20050258 Ver 1_Complete File_20050126

F W AT F Michael F. Easley, Governor
O
Q?
R9 William G. Ross Jr., Secretary
\
fq r7North Carolina Department of Environment and Natural Resources
O ? Alan W. Klimek, P.E. Director
Division of Water Quality
August 23, 2005
DWQ # 20050258
Beaufort County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Long Point Landing Owners Association
Attn: William Buonanno
514 Long Point Road
Chocowinity, NC 27817
Subject Property: Long Pont Landing Owners Association
Yates Creek [03-03-07, 29-9-1-10, C NSW (nutrient sensitive)]
NOTICE OF WITHDRAWL
Dear Mr. Buonanno:
On January 26, 2005, you requested a 401 Water Quality Certification from the Division of Water
Quality (DWQ) for your project. We wrote to you on March 21, 2005 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 to this
request. Therefore, your file is hereby considered withdrawn and will not be reviewed until DWQ's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 March 21, 2005 letter for the missing information), you will need to
reapply for DWQ approval. This includes submitting a complete application package with the
appropriate fee.
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
Statutes and Administrative Code. Please call Mr. Ian McMillan at 919-715-4631 if you have any
questions or concerns.
Sincerely,
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: 5:\2005 Conespondence\05-0258 Long Point Landing Owners Ass (Beaufort) Withdrawal.doc
Nom` Carolina
401 Oversight/Express Review Permitting Unit ? almra`lJ
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hrt2 Jlh2o enr state nc.us/ncwetland5
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
SENDING CONFIRMATION
DATE MAR-23-2005 WED 09:59
NAME DWQ?-WETLANDS
TEL [phone]

PHONE : [phone]
PAGES : 5/5
START TIME : MAR-23 09:55
ELAPSED TII4E : 0214411
MODE : ECM
RESULTS : OK
FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
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Division of Water Quality
Department of Environmental and Natural Resources
401 Ovcmght/Express Permit, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Ralciy't NC 27601 2260
Afailing Address: 1630 Mail Service C•nt:r
Ra:ciyh, NC 27699 1650
Contact Wormatlon: Phone 0: 919-733-1786
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QF 1(? A rFR Michael F. Easley, Governor
Q
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William G. Ross Jr., Secretary
t9-- North Carolina Department of Environment and Natural Resources

-? Alan W. Klimek, P.E. Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Permit, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
Fax To: L. B'sl 0 snrn o \ Fax #: A S a - cl `? LP - ??3-4
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401 Oversight/Express Unit AI akrally
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Intern et: http //h2o.cnr.state.nc. us/ncwctIands
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
?QF WATF9o Michael F. Easley, Governor
\Q (i William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
O Alan W. Klimek, P.E. Director
Division of Water Quality
March 21, 2005
DWQ Project # 05-0258
Beaufort County
Page 1 of 2
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Long Point Landing Owners Association
c/o William Buonanno
514 Long Point Road
Chocowinity, NC 27817
Subject Property: Long Point Landing Owners Association
Yates Creek [03-03-07, 29-9-1-10, C NSW (nutrient sensitive)]
REQUEST FOR MORE INFORMATION
Dear Mr. Buonanno:
On January 26, 2005, the Division of Water Quality (DWQ) Wetlands/401 Unit received your General
Major Variance request dated January 10, 2005 regarding your request for a Variance from the Tar-
Pamlico Buffer Rules (15A NCAC 213.0259) for the subject property. General Major Variances are only
available for "residential structures" on existing lots, you are proposing a pavilion within a common area
of a community, this would not qualify the use of a General Major Variance. However, a minor variance
may be applied for if the impacts proposed are moved out of Zone 1. The Division of Water Quality
(DWQ) is required to prepare a "preliminary finding" /"finding of fact" as to whether the variance request
meets the requirements of 15A NCAC 02B .0259(9)(a). The DWQ may attach conditions to a variance
approval that support the purpose, spirit and intent of the riparian buffer protection program. Conditions
usually include stormwater management and buffer mitigation.
Additional information will be required before we can proceed with the review of your variance request.
