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HomeMy WebLinkAbout20060124 Ver 1_COMPLETE FILE_20060123OF W AT SR Michael F. Easley, Governor ? O Secretar Ross Jr William G ., y . Cq r.? r North Carolina Department of Environment and Natural Resources O .? Alan W. Klimek, P.E. Director Division of Water Quality June 27, 2006 DWQ # 06-0124 Pamlico County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Ira Blaine 2606 Cedar Street Point Pleasant, NJ 08742 Subject Property: 1045 Straight Road in Oriental, NC Spice's Creek [030410,27-141-3-1, Sa, HQW, NSW] NOTICE OF WITHDRAWAL Dear Mr. Blaine: On December 19, 2005, you requested a Minor Variance from the Division of Water Quality (DWQ) for your project. We wrote to you on April 28, 2006 discussing concerns that we have regarding the design of the project and stating that it would be placed on hold for three weeks giving you time to address DWQ's concerns. As of today, DWQ has not received a response containing all the information requested in the April 28`s letter. Therefore, your file is hereby considered withdrawn and will not be reviewed until DWQ's earlier concerns are addressed. Once you have collected sufficient information to have a complete application (please see our April 28, 2006 letter for the missing information), you will need to reapply for DWQ approval by submitting 5 copies of the complete application. Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity and any work done within waters of the state would be a violation of North Carolina General Statuses and Administrative Code. Please call Mr. Ian McMillan at 919-715-4631 if you have any questions or concerns. Sincerely, n c 04 Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit cc: Kyle Barnes, Washington DWQ Regional Office Washington Corps of Engineers Central Files File Copy Filename: S:\2006 Conrespondence\06-0124 Ira Blaine (Pamlico) NOW.doc Non, pfthCarolina 401 Oversight/Express Review Permitting Unit NalmiQlly 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: htto•//h2o enr state ne us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 5017o Recycled/10% Post Consumer Paper Subject: 06-0124 From: Kyle Barnes <Kyle.Barnes@ncmail.net> Date: Fri, 16 Jun 2006 14:23:00 -0400 To: Bev Strickland <bev.strickland@ncmail.net> This one can be withdrawn also. Letter was sent on Dec. 21, 2005. DIVERSIFIED BUILDERS 0 2428 Bridge Avcnue - Point Pleasant, New Jersey 08742 Phone: 732-899-3636 Fax: 732-899-6072 December 15, 2005 D .C \9 State of North Carolina Division of Water Quality 943 Washington Square Mall Washington, North Carolina 27889 Attention: Kyle Barnes Re: 1.) MQ vv Minor Variance 1045 Straight Road Lot #15 Oriental, N.C. Dear Kyle: Enclosed you will find (1) original and (1) copy of the Minor Variance Request. Please return and advise. When you schedule to inspect the site, please call Jack Hardison, he is the gentleman that has cleared the lot and is familiar with the building site. He will meet you on site. Cell: 252-670-0895. Thank you for your assistance. Very truly yours, Ira Blaine r \o?°? wArS9Q k)ua O 'C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality December 21, 2005 DWQ Project # 06-0124 Pamlico County Mr. Ira Blaine 2606 Cedar Street Point Pleasant, NJ 08742 Subject Property: 1045 Straight Rd. Oriental, NC Neuse River Basin REQUEST FOR MORE INFORMATION Dear Mr. Blaine: On May 15, 2006 the Division of Water Quality (DWQ) received your letter responding to an information request sent to you on April 28, 2006, by this office. The DWQ has determined that the information you submitted was incomplete and/or provided inaccurate information. The DWQ will require additional information in order to process your application to impact protected riparian buffer on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2B .0233 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Impacts In your response to our first request you indicated there would be 176 square feet of impacts associated with the dwelling. The hand drawn plat that you provided did not indicate the affected riparian buffer. To accept your application as complete you will need to provide information detailing all impacts to the riparian buffer per zone. 2. Plat Provide a corrected