20050179 Ver 1_Complete File_20050128

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 22, 2005
Mr. George Manthe
1804 Caracara Drive
New Bern, NC 28560
Subject Property: Lot 266, Fairfield Harbor
New Bern, NC
Craven County
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-0179
Craven County
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B.0233
(9)(b)]
Dear Mr. Manthe:
You have our approval, in accordance with the conditions listed below, to impact approximately 440
square feet (ft2 ) of Zone 2 of the protected buffers to construct a residence at the subject property as
described within your variance request dated 28 January 2005 and received by the Division of Water
Quality (DWQ) on 28 January 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 and Division of Costal Management 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 approvdl requires you to follow any conditions listed below.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for any proposed and "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. Construction of the foundation pad for the house shall not extend into nor encroach
into Zone I.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]/ Internet: http?//h2o.enr state nc.us/ncwetlands
No One
hCarolina
Naturally
2. Buffer Mitigation (WRP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 660 square feet as
required under this variance approval and 15A NCAC 2B .0233. 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 2B .0233, this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2B .0233(9)(C). 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 660 ft2 of
required riparian buffer mitigation for impacts to 440 ft2 of protected riparian buffers; 03-
04-02, 27-43-(1) river and subbasin."
The DWQ will also accept an alternative method of mitigation (including but not limited to
Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B
.0233) 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 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 stormwatcr 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).
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.
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 Tom Steffens at 252-948-3920 if you have
any questions or require copies of our rules or procedural materials.
incere ,
F-'
1 Hodge
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Minor Variance Approval
cc: DWQ WaRO Regional Office
v,bWQ Central Office, Cyndi Karoly
Central Files
Mr. Dennis Fornes
dafornesra coastah et.com
Craven County, Department of Building Inspections
MAR 2 3 2005
Usti 'Vx
vowtp D SIORM` j R, 6W0I
var ances
Subject: variances
From: Tom Steffens <[e-mail]>
Date: Mon, 28 Mar 2005 14:08:02 -0500,
To: Cyndi Karoly <[e-mail]>
CC: Debbie Edwards <[e-mail]>
the following have been reviewed and issued from waro. some have been issued for a
while, but failed to make it into fp5 due to technical reasons ( I forgot..duh!)
sorry.
more to come
note: # - g written directly
toms
pro num date rec reviewer writer type rev waro county
name comments
05-0259 2-Feb tas tas gen maj 12-Feb
Pamlico John Harper
Issue n/c
1 7-Feb tas
05- ! gen maj 2-Feb
illiam an uth des
raven
Issuew/mit for z -
05-0 4-Feb tas 18-Mar
Beaufort erry L'
Iss
t?
05-0404 -Mar tas
en maj
g
18-Mar
?
Pamlic seph Cicc
Issue n/c
05-0412 2-Mar tas tas min var 18-Mar A
Pamlico Gray Macy
HOLD- incomplete app, garage impac ts not accounted
0?-0.122_ - tas tas min var 18-Mar
Crave George Manthe
Issue w - one 1 impact for house construction or vegeta i val,
diffuse flow or tort
05-a96 4-Mar( t tam min var 18-Mar
Pamlico Jo er
Issue w/cond
0,'-0 31 4
kb tas gen ma'
Beaufor a ton P Oneal II
1 of 2
3/28/2005 2:43 PN
variAices `
70 8-Mar kb gen maj 28-Mar
ea ort Marshall Tay?as
r
Issue-w/cond-i?[.,±<?ffor estoration)
04-02 2-Mar tas tas gen maj 28-Mar
Pamlico ert Mendell
Issue-MOD for error on ginal app
2 of 2 3/28/2005 2:43 PM
Dennis Fornes & Associates
Professional Land Surveying
Bomidary Surveys
Flood Insurance Surveys
404 IValand Surveys
Construction Surveying
Subdivision Design & Surveys
Computer 31apping &c Drafting
February 16, 2005
Ms Cyndi Karoly, Supervisor
401 Oversight Unit
1650 Mail Service Center
