20061264 Ver 1_COMPLETE FILE_20060803

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
August 28, 2006
DWQ Project # 06-1264
Beaufort County
Mr. Guy H. Shavender, Jr.
P.O. Box 412
Pantego, NC 27860
CERTIFIED MAIL: #7005 1820 0003 6594 8334
Subject Property: 435 E. Water Street
Belhaven, NC
Tar-Pamlico River Basin
10g: @P=v9 D
AU G 2 g 2006
,r (?oS MD STORONTM RMW
Al1
Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A NCAC 02B.0259
(9)(b)]
Dear Mr. Shavender:
You have our approval, in accordance with the conditions listed below to construct 35 unit residential
community and impact 3242 square feet of the protected riparian buffer on the subject property. These impacts
must be in accordance with the plat and plan submitted with your application. The plan also includes the
proposed location of the future "Marina Access" through the riparian buffer. This letter shall act as your Minor
Variance approval as described within 15A NCAC 02B .0259(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
proj ect.
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 plat of the proposed impacted area 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 proposed and "exempt" uses as identified within 15A NCAC 02B .0259 shall
occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No
North Carolina Division of Water Quality Internet h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NOrthCarOhna
An Equal Opportunity/Affirmative Action Employer 50% Recycled/10% Post Consumer Paper Natumilb,
t
impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ.
2. Buffer Mitigation (EEP)
The required area of mitigation to compensate for impacts to the protected riparian buffers is 4863
square feet as required under this variance approval and 15A NCAC 02B .0260(3)(b)(ii)
You have the option to make a payment into the Riparian Buffer Restoration Fund administered by the
NC Ecological Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with
15A NCAC 02B .0259, this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 02B .0259(10)(b). Until the EEP receives and clears your check (made payable to: DENR -
Ecological Enhancement Program Office), no impacts specified in this variance approval shall occur.
The EEP should be contacted at [phone] if you have any questions concerning payment into the
EEP. For accounting purposes, this variance approval authorizes payment into the Riparian
Buffer Restoration Fund to compensate for 4863 ft2 of required riparian buffer mitigation for
impacts to 3242 ft2 of protected riparian buffers; 03-03-07,29-34-34-(2) river and subbasin."
The DWQ will accept an alternative method of mitigation (including but not limited to Buffer
Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0260)(9) to
satisfy this mitigation requirement. If you choose to pursue this option, then you are required to submit
in writing a mitigation plan to the DWQ Wetlands/401 Unit/ Washington Regional Office for review
and approval. No impacts shall occur to the protected buffers until the mitigation plan is approved
by the DWQ.
3. 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 02B.0259(5).
4. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
5. Platted impacts
All impacts are to be implemented in accordance with the plats and information submitted with the
variance application. The platted impacts include the proposed location of the "Marina Access" through
the riparian buffer.
11
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 02B.0259(9)(b)]. Please call Kyle Baines at 252-948-3917 if you have any
questions or require copies of our rules or procedural materials.
Sincerely,
L.
A Hodg pe
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Plat of Property
cc: DWQ WaRO file
DWQ Central Office, Ian McMillan
Beaufort Co; Dept. of Building Inspections
CAMA Morehead
.f .
DWQ Project No.:
Applicant:
Project Name: _
Date of Issuance of Isolated Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Certification of Completion
County:
Signature: Registration No. Date

OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources 2006 a a
Division of Water Quality 0 flo
iy
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 02B.0259)
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B.0243)
1. Applicant's name (the corporation, individual, etc. who owns the property): AUG 2 9 ZOO
ORS, LLC WATER QUALITY
WETLANDS AND STORfdWATER BRANCH
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Guy H. Shavender, Jr.
