review existing conditions and answer any questions that you
may have. I can also be reached by telephone at [phone] for additional information.
Your efforts regarding this matter are appreciated.
Sincerely,
i Avolis, P.E.
President
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources j?
Division of Water Quarity 1 ! h (_ ! Ii
jt•' ?I
JUL 21 2000 I
Variance Request Form - for Minor Variance
r)m
Protection and Maintenance of Riparian Areas Rules By
NOTE: This form maybe photocopied for use as an original.
Please identify which Riparian Area Protection Rule applies.
t>f Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233)
o Tar Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC .0259)
3.
Part 1: General Information
(Please include attachments it the room provided is insufficient)
1. Applicants name (the corporation, individual, etc. who owns the property):
2. Print Owner/Signing Official (person legally responsible for t[le property and its compliance)
Name, DR. WIL IM HAND III
Title: . Qu
Street address: 218 r° • l "ir-
City, State, 7jp: _ NEW BERN. NC 28560
Telephone:.
Fax: r??i _
Fax L252-) _633_-65w -
Email: N/A
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
HAND RFC.MPNX
Contact person who can answer questions about the proposed project
Name: _MITN AVCY P; P_F
Telephone: L2,ai_63,3-ow
5. Project Location:
Street address:
City, State, Zip:
County: .
Version 1: February 2000
514
- CRAVEN

Latitudedongitude: N 350 10.441 W 760 57.769'
6. Directions to site from nearest major intersection (Also. attach an 8 M x 11 copy of the USGS
to hic map indicatin the location of the site):
rR(f'1 NTERSE(,TI% OF ( STET AND EAST FROM STREET PROCEED NORTH 800 FEET.
7. Stream to be impacted by the proposed activity.
Stream name (for unnamed streams label as'UT" to the nearest named stream):
R
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or -0316 (Tar-Pamlico)]:
8. tWhicroo?? following permitstapprovals will be required orhave been received already for
P j
Required: Received: Date received:
Permit Type:
CAMA Major
'-X- -Z?1?100 CAMA Minor
-401 Gertiiicationf4w Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water SupplyWatershed Variance
`--- Others (specify)
Part 2: Proposed Activity
(Please include attachments if the roam 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 disturba in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in ft? :
SIDENCE
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
red
q17F OF P1 AM I GT MT FS uced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
AREA THAT CAN BE DEVELOPED.
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.):
SEE ATTACHED LETTER
Variance Request Form, page 2
Version 1: February 2000

S
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
LOT WOL>I D NOT BE FL TIONAL
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
_THE PROPERTY `IS A PENINSULA OF LAND BUFFER SETBACKS ARE PRESW ON (3) SIDES
(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.
N
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 valiance 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
t, - WILLIM HAiD, III (print or type name of
in Part 1, item 2), certify that the information included on this permit application form cperson orrect, listed
that the project will be constructed 'in conformance with the approved plans and thatthe deed
restrictions in accordance with rt 5 of this form win be recorded with all required-permit
conditions. /
Signature: IN ..7
Date:
Idle:
Variance Request Form, page 3
Version 1. February 2000
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,A Pj'jZox . Scat, 50
1999 AERIAL PHOTOGRAPH
AVOLIS ENGINEERING, P.A. PROPOSED HAND RESIDENCE
Civil and Environmental Engineering 514 EAST FRONT STREET
NEW BERN, NORTH CAROLINA
~ ~ \ A A a
~ , i ~ ~ n~ s,, -er
~t, ; ease ever SITE OWNER: CAROLINE D. ASHFORD
i~m I ~ ~ f ~ ~ I ~n ~n ~ SITE'~~ NO. DESCRIPTION BY DATE
In ; E~e'; ,~Qn~sor, i , ,,.vs,~ 1015 DEVONSHIRE DRIVE g ~ ~ .F----~--- - APPOXIMATE EDP APPOXIMATE EDGE Revisions
I~ ` ~ ~ t NEW BERN NC 28562 G~_ ,m ~ ~ OF DILAPIDATED ~ i , OF DILAPIDATED WOOD
Q .r` <r,~o~ RETAINING WALL ° ~ New ~ r ~ e"t"~ 3 RETAINING WALL APPOXIMATE EDGE
m I ice` ,at, n. ; { i~ ,r `i ~ ~ `'`%~"5`` ; TOTAL LOT AREA: 24 495 SF c~i EXISTING RIPRAP TING RIPRAP OF DILAPIDATED WOOD
~r ~ z ~ ~ TO REMAIN REMAIN RETAINING WALL
\ ~ ~ j ~ Brnad t g ' ! ~ ~ , 75 CAMA AEC SUMMARY ~ MEAN HIGH wATER PROPOSED 15'WX301 00
j r TOTAL LOT AREA IN 75 CAMA AEC: 19,482 SF ~ r f` BOAT SHELTER WITH A
} 1 IJ4k9 ~d ~ i "M i, ~ V. r~i f Cn; j ~ _ W LIFT-450 SF W
- -A--- ~o~~~~~~ , 30~ ALLOWABLE IMPERMEABLE SURFACE IN 75 CAMA AEC: 19,482 SF X 0.3 5,844 SF
--°~;'~~--.._~w~."~ .u ~ TOTAL PROPOSED IMPERMEABLE SURFACE IN 75 CAMA AEC: 3 600 SF = 18.4$ • Z O co z
m, ~ ~ v i ~ > ~ o
~ ~ ~ 1277 ~ ~ BUS _~r~,-- ~ ~ a NEUSE RIVER BUFFER SUMMARY co
T - _`_,~.,w_- TOTAL LOT AREA IN 50 RIPARIAN BUFFER ZONE: 14 858E SF ~ ~ ~Pyp~ ~arQC~ ~ f
~r Dr - ~ TOTAL LOT AREA IN 30 WIDE-ZONE 1 RIPARIAN BUFFER AREA: 9,3011 SF SF EXISTING CONCRETE RETAINING E RETAINING L
VICINITY MAP NOT TO SCALE ~ _ t F F TOTAL LOT AREA IN 20 WIDE ZONE 2 RIPARIAN BUFFER AREA 5,557 S S WALL TO REMAN
I TOTAL PROPOSED DISTURBED AREA IN ZONE 1 RIPARIAN BUFFER AREA: NO DISTURBANCE PLANNED ~ oNF
~ ~ Rlp TOTAL PROPOSED DISTURBED AREA IN ZONE 2 RIPARIAN BUFFER AREA: 2,425 SF ~ qRl ~ o
~ qN 9 ~ ~o p EXISTING RIPRAP
l \ o TO REMAIN
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WILLIAM H. BELL 5 4 < I, , ~ ~ ~ / l 4 OF ~ , / / , ~ ~ 1 x
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1~' 512 EAST FRONT STREET e
5 CAROLINE A. SMITH 1~ e
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DB 1611, PG 371 APPROXIMATE MEAN HIGH WATER
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ELIZABETH DUNN & JOHN SPRAGUE / a E-4 <4
22 PERRY STREET, APT. 3A / ~ PROPERTY LINE w U2 U W
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-o "s" .,y , SCALE: 1 4 -1 0 Y W
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