Raleigh, N.C. 27699-1650
Telephone: [phone], Day or Night
Fax Line: [phone]
E-Alail. dafornesCacoastahret.com
019@1ROVIR0
FEB 2 1 2005
Subject: DWQ Project # 05-0179 WATER
,QU
Craven Co./ George Manthe
Lot 266 Fairfield Harbour
Dear Ms. Karoly:
Thank you for your assistance in the above subject matter.
I am writing in response to your letter of February 7,2005
and am providing information relative to the "Additional
Information Requested" section of your letter.
My client, Mr. Manthe has asked that I relay his concerns
concerning the final siting of his proposed homesite on the
subject property. On his behalf, I am requesting that you
re-consider the original request to site the house as
originally proposed. In support of that request, I am
including herewith an amended drawing that reflects
additional information as follows: 1. The location of the
existing home to the Northeast on Lot 267, and 2. The
location of the proposed Manthe homesite relative to the
waters edge of Northwest Creek. The main concern arises
from the overall width of Lot 266. As you will note the lot
width at Northwest Creek is 66 feet on the diagonal. The
perpendicular width of the lot is 61 feet. Because of this
rather narrow lot width it is of great concern that siting
the house any further towards the street will greatly
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DENR-WATER QUALITY Preliminary Site Plan , ?.QO °ti?yy
WETLANDS AND STOPMATER BRANCH For SEAL r
George L. & Katherine B. Manthe L-3042 CO
Lot Number 266, Fairfield Harbour %?y? • suFN, • • Q?'?.?
Montego, Section 6, Part 1 j?;; , F°
Map Book-13, Page 70, Craven County Registry >?.•?+?
Number Two Township, Craven County, North Carolina
Scale: 1'= 40' January 25, 2005
? L1?1J L1-LPL-_JL- _--
0 20 40 80 120
Graphic Scale
Dennis Forties & Associates Professional Land Surveyn] q, P.O. Box 12947, New Bern North Carolina 28562
?0F \NATF,gQ Michael F. Easley, Governor
\Q Ci William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 7, 2005
DWQ Project # 05-0179
Craven County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
George L. Manthe
1804 Caracara Drive
New Bern, NC 28560
Subject Property: Lot# 266, Fiarfield Harbour, Montego Section 6, Part 1
REQUEST FOR MORE INFORMATION
Dear Mr. Manthe:
On January 28, 2005, the Division of Water Quality (DWQ) received your application dated
January 25, 2005 to impact 440 square feet of buffers to construct the proposed residential
construction. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams 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 2H.0506 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. Impact Justification (Avoidance and Minimization)
It appears that the house can easily be relocated toward Bucco Reef Road to avoid buffer
impact and still be well within the 30 foot "minimum building line." Please address
alternative designs for this lot.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Tom Steffens or Kyle Barnes of the DWQ Washington Regional Office. If we do
not hear from you within three 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
NhCarolina
or`
401 Oversight/Express Review Permitting Unit Natitial/If
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer-50°o Recycled/10% Post Consumer Paper
George L. Manthe
Page 2 of 2
February 7, 2005
are not authorized (at this time) by the DWQ. Please call John Dorney or Ms. Cyndi Karoly at
919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss
this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight Unit
CBK/bs
cc: Tom Steffens or Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Dennis Fornes & Associates, Post Office Box 12947, New Bern, NC 28561
Filename: 05-0179 George L Manthe (Craven) On Hold
Dennis Fornes & Associates
Professional Land Surveying
Boundary Surreys
Flood Insurance Surveys
404 lVetland Surveys
Construcliat Surveying
Subdivision Design & Surveys
Computer illapping & Drafting
January 25, 2005
Dehnr
Water Quality Section
1650 Mail Service Center
Raleigh, N.C. 27699
Subject: Minor Variance Request
Neuse River Riparian Buffer
Fairfield Harbour
Craven County
Attention Mr. Bob Zarzecki
401 wetland certifications
Mr. Zarzecki:

Telephone: [phone], Day or Night
Fav Line: [phone]
C-Alail. dafornes&oastalnet.cont
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Please find included herewith a variance request form
together with supporting documents. This package is
submitted on behalf of George & Katherine Manthe for your
review and consideration.
Thank you for your attention and assistance in this
project. We look forward to hearing from your office at the
completion of your review. If there are any questions or a
need for additional information, contact either myself or
Mr. Manthe.
Sincerely,
Dennis Fornes For
George Manthe

OFFICE USE ONLY: Date Received Request #
State of North Carolina
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 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 0213.0259)
f'A
n
? 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. Applicants name (the coMorabon, individual, etc. who owns the property):
2.
Print Owner/Signing Official (person
Name: 3- eorC_?
Title:
Street address:
City, State, Zip:
Telephone:
Fax: J
for the property and its compliance)
3.
Contact person who can answer questions about the proposed project:
Name:
Telephone:
Fax:
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, lettRrs,, Qperttiop and maintenapce agreemgnts, etc.): , r
h CO. 1o
Version 2: November 2002
_) Cv3-1-ZZOC?i

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-planti g vegetation or enhancgment of existi g vegetation, etc,.).
p??c?-Q tic tt?grcrt??sc? }_ Wke.? ???g ? ? t l ?cG ?r??x?5'?9?]c?'y
l_C' _?? ? '?7_c t_°aC`.?. ? ? Pr_?r_?n Cmn?_?c.?'?O Tm +'?+?
hilt ?r?_tL G ke L? - - - o% d
?7??r G41.46 ed tnto ?vr Ga?wc?c? fie.
4. Please provide an ex lanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
5. Project Location: Gov cv. `n`J A-?I f
Street address: Lai 2?co ?ju?Go_?e?! `ISct•
City, State, Zip: KJe L&> P?c_r?_i-t1_G 2P?SCoO
County: 9VeV1
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the USGS
tgpographic map indicating the location of tqe s'te):7,.tre, 11???L1^ --o ?r??e? -D,-'J 6-a
?_?CJ(i?4?1? tl_G .•,?? ???.?-??r b1?? Tt?g?_L-1.?•G?
55 3t! [-CIS v c? Gt'ene K?-( _ - t r J R!? -??± -?7row? G'r K.
?CV.??oPt!Cv1E-G? ?rc?.?C? t?X 'f ?r_ O_V lVir-1 SatvL?4Ut? YC.?? $c ' getD •
7. Stream to be impacted by the proposed activity: t_l oJwez'7?
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.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
L.Ea V1 G - I ?G ? IG
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 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.l: , , - I
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
red ced or reconfigured to belt r minimize or eli inate disturbance tl?q n arian buffers:
+V CA-
_?Gi?_t GMCO .I a? _ n«d?? _iCt_
Variance Request Form, page 2
Version 2: November 2000

k4o L (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 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
conditions.
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-plant' g vegetation or enhancgment of exist' g vegetation, etc.):
VGoc?--a we,
???-qra scg t (Wker/c? ???c?g ?- ?l n'j r?
P.,r-?n?_C?M?_?a?,ar?_,2m
t(1 ll.1 Go.Jn?tN G ?' 1 --s6 ? I?WL ro?G L ole1?kv__G1?l - (I t?- for-+d
e& Get sG eo t= ?vr Cc `WC?trS D1- 4, -= e;
4. Please 'povide an explanation of the following:
P
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
iao0creA
(2) How these difficulties or hardships result from conditions t Pat re unique to the property
involved. ! ZrICV/L
(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.
(,?? l^? Ci? u r GcL? ? d v?_ _ GZ H-l wl pen-- ?ti 'C iO?c t_ C3?
`?-Ci> k %tr l1YGr?iCd?GS?G! 1?C%o??°P
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: I
Designated agent (individual or
K ?ct?C°?i S
p, f(rm)K :?(2?, 'Mailing address:1
City, State, Zip: o'G, 7c,?(
Telephone: _(g5gt) 24
Fax:
Email: r„? a?C? ?? ??_Go??_ -
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000

I, ?a L. a4a, L (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 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
conditions.
Signature: L ,
Date:
Title: _oW nor/A
Variance Request Form, page 4
Version 2: November 2000
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Preliminary Site Plan
For
U) George L. & Katherine B. Manthe
ow _
Q Lot Number 266, Fairfield Harbour
>- IC o Montego, Section 6, Part 1
Q 0 W Map Book 13, Page 70, Craven County Registrar
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Preliminary Site Plan
For
George L. & Katherine B. Manthe
Lot Number 266, Fairfield Harbour
>- o o Montego, Section 6, Part 1
W Map Book 13,-Page 70, Craven County Registry
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CC } Number Two Township, Craven County, North Carolina
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Dennis Fornes & Associates, Professional Land Surveying, P.O. Box 12947, New Bern, North Carolina 28562
DWQ# _ o f " ! Date 3 Who Reviewed:
Plan Detail Incomplete '
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes ,on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate. proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? . Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
. .- . . . -? Please provide cross section details showing the provisions for aquatic life passage. - -- -- -
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater.management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
'
? Please indicate whether or not the proposed impacts already been conducted.'
Avoidance and/or Minimization Not Provided

? The labeled as on the plans does not appear to be necessary. Please eliminate the dr provide addlitioM
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. . Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide
Mitigation
copies of the application, copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. -Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
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