Title: Manager
Street address: PO Box 412
City, State, Zip: Pantego, North Carolina
Telephone: 2( 52 ) 943 1913
Fax: f252 1943 0041
Part 1: General Information n [2 V D
(Please include attachments if the room provided is insufficient.) D
6
3
Contact person who can answer questions about the proposed project:
Name: John Tucker
Telephone: (919 ) 567 0483
Fax: L919 ) 567 3611
Email: [e-mail]
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Version 2: November 2002

5. Project Location:
Street address: Water Street
City, State, Zip: Belhaven, NC 27810
County: Beaufort
Latitude/longitude: 35-12-11 -76-37-15
3. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the USGS
topographic map indicating the location of the site):
One block east of the intersection of Pamlico Street and Water Street in Belhaven.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Pantego Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)): SC-NSW
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 10/06/05 CAMA Major
NA CAMA Minor
NA 401 Certification/404 Permit
NA On-site Wastewater Permit
X NPDES Permit (including stormwater)
X Non-discharge Permit
NA Water Supply Watershed Variance
NA 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.]:
Please see attached appendix and attached site plans
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:
Please see attached appendix
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.):
Please see attached appendix
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Please see attached appendix
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
Please see attached appendix
(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.
Please see attached appendix
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): John A.K. Tucker, PE
Mailing address: PO Box 297
City, State, Zip: Fuquay Varina, NC 27526
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
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2 of 3 7/31/2006 1:26 PM
Appendix
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 fe. j.
The site is a former marina that served the area for a number of years. It is the intent of
the owners to redevelop the property as a 35 unit residential community. The parcel is
approximately 2 acres in size. Construction activities involved will included grading,
construction of new buildings, intallation of stormwater management devices and paving.
Equipment that will be used is typical of today's construction methods including,
bulldozers, skid steer loaders, fork lifts, pickup trucks, etc.
There are currently 5585 square feet of impervious impacts to Zone 1 and Zone 2 located
in the Tar-Pamilco Buffer. A review of aerial photography and interviews with local
residents indicate these areas existed at least in prior to January 1, 2000.
The total existing impervious area for the entire site is 55,000 square feet
Photos of the existing site are attached.
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.
The project is unique in that it can be accomplished without a variance being granted.
However, in that particular case, the existing impacts are not minimized to the extent
possible. The alternate plan would use the existing impervious areas in Zone 1 and Zone 2
for buildings and paving. There would be little if any reduction of the existing impacts. It
is the Owner's view that this does configuration does not meet the intent of the rule
regarding avoidance and mitigation.
If the variance is granted for the proposed plan, all impacts in Zone 1 are removed and
vegetation would be restored. The impervious area in the riparian buffer will be reduced
by 2343 square feet. In addition, vegetation would be restored in those areas of Zone 2
that are not impacted.
The Owner's would entertain the idea of dedicating the open un-impacted areas of Zone 1
and Zone 2 to a third party for a perpetual conservation easement.
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.):
The first inch of rainfall will be captured and passed through infiltration basins for
treatment in accordance with the DENR BMP Manual. Larger storms will bypass the
system and will be converted to diffuse flow.
The buffers will be re-vegetated in accordance with a plan approved by the Division of
Water Quality.
An approved sedimentation and erosion control plan will be implemented.
4.1 The practical difficulties or hardships that would result from the strict application of this Rule.
The strict application of the Rule, in this case, does not encourage the Owner to mitigate
or remove existing impervious area from Zone 1 of the riparian buffer. Strict applicaton
of the Rule does not appear to meet the intent of avoidance and mitigation. The project
can be built using impervious area that existed prior to January 1, 2000.
4.2 How these difficulties or hardships result from conditions that are unique to the property
involved.
These difficulties are unique to this site given the shape of the parcel and the areas of
existing impervious areas. The site is much deeper than it is wide and is bordered by
Pantego Creek on two sides, rather than one side of water frontage.
4.3 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.
Economic hardship is not a major consideration in the request for the variance. As shown
on the alternate site plan, the Owner can achieve the goal of at least 35 units without the
variance. A reduction in the existing Zone 1 impacts will be realized if the variance is
granted.