plat with all new impacts shown on site with the riparian buffer zones indicated, (i.e. Zone 1 is the first 30 feet landward and Zone 2 is the outer 20 feet to comprise a full 50 feet) and all the impacts within the buffered area. The plat you provided indicated that the dwelling can be built outside the buffer. North Carolina Division of Water Quality Internet.' www.ncwaterauality.ora 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 An Equal Opportunity/Affirmative Action Employer- 50% RecyclalO% Post Consumer Paper NorthCarolina naturally r Please respond in writing within four weeks of the date of this letter by sending this information to Kyle Barnes of the DWQ Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889. If we do not hear from you within four weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses.the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Kyle Barnes at 252-948-3917 if you have any questions regarding or would like to set up a meeting to discuss this matter. cc: Cyndi Karoly, DWQ Central Office File Copy Si erely, Al Hodge/Supervisor Division of Water Quality Washington Regional Office V , W AT §QG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality December 21, 2005 DWQ Project # 06-0124 Pamlico County Mr. Ira Blaine 2606 Cedar Street Point Pleasant, NJ 08742 Subject Property: 1045 Straight Rd. Oriental, NC Neuse River Basin REQUEST FOR MORE INFORMATION Dear Mr. Blaine: On May 15, 2006 the Division of Water Quality (DWQ) received your letter responding to an information request sent to you on April 28, 2006, by this office. The DWQ has determined that the information you , submitted was incomplete and/or provided inaccurate information. The DWQ will require additional information in order to process your application to impact protected riparian buffer on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2B .0233 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Impacts In your response to our first request you indicated there would be 176 square feet of impacts associated with the dwelling. The hand drawn plat that you provided did not indicate the affected riparian buffer. To accept your application as complete you will need to provide information detailing all impacts to the riparian buffer per zone. 2. Plat Provide a corrected plat with all new impacts shown on site with the riparian buffer zones indicated, (i.e. Zone 1 is the first 30 feet landward and Zone 2 is the outer 20 feet to comprise a full 50 feet) and all the impacts within the buffered area. The plat you provided indicated that the dwelling can be built outside the buffer. North Carolina Division of Water Quality Internet Nmw-ncAatcrquali .ore 943 Washington Square Mall Phone: 252-946-6481 One Washington, NC 27889 FAX 252-946-9215 lr o hCarolliina An Equal OpportunitylAifrmaWeActionEmployer -50%Recycled110%Post Consumer Paper vVaw QLL Please respond in writing within four weeks of the date of this letter by sending this information to Kyle Barnes of the DWQ Washington Regional Office, 943 Washington Square Mail, Washington, NC 27889. If we do-not hear from you within four weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses.the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Kyle Barnes at 252-948-3917 if you have any questions regarding or would like to set up a meeting to discuss this matter. cc: Cyndi Karoly, DWQ Central Office File Copy Si erely, Al Hcdge/Supervisor Division of Water Quality Washington Regional Office OFFICE USE ONLY: Date Received Request # State of North Carolina c ??f 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 may be photocopied for use as an anginal. Please identify which Riparian Area (Buffer) Protection Rulo applies. ? Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0233) xx Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 0213.0259) ? Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B.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): Ira Blaine 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Ira Blaine Title: Owner Street address: 2606 Ced__Pr_5_treet _ City, State, Zip: Point Pleasant, New Jersey 08742 Telephone: (712)R99-3616 Fax: (712)899-6022 3. Contact person who can answer questions about the proposed project: Name: Ira Blaine Telephone: (732)899-3-636 Cell: 732-674-7909 Fax: L7 3-Z) a99-6072 Email: .