Therefore, unless additional information is provided as described below, we will have to move toward
denial of your request per 15A NCAC 213 .0259 and will place this project on hold as incomplete until we
receive this additional information.
Additional Information Requested:
The impact proposed to the riparian buffers requires a "no practical alternatives" determination.
The information submitted does not justify why the 20' x 20' open walled pavilion can only be
placed "approximately" 18 feet from the shoreline. The map submitted shows 1.86 acres of
common area. Please elaborate on the reason(s) as to why this pavilion cannot be placed outside
of the protected riparian buffer area within the 1.86 acres. Please provide a map with all existing
constraints, buildings for this common area.
2. If you decide to proceed with either the Minor or Major Variance, then you will need to provide
detailed site development plans depicting the location of Zone 1 and 2 of the protected buffers
and the area of impact to the buffers in square feet.
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
NOne Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l 0% Post Consumer Paper
Long Point Landing
Page 2 of 2
3/21/05
3. Buffer mitigation will most likely be required as a condition if you choose to proceed with either
the Minor or Major Variance. If you choose to proceed with a variance, then please provide a
buffer mitigation plan pursuant to 15A NCAC 02B .0259.
4. Stormwater management will be required as a condition if you choose to proceed with either the
Minor or Major Variance. Please provide a detailed stormwater management plan depicting how
you intend to treat the stormwater running off the proposed impervious surfaces.
5. Please provide a USGS topographic map and a Beaufort County Soil Survey with your property
boundaries located, specifically the proposed common area.
6. Please provide an explanation of the practical difficulties or hardships that would result from the
strict application of this rule, this question was not answered in the correct way within the
application.
Please respond in writing within three weeks of the date of this letter by sending a copy of this
information to me and to Tom Steffens of the DWQ Washington Regional Office at [phone]. If
we do not hear from you in writing within three weeks, we will assume that you no longer want to pursue
your variance request and we will consider the request as withdrawn. Please call Ms. Deborah Edwards
of this office at [phone] if you have any questions.
Sincerely,
C di Karoly,
DWQ, Wetlands / 401 Unit
JRDldae
Enclosures: General Major Variance
cc: Tom Steffens, DWQ Washington Regional Office
File Copy
Central Files
Filename: 050258LongPoint(Beaufort)MiV+hold
11 General" MAJOR VARIANCE
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential
structures on existing lots within the coastal counties as defined by the Coastal Area
Management Act that meet the conditions stated below.
This "general" major variance from the Riparian Buffer Protection Rules in the Neuse
(15A NCAC 2B .0233) and Tar-Pamlico (15A NCAC 2B .0259) River Basins is hereby i$sued by
the NC Environmental Management Commission (EMC) for impacts to the protected buffers as
long as the conditions prescribed below are met.
. The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ
".General" Major Variance Application Form that describes how the following conditions of this
variance will be met. If these conditions can not be met, an individual Major or Minor Variance
__._...___..from-the.Buffer-Rules. may. be sought3Xom-.the EMC..-..This .".General--.Major-Variance shall expire_ .._.?_?...-- ._.._-
on April 11, 2006 unless it is renewed before that time by the EMC.
Conditions:
1. The residential lot must be located within one of the coastal counties as defined
by the Coastal Area Management Act (CAMA).
2. Applicants must show that they have met the requirements for a variance as
specified in the buffer rules in "VARIANCES" [15A NCAC 2B .0233(9)(a)(i)-
(iii) and 15A NCAC 2B .0259(9)(a)(i)-(iii)] f9r the specific river basin where the
impacts will occur.
3. Applicants must show that the residential lot hhs been platted and recorded prior
. . to August 1, 2000.
4. Construction is for residential buildings and related structures such as garages,
decks, porches, attached commercial buildings, driveways and sheds.
5. Substantial expenditures and contractual obligations must have occurred in good
faith prior to the August 1, 2000. Substantial expenditures and obligations must
have been made in reasonable reliance upon governmental permits and/or
approvals (such as 401 Water Quality Certifications, CAMA permits, active
connection to an existing sanitary sewer system or local on-site wastewater
system approvals). Supportive written documentation must be submitted to the
DWQ for review.