Consulting Engineer
P.O. Box 297 Fuquay-4arina, North Corolino 27526 Sheet ---W-_
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TAR-PAMLICO BUFFER ANALYSIS
1
LOCATION OF
j N 47000'40"E
EXIST BULKHEAD
257.89' (TOTAL)
Pre Development Impervious Area
55,321
SF
Post Development Impervious Area
X
M Fn
QDi
ID of Areas Impacted
Zone 1
Zone 2
Total Area
Remarks
SF
sf
s
_
Sidewalks
_
Pre Development
SF
Total Imenvious _
53,076
SF
Area 1
1,269
1,001
2,270
Pre-EximpervousArea
isting
HC
9'
Area 2
1,029
2,286
3,315
Pre -Existing Im ervous Area
URFF STONE
PAD
Total Pre -Development
2,298
3,287
5,585
Post Development w/ Vannace
` -
97
Area 1
0
147
147
New Development over existing Imperious Area
1+
)
1 I
Area 2
0
774
774
New Development over existing Imperious Area
_
Area 3
0
1,052
1,052
_
Area
0
1,269
__1,269
Total Impacts
0_
3,242
3,242
_
Net Gain in Pervious Area in Buffer
2,343
24 Nc�yDPE
Post Development without Varince
—
^'
Area 1 _
1,269
1,001
2,270
Pre -Existing Im ervous Area
(TYP)
Area 2
1,029
2,286
3,315
Pre-Existin2 Impervous Area
24 INCH HDPE
PO
Total Im acts1
2,298
3,287
5,585
PRE -DEVELOPMENT ASPHALT PAVEMENT
IMPERVIOUS LIMITS
Net Gain in Pervious Area in Buffer
0
WATER SURFACE ELEV = -0.28 FEET
C
M
v
°
v
z
N 46048'06"E 158.46'
Impervious Area
1
LOCATION OF
j N 47000'40"E
EXIST BULKHEAD
257.89' (TOTAL)
Pre Development Impervious Area
55,321
SF
Post Development Impervious Area
X
M Fn
QDi
Buildings _
17,280
SF
Pavement
27,169
SF
Sidewalks
_
8,627
SF
Total Imenvious _
53,076
SF
Net Reduction _ 21245 SF
DAY BEACON #9, LLC
D.B. 1503, P. 488
PRE -DEVELOPMENT PRE -DEVELOPMENT SFOOT WOODEN
AREA AREA BOARDWALK TO
ZONE 1 IMPACT ZONE 21MPACTr— FUTURE MARINA
1247 SF 1000 SF � ZONE 1150 SF
ZONE 2100 SF
PIN NUMBER 7605-78-2426
ZONING MARINE BUSINESS DISTRICT (MB)
PROPOSED USE MULTI -FAMILY HOUSING
35 UNITS
PROJECT AREA 2.17 AC
SETBACKS
FRONT
SIDE
REAR
FLOOD ZONE
15 FEET
5 FEET
NA
AE (EL 7') AS PER FIRM MAP 372076 0400)
N 43006'29"W
34.25'
INFILTRATION
BASIN 3
NOTE: POST -DEVELOPMENT ZONE 1
30 FEET
AREA 4 FROM Buua�EAD
1. ALL OF ZONE 1 AREA TO BE RE -VEGETATED
2. ALL NON -IMPACTED AREAS OF ZONE 2 TO BE RE -VEGETATED w ZONE 2 IMPACT
o
1269 SF
S 46007'43"W
395.76'
LOCATION OF
EXIST BULKHEAD
GRAPHIC SCALE 1 "= 20'
0 20 40 60
_ 14.05'
1
LOCATION OF
j N 47000'40"E
EXIST BULKHEAD
257.89' (TOTAL)
HC PROVIDED
3 EA
I rn
X
M Fn
QDi
5
C
M
-
Z
w
SSMH
INFILTRATI ASIN 1
=
HC
9'
E INV -2.41
URFF STONE
PAD
w
` -
97
FOR FIR
DEPT.
1+
)
1 I
HAMMERHEAD
24 Nc�yDPE
INLET
^'
(TYP)
24 INCH HDPE
PO
I
PRE -DEVELOPMENT ASPHALT PAVEMENT
IMPERVIOUS LIMITS
(COMF ACT SPA
ES)
tic
/
z
BLDG A
o
ZONE t I
,_
CilFEET
I �
3�
FROM BULKHEAD I a
r
LOCATION OF
EXIST BULKHEAD I
/
/
A
o o
/
INFILTRATION
I o_
';' N
/
BASIN 2
BLDG B
POST -DEVELOPMENT
19, �.
AREA 3
o�
�a
�� �`'
20 T_
ZONE 2 IMPACT
1052 SF ----
---- ---
— — — —�----ZONE2
-----------—
zMKIE 1
NOTE: POST -DEVELOPMENT ZONE 1
30 FEET
AREA 4 FROM Buua�EAD
1. ALL OF ZONE 1 AREA TO BE RE -VEGETATED
2. ALL NON -IMPACTED AREAS OF ZONE 2 TO BE RE -VEGETATED w ZONE 2 IMPACT
o
1269 SF
S 46007'43"W
395.76'
LOCATION OF
EXIST BULKHEAD
GRAPHIC SCALE 1 "= 20'
0 20 40 60
_ 14.05'
1
LOCATION OF
70 EA
EXIST BULKHEAD
I
I
OWNER/DEVELOPER
ORS LAND LLC
PO BOX 412
PANTEGO,NC
252-943-1913 (VOICE)
252-944-0041(FAX)
[e-mail]
PARKING REQUIREMENTS
REQUIRED
70 EA
PROVIDED
70 EA
HC REQ'D
3 EA
HC PROVIDED
3 EA
12' EASEMENT & ALLEYWAY CENTERED ON
PROPERTY LINE
D.B. 1412, P. 741
D.B. 1503, P. 488
P.C. C, SLIDE 73
is A
9 a
���
24
62'
BLDG C
09
24 INCH HDPE
_ PRE -DEVELOPMENT
INFILTRATION > : IMPERVIOUS LIMITS
BASIN 4
f- —----------- ---- — — —
46028'32"W 219.39'
PROVIDE VEG, SWALE FROM BYPASS INLET
OUTLET TO BUFFER
PRE -DEVELOPMENT PRE -DEVELOPMENT
AREA 2 AREA 2
ZONE 1 IMPACT ZONE 2 IMPACT
Notes: 1029 SF 2286 SF
1. Boundary and existing impervious information taken from map titled "Property of Marina Village"
dated July 9, 2004 prepared by Hood Richardson, PA, 110 West 2nd Street Washington, NC 27889 - [phone].
CARO
• ESS/ • ?'�, '
89�
o • � I NES; =�
ATE July 29, 2
SvRVEY
N 47059'00"E
2.91'
VICINITY MAP
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TOP GRATE 2.47
INV 0.27
i
TP
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TBM
RAILROAD�PIKE SET
IN POWER POLE
ELEV = 4.0Q (NAVD 88)
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VALVE
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JOHN A.K. TUCKER, P.E.
CONSULTING ENGINEER
P.O. BOX 297, FUQUAY-VARINA, NC 27526 919-567-0483 FAX [phone]
SITE PLAN WITH MINOR VARIANCE
BELLE PORT RESIDENCES
BELHAVEN, NORTH CAROLINA
'_E 20' JOB NO. SHEET
1. 1' =
0611 1 OF 2
M
X
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=
TOP 3.29
W IMV -2.34
E INV -2.41
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�LLJ Lu
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° DI
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TOP GRATE 2.47
INV 0.27
i
TP
PP
TBM
RAILROAD�PIKE SET
IN POWER POLE
ELEV = 4.0Q (NAVD 88)
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FIRE
HYDRANT
i
WATER
VALVE
_ I
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JOHN A.K. TUCKER, P.E.
CONSULTING ENGINEER
P.O. BOX 297, FUQUAY-VARINA, NC 27526 919-567-0483 FAX [phone]
SITE PLAN WITH MINOR VARIANCE
BELLE PORT RESIDENCES
BELHAVEN, NORTH CAROLINA
'_E 20' JOB NO. SHEET
1. 1' =
0611 1 OF 2