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HomeMy WebLinkAbout20052086 Ver 1_Complete File_20051118O?O? W AT F9QG _1Vw1%-0!!?S q Ms. Melanie B. Womble 5332 Hwy 58N Wilson, NC 27896 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources February 13, 2006 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-2086 Wilson County Page 1 of 3 Subject Property: 5332 Hwy 58N, Wilson, NC UT to Toisnoit Swamp, {27-86-11-(4-5) WSIII, NSW} Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)] Dear Ms. Womble: You have our approval, in accordance with the conditions listed below, to impact approximately 72 square feet (ft ) of Zone 2 of the protected buffers to construct a storage shed at the subject property as described within your variance request dated November 17, 2005, and received by the Division of Water Quality (DWQ) on November 18, 2005. This letter shall act as your Minor Variance approval as described within 15A NCAC 213 .0233(9)(b). 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 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. The Additional Conditions of the Certification are: 1. No Zone 1 Impacts No impacts (except for the "exempt" uses as identified within 15A NCAC 2B .0233) 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. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet http://h2o.enr.state.nc.us/ncwetlands None Carolina NahlA lil An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 4 Melanie Womble Page 2 of 2 February 13, 2006 2. 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 the stream as identified within 15A NCAC 2B .0233(5). 3. 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 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. 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 Ms. Amy Chapman at (919) 733-9502 if you have any questions or require copies of our rules or procedural materials. Sincerely, Alan W. Klimek, P.E. AWKIasc cc: Eric Kulz, DWQ Raleigh Regional Office File Copy Central Files OFFICE USE ONLY: Date Received Request #_ State of North Carolina Department of Environment and Natural Resources 2 0 0 5 2 0 8 6 Division of Water Quality Variance Request- Form - for Minor Variances Protection and Maintenance of Riparian Areas Rules a NOTE., This form maybe photocopied for use as an original. " Please identify which Riparian Area (Buffer) Protection Rule Wie3. Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0233) ti ? Tar-Pamlico River Basin: Nutrient Sensitive Waters Managem jnt' Strategy Protection and Maintenance of Riparian Areas Rule (15A PIJ` ? 2065 NCAC 02B.0259) V?u`I!aV as :i? RJ.??9?a'.ic tG}??a'aL'FI O Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers.(15A NCAC 0.2B :0243) 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): AQ CL, A a wfh,n b I vo 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: M e,1 v- r. • i _13, W 49-? b 1 e Title: Street address: City, State, Zip: LO i I s, ') J r) (L 5. 11 SM (a Telephone: a C) I _q Fax: 3. Contact person who can answer questions about the proposed project: Name: A Telephone: (?,?_3 7 gn ? 9 10- - ?q ? -??- Fax: Email: MQ 1anft =?t?Q P_ a7 oro r-tss /dNa/ r0q_4. Project Name (Subdivision, facility, or establishment name -consistent with project name on plans, specifications, letters, oper lion and maintenance agreements, etc.): 4- Version 2: November 2002 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: 6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the USGS topographic map indicatin the location of the sit q): % -i-aUe_ 10-P-4. nrJ 4n S91 A/ a-* ',.) ensec-E aJ J P S1 4,41 r ad, 4- a I v d . ?2oAA 6M /,q1X+ W 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): U T - `T D i n e o ±:5 w A-rn ?D Stream classification [as identified within the Sche ule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: W S e-4 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 Certification1404 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 ft2.]: S4 o 2A-z P Wl A e ) 41 1 Q IC 4- / 9 Asa iC4 - 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: "Du P_ A-n oi; i 4, ACAS P.M O?J 4 eA -" I i ShP-A .hv +ke IN f 4-"arS8tA.* ,a. vw Pr-4-r" 9.,q e- s n ?- c ?Fcc.+ arh M- I& P Q-AtA-- ca I Po r a ' u'.1; -140-2A-l i* 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 (i.e., control of runoff from impervious surfaces to provide diffuse flow, re-planting vegetation 9,r enhancement of existing vegetation, etc.): 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. ?Ue rV D ,s?aea. a a- `to s4aQe- rn _ I Awn f?A.,Ao f q ea ea.Ar-6A. Fle&-W B sc $ 4 p. r, l t? -wh te, ems. =h AUe__c-Oo e.fz 1 A e o? ? Y .rna 9Jt4-5? va-. ^-1A &1 A1a (2) How these difficulties or hardships result from conditions that are unique to the property involved. .1 /4clG d ee,? 4,,b 1 e_ .ee- ese 'fie..-? s n ex aloo vn de r !21Y Ma Y e," CAf ntar?-?- 2 ez. _7 n e 9?b q k a e ei' Aer' S DAte ,4,evk. ...