--_----.-.-- 4. Project Name (Subdivision, facility, or establishment name -consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Spice's Creek Version 2: November 2002 5. Project Location: Street address: 1045 Straight Road City, State, Zip: Oriental, or Carolina County: Paml i cry Latitude/longitude: Lest 15, RT.x Tn Kn7-14-15 RI-K-2 6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the USGS topographic map indicating the location of the site): Rt. u55 East - Left on Straight Road, Six miles cross street - Spice's Creek Road Lot entrance - on Straight Road - Just p? t S= i r-t-I n rrPPk Read - Right Si-de - Driveway entrance. 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Spice's Creek Stream classification [as identified within the Schedule of Classifications 15A NCAC 26 .0315 (Neuse) or.0316 (Tar-Pamlico)]: .0316 (Tar-Pamlico) 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 Building_yes 717/05 Others (specify) _ Waste Water yes 7/6/05 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.]: House Location C 50_1-0 from Zone 2. Deck D 40'-0. From Zone 2 - Short 10'-0. Building Location A 48'-0. -From Zone 2 - 2'-0 short - Deck Location B 381-0 Short 121-011- Buff r Tmpact 176SF_ 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: In reviewing Waste Water System & Actual Building Site. This is the minimum disturbance to the Riparien Buffers. 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 or enhancement of existing vegetation, etc.): Silt fencing full perimeter of Zone 1 & 2 to prevent run off into Spice's Creek. 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. The exterior decks would have to be eliminated. Eliminating the picturesque view o the meadows and Spice's Creek. (2) How these difficulties or hardships result from conditions that are unique to the property involved. Th giiilriing Riff- is limi d3 to GiZn & to fully cnnfnrm With the st-at-utn (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; B the elimination of the picturesque decks facing the water will devalue the market price of the ouse. 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): Ira Blaine Mailing address: 2606 Cedar Street City, State, Zip: Point Pleasant, New Jersey 08742 Telephone: 732-899-3636 Cell* 732-674-7909 Fax: 732-899-6072 _ Email: ------_DMDCNJ@AOL_.-CONl- -- - Part 5: Applicant's Certification Variance Request Form, page 3 Version 2: November 2000 Ira Blaine (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 strutted in con ante with the approved plans and that the deed restrictions in a ante Part f f rm will be recorded with all required permit conditions. / Signature: Date: ecembe 15, -20ZS Title: Owner Variance Request Form, page 4 Version 2: November 2000 a 3gI 1.11 D yo, DEC-01-2005 08:37 PM ROBINORIGHT 7453197 P.01 LEGEND EIP EXISTING IRON PIPE o. 52472•+4"W CR EXISTING IRON ROO EPK EXISTING PK NAIL err ?? rrt P '? s!P SET IRAN PIPE $ SPK 5E7 PK NAIL w N NPs NO POINT SET / y y VICE" 9 R/W RICHr Of WAY s q, COP EDGE OF PA KU04T y y /? C4 / ' i ?rs ?? .r - VICINITY SKETCH REFERENCES / y 1 y y NOT TO SCALE PC A SL 58-6 DB 427 PG 367 y I y .w J w?FRO? C ?'?'x .v wyt (8 ? I y W y / / D ?. v wrs (9 ? / . . ?.? /`?lw y y y LIO ?y W ? 1•l. Vr .1.? r a l ly w ?? I y 3 41 .` `.. a 41 ? ? ? MW y v I O wsl c3 l 2.76 A /::: •' 1 .129.67 67.32' / ?\ W S64058'08'W y? ???1 ?;ryu?j+rr g ? $ /`:;;' ,y+? yZ1 58.78 dub ti '?'f QQ '1?9.:` ,• 00 /'':,,.•7( o?L +? FREDERICK W. KARL 7` DB 371 PG 559 ?? •' • 1Q a °yV TAX ID: K07-14-14 %vO''•. tiUW / a :...:'/ 9°3 111 x sy - : • rFl y/ THIS PROPERTY IS LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA S FL000 ZONE----------------AE BAS E FLOOD ELEV .... 7.0 FIRM MAP ......... 3720750000J L COMMUNITY PANEL ........ 370181 COMMUNITY NAME . . . PAMLICO COUNTY °w•rM n rn?.wn Ap aal EFFECTIVE ......... JULY 2, 2004 LINE TABLE LINE BEARING LENGTH LI S76044'47'E 49.91 L2 S18001'49'E 37.45 L3 S40°20'12'E 28.62 L4 S28013'33'W 33.17 L5 S21°56'15'W 22.98 L6 SII017'39'E 51.17 L7 S04022'19'E 39.94 L8 S48054'47'E 38.87 L9 S55058'46'E 60.46 LIO N88000'38'E 11.70 suwu Gm= a SURVEY FOR I, Kendall E. Gaskins, hereby certify that IRA BLAINE