6. The lot must be buildable, without wetland impacts except for driveways and/or
utility crossings and any impact to the buffer shall be minimized to the maximum
extent practical.
7. Where impacts to the buffer will occur, the impact should be minimized to the
greatest extent practicable as determined by DWQ staff.
8. Any on-site wastewater treatment must not be located within 50 feet of a surface
water as specified in "ZONES OF THE RIPARIAN-BUFFER [15A NCAC 2B
.0233(4) and 15A NCAC 213 .0259(4)] of the buffer rules. The only exceptions
include any pretreatment systems meeting the Treatment Standard 1 as found in
15A NCAC 18A .1969 Innovative System Approval regulated by the NC
Division of Environmental Health, On-site Wastewater Section.
9. On-site stormwater management controls must be shown on the application and
stormwater runoff must be directed away from the adjacent surface water and/or
coast wetland as determined sufficient by DWQ staff; measures such as rain.
gardens, bio-retention areas, vegetative filter strips and planting of trees or shrubs
along bulkheads and/or property lines to maximize pollutant-removal may be .
required as determined by DWQ staff. If the applicant is required to obtain a
Sedimentation and Erosion Control Permit or a CAMA Major Permit, then a
Stormwater Permit may be required from the DWQ.
10. Mitigation will be required at a 1:1 ratio for impacts to Zone 1. This mitigation
can be accomplished by either (1) payment into the Riparian Buffer Restoration
Fund (administered by the DWQ Wetlands Restoration Program), (2) planting or
protection of a riparian area not subject to the buffer rules, or (3) additional
planting of a partially buffered location on-site or in close proximity to the
impacted area. Mitigation plans must be approved in writing by the DWQ prior
to construction.
11. The applicant must receive written approval from the DWQ based on the
submittal of the "General" Major Variance Application Form acknowledging that
these conditions have been met before any impacts occur to the riparian buffer.
_.-.:_. -_..._-..._ .....- --....--- ..12._The-applicant.mustz(mtact.the_appropriate. District office.of.theN.C. Division_of_
Coastal Management or Local Permitting Officer for any current requirements
for CAMA Major, Minor or General Permits. In addition, the applicant must file
(if needed) an application with the Local Health Department for an on-site
wastewater system prior to any site construction. The Improvement Permit and
the Construction Authorization is required to be issued prior to any other building
or construction permit [Ref. G.S. 130A-338].
Sided: ,
Dr. Charles H. Peterson, Chair .,
Water Quality Committee
NC Environmental Management Commission
Effective Date: /0 Mh a 00
Sedimentation and Erosion Control Permit or a CAMA Major Permit, then a
Stormwater Permit may be required from the DWQ.
10. Mitigation will be required at a 1:1 ratio for impacts to Zone 1. This mitigation
can be accomplished by either (1) payment into the Riparian Buffer Restoration
Fund (administered by the DWQ Wetlands Restoration Program), (2) planting or
protection of a riparian area not subject to the buffer rules, or (3) additional
planting of a partially buffered location on-site or in close proximity to the
impacted area. Mitigation plans must be approved in writing by the DWQ prior
to construction.
11. The applicant must receive written approval from the DWQ based on the
submittal of the "General" Major Variance Application Form acknowledging that
these conditions have been met before any impacts occur to the riparian buffer.
_. _...:_ ... _ .. _ . _ ... _ ... .12._ Theapplicantmustzontact.tha appropriate District office of the N.C. Division_of__ _..
Coastal Management or Local Permitting Officer for any current requirements
for CAMA Major, Minor or General Permits. In addition, the applicant must file
(if needed) an application with the Local Health Department for an on-site
wastewater system prior to any site construction. The Improvement Permit and
the Construction Authorization is required to be issued prior to any other building
or construction permit [Ref. G.S. 13OA-338].
Signed:
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission
Effective Date: /0 ?h a 00
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OFFICE USE ONLY: Date Received Request # ___
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
"General" Major Variance Application Form -
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Mana;cmcnt Commission on 5/912001)
Please identify which Riparian Area Protection Rule applies.
? Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 4011Wetlands Certification Unit, 9650 Mail
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
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):
_ e vv1YL r%
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: -W -]_`/l1°0.itii--- -j3?tc?[?iwiYn -
Title: _.1i1u t`it:v Lc.+. ci"-?`-t't{???z .-b?ct?^d. ? ?trc c for s
Street address:
?'L_?L__Gt??Y- ??%?7?_2c±__---------------- -----.._-_---.--- -
City, State, Zip: cecz to I .V.(f /V jFa ??
Telephone: Z",-z._-
Fax:
3. Contact person who can answer questions about the proposed project:
Name:
Telephone: ?Z 1 ?. S??i'2 - ------ -------- ------------- ?????i-??If?
Fax: ' ---- ------- -- ---- -- -- - -- --- - -- -
Email: --
'General" Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
T
Project Location: p
Street address: City, State, Zip: ----------
County: r ___ LFALIg,2127 ------------
----------------
Latitude/longitude: ----- -------- ----------------- -__-_-----
6. Directions to site from nearest major intersection (Also, attach an 8 %z x 11 copy of the portion
ophe USGS topographic map indicating the location of the site):
fiche F' LtCf ?vfit: frTC 5,
f?s°-?_C?>c?i--r'? _L?rt ?z?_ri
_ZSI?_Jts2L?z1`? .?_-f?1__?1_=??-«? _wcf<'i_??' +LL=__CCTi?t•t,??l
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream lassification (as identified within the Schedule of Classifications 15A NCAC 2B
_
.0315 (Neuse) or .0316 (Tar-Pamlico)]: ---15-1 d _nl ClIc _ 0-316
8. Which of the following permits/approvals will be required or have been received already for
this project?
Re wired: Received: Date received: Permit Type:
__ CAMA Major
CAMA Minor
----- -----
401 Certification/404 Permit
On-site Wastewater Permit
Active Connection to Sanitary Sewer System
----_ 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.)
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 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.: / r r
i%?11 "? O 7C C )_w 'Fl. c f
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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:
"General" Variance Application Form, page 2
Version 1: May 2001
`r?1? S??r'u.c???{r N.s-??°??CrOsc?aJ s?-?-N -?f--c?? c? _??.???_???y?c?_ c?!1i?v?c;5
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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-plantin vegetation or enhancement of existing.vegetation, etc.):
? - 11-----3 s '1_ ?--?C1.. lf? ?v?, ?•v_'wc4 s ? ? -? l^rG_
? ??}er rr _ ( _???u _?YC C?iL_a?i ?__Yr:•rc -r_ -----------
C' ge°
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4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule
.I ii I
--! J1I-critl _ 1Q Ap's ?.(ile- t 1j-P c - Cgri_[-?_`_?'--?r?111? 0•,_Or-YE1 9cn-? -Cc.?5_A"Vei?,v» r? r o v --- c T ?rY'C A? O
_l?Jct?far?_ ??ruf? ?? _f_.,<_?tf•?__?c?_?u??_/'?_? (?cr?_-%??_
alC1?F??-1 1l??1-------
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
---------------------------------- - ------------------------ -----------
-----------------
(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 (individual or firm): --
Mailing address: -----_--------_.__-------.___--
City, State, Zip:
Telephone:
"General" Variance Application Form, page 3
Version 1: May 2001
Fax: ---------
Email: --------
Part 5: Applicant's Certification
L111,4,YV1 _f?011!/iY/YQ------------------------_ (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: --
Date: __A!?i???- ------ ----- --t ---------
Title: _ir1E:J?__!3cy__.?Q?1_?c:?c??-?tf/__t?ffn?1 o--fly cc?5--__.--__ .-._
NC, Division of Waler Qu htv (DO/0)
401 1Vetl, nds Cerl ficallmn !Unit
2321 Crabtree E.ivd. (LOCATICItd)
1650 f•.1ail Service Cnnler {MAILING ADDRESS)
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Division of Cc'astal !.i::naa rnenl
151-i3 HHigh,.w-i 24
Frlora! a-d City, PAC 28557
phone: 251W F-280'
'General" Variance Application Form, page 4
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