% A o a xal ey i OCSh (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 Mailing address: City, State, Zip: Telephone: Fax: Email: Part 5: Applicant's Certification Variance Request Form, page 3 Version 2: November 2000 P-/ a/n 1 L 3 ? • V yn "? le- /nrinf nr hinc nmmex of ncrenn HefnA 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 condition; Signature Date: Title: Variance Request Form, page 4 Version 2: November 2000 Answer to page 3, #3 ?Al All F ` v . I have met with Marc Burke, the City of Wilson's Envir«....... property to discuss what I could do to best control erosion of the banks. He has made his recommendations and we have agreed t City will plant more than 500 plants (that he has recommended) branch banks to help to stabilize the area he feels should ; - Specifically in the area I would like to put the building, I will no- plants or trees to build the building and I will add additional land the building on completion. Z NC GRID NNRHORIZON 1AL8FEE1 DI$1ANCE ?\ so ? \\ LAG JAMES M. GRIFFIN AND WIFE J` CATHERINE B. GRIFFIN D.B. 1177, \ ;n 'p PG. 710 PIN / 3714-28-2225 ?\ Gf \ mGn \ % I \ J?p\?? JOE' , ?( OJ?EE,fi •y0 ?\Qpg ?r- 0pp BRANCH BANK & TRUST Co. Agt for A.W. FLEMING (HEIRS) y r r •?? '4;??'??ai•E?l.lCT?OP? PROPOSED 18'x14' SHED / EX. ASP'T DRIV ` r'`? v??\ \`I EXISTING I I ?\ \ TWO STORY I \\` L\\FRAME DWELLING I? I I I ` O \ I \\\\ I I I ' BETTY BREWER WOMBLE l ? D.B. 707, Pg. 501 . 501 J\EX. ASP'TI DRIVE l? O \ 1 ! 30' I UTILITY I i I ?\??? ASEMEN7 I 1 I MELANIE B. OMBLE I D.B. 1443, 1tg. 654 I x I I I ? ? ? I yI ( i I I I NC HIGHWAY 58 (100' R/W) GREEN ENGINEERING WATER, WASTEWATER, SURVEYM PLAIN Na PROJECT MANAGEMENT OW N. 0OLDE3001110 ST. P.O. BOX 009 WL K N.C. 27890 TH. (232) 207-MW FAX MW 240-7489 ottic*07*ww X;.com JUNE 2005 11-50, -- - - - - - - - - - - -- LOCATION OF 100 YEAR FLOOD LINE PROPERTY OF MELANIE B. WOMBLE CITY OF WILSON WILSON! CO., NC Enler Insp.ectlon Event; Affiliations Inspectors Questions ' 'umrnary Project Number: 20052006 Version: 1.0 Status: Received SW Plan Location: Project Name: Melanle B Womble Project Type: Other Owner: Melanie B Womble Details Inspectlon Date: 0112312006 Comment: I think she can minimize the impacts by locating the building between both parking areas, that is to the left of her proposed area of placement. I will not support this project. Michael Horan (1125106) ;Ready f Cancel SID: INQS wo?? ye aVaf ?Y 2w0?V1 sYwps' I?l? tJ DWQ 20052086/ Melanie Womble/ Wilson County Subject: DWQ 20052086/ Melanie Womble/ Wilson County From: "Melanie Womble" <mwomble.pdss@earthlink.net> Date: Thu, 19 Jan 2006 14:32:22 -0500 To: <Laurie.J.Dennison@ncmail.net> CC: <John.Dorney@ncmail.net> Dear Mr.Dorney, I have requested a state variance from your division to build a small storage building at my residence. I have sent in the required paperwork and have been in touch with Ian Mc Millian regarding same. Project code as above in the reference line. Mr. McMillian spoke with Mike Horan who has looked at my situation and Mr. Horan suggested I might be able to place it on my existing asphalt(it actually is concrete). It was suggested that I write to explain why I am not able to put the storage building I need to build on my existing concrete. That is my driveway and and where we park our cars. There is about a 2-3 foot area that we back into to turn around so as not to have to back up the entire distance of the driveway. I do not have a garage. I wish I could have been there the day Mr. Horan came and I could have explained it to him, but I had no idea he was coming or that he even had been. I have called to speak to him but he has not called me back yet. My family and I have lived on that property since I was three( I'm 49 now) and we have seen the erosion over the years. I try very hard to protect the creek banks from erosion as is explained in my request. I desperately need this storage building. As I explained in my original request, I have to use my mothers carport next door now and that unfortunately will not always be available to me. I really feel like I need to give her her space back now. I hope you will be able to help me by permitting this variance. Please contact me if I can provide additional information. Thank You, Melanie B. Womble r ? Cam Ib\ 1 of 1 1`A 1/19/2006 2:45 PM Enterln?pectlan F ent. ATllatlon nspecto_rQuestions umrni;y Project Number: 20052036 Version: ,1.0 Status: ;Received SW Plan Location: ProjeclName: Melanle©Womble Project Type: Other Owner: Melanle © Womble Detalls Inspection Date: 12121/2005 #Comment: thinkthe building can be placed where the existing asphalt drive East of the two story frame dwelling Cancel l ,Ready :SID: INQS Triage Check List Dale: l Projed Name: DWQ#. ti County: IA)1150Y-) 4 To: ? ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb RRO Mike Horan From: Telephone : (919) ??.3 ?Gq? The file attached. Is being forwardedo-. our for your evaluation. Please call if you nee&as 'stance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface'.waters on USFW topo maps Minimization/avoidance issues Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? - ? Cumulative impact concern Comments: