20041856 Ver 1_Complete File_20041118

l' ' ?OF W ATFRQ
?O G
D*_
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 28, 2005
David and Lisa Dawe
1 Dawe Lane
Buzzards Bay, MA 02532
Subject Property: 5523 Sandpiper Drive, Oriental, NC 28571
Pierce Creek [03-04-10, 27-133, SA HQW NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1856
Pamlico County
Page 1 of 2
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Dawe:
You have our approval, in accordance with the conditions listed below, to impact approximately 825
square feet (ftz) of Zone 2 of the protected buffers to construct residential dwelling at the subject property
as described within your variance request dated November 11, 2004. 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 CAMA
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 "exempt" uses as identified within 15A NCAC 213
.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.
2. Buffer Mitigation (EEP) - 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 1,237.5 square feet as required under this Authorization Certificate and 15A NCAC 213
.0242(buffer mitigation rule). We understand that you wish to make a payment into the Riparian
Buffer Restoration Fund administered by the NC Ecosystem 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 213 .0242(7)(buffer
mitigation rule), this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 213 .0233(10)(buffer protection rule). Until the EEP receives and clears your check
(made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in
Noi Carolina
401 Wetlands Certification Unit Aurally
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% Recycled/10% Post Consumer Paper
David and Lisa Dawe .?
Page 2 of 2
January 28, 2005
this Authorization Certificate shall occur. The EEP should be contacted at [phone] if you
have any questions concerning payment into the Riparian Buffer Restoration Fund. You have
one month from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 1,237.5 ft2 of required riparian buffer mitigation for impacts to 825 ft2 of
protected riparian buffers; 03-04-10 river and subbasin, 27-133 stream index number.
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
.0242) 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 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).
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 Mr. Bob Zarzecki at [phone] if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
/1? Alan W. Klimek, P.E.
AWKI CBK/bz
Enclosures: Certificate of Completion
EEP Notification
cc: Tom Steffens, DWQ Washington Regional Office
File Copy
Central Files
??F W ATFR p Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O G North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
VARIANCE
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2B .0233, David & Lisa Dawe have permission as outlined below to impact
protected riparian buffers for the purpose(s) of constructing an residential dwelling. All activities associated
with these authorized impacts must be conducted with the conditions listed in the attached certification
transmittal letter. THIS VARIANCE APRPOVAL IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
DWQ Project No.
Date:
LOCATION:
04-1856
January 28, 2005
Oriental
COUNTY: Pamlico
BASIN/SUBBASIN: 03-04-10 (river/subbasin); 27-133 (stream index no.)
As required by 15A NCAC 2B .0233(9), you are required to compensate for the above impacts through the
restoration or enhancement of buffers as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
1,237.5
square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242. If you choose this option,
please sign this form and mail it to the EEP at the address listed below. An invoice for the appropriate amount
of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT
AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE EEP.
Signature
ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
Date
.One
Carolina
North Carolina Division of Water Quality, 401 Wetlands Certification Unit, Nfi14,711f
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
An Equal Opportunity/Affirmative Action Employer
imap://[e-mail]:143/fe...
Subject: Dawe variance
From: Tom Steffens <[e-mail]>
Date: Tue, 21 Dee 2004 15:01:51 -0500
To: Bob Zarzecki <[e-mail]>
here the region comments
15-Nov gen maj 3-Dec 3-Dec Pamlico David and Lisa Dawe Issue w/ cond mit for ZII
impacts as a minor var, submitted as gen maj
7Uvn 10 C7 L) Gam!
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AA t s s
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1 of 1 12/22/2004 8:50 AM
OFFICE USE ONLY: Date Received ------- Request #
'j
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
"General" Major Variance Application Form VARO
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 Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
A Neuse River Basin: Nutrient Sensitive Waters Management StraNm v
Protection and Maintenance of Riparian Areas Rule (15A NCAC D
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management "EC 0 6 2004
Strategy Protection and Maintenance of Riparian Areas Rule (I M DENR. ir?ATER
Ei1ANDS AlYD S Qu
TO( fVVA R E,,%,CH
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 401/Wetlands Certification Unit, 1650 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):
------- 1?r1-? ??C? ---?? ??----------------- -------
Print Owner/Signing Official (person legally
Name: -__i?-1 ?L!GL ±?
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
3. Contact person who can
Name:
Telephone :
Fax: f;
Email: 1-1
=1
ble for the property and its compliance)
about the proposed project:
=; ca . ?11..:? r
"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.):
---------------
------------- ??j_? i C ? -?? -1J?------------------- --
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 !/2x 11 copy of the portion
of the USGS topographic map indicating the location of the site):
t-Ji=_ 0 ?•+1\J _???> l =?%?'1 `ii' L'? ai2L L_!lZ1Y
4?t•????1_s,i--
% A-
7C
--------------
-----------------------------
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
-------? ?? ?? - -l??`J -------------------------------------------
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: Permit Type:
CAMA Major
?I C4- CAMA Minor
401 Certification/404 Permit
-_N 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.)
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 ?n fts.:
? ??h• r t i -i?l r =cal L { Cf _? i ?'?Ci Lc> . -? ; l•'1?1 I I t 1 ? ? ll,? I I ? ?'Y- ? <: i'1
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
__e in l?
O
kv't
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. n _ • I _ , . .
(2) How these difficulties or hardships result from conditions that are unique to the property
s1Lt? 'LL1-_ r ? ?1 1? ?_1'1??
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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:
k\.-/
t>
"General" Variance Application Form, page 3
Version 1: May 2001
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,
(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 enti -,value of the project.
1,,1') r'( ( )1,11) I'Y11 - ') kl?(k?><1SItke ?[Ii
Fax:
Email:
Part 5: Applicant's Certification
______ (print or type name of person
I' --------------=-=-----
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:
Title:
(' /
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
http://h2o.enr.state.nc.us/ncwetlands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
General Number: [phone]
http://www.saw.usace.army.mil/wetlands/regtour.htm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number: [phone]
http://www.saw.usace.army.mil/wetlands/regtour.htm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
phone: [phone]
"General" Variance Application Form, page 4
Version 1: May 2001

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THIS SURVEY IS OF AN EXISTING
PARCEL AND DOES NOT. CREATE
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THIS SURVEY IS SUBJECT TO ANY
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Triage Check List
Date: )2102-104
Project Name:
DWQ#: c+ ? 61.
County: -Pn -11 ?.?
To: ? ARO Kevin Barnett X? WaRO Tom Steffens and Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Mike Horan
From: &A h Telephone : (919) s aq 4
The file attached is being forwarded to dour for your evaluation.
Please call if you need as?jstance.
? Stream length impacted L
? 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?
0 Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: Tt e- dyaV ; ') 4kc ?L4 uj,, -Y; i)1, ? tv% -tIe_
?1G(z ;c Liu.& 41Li's cU?te lc{xG? ?1 dez4Z a?Y pcmil'' ?vt?l d Ise
1Yl ;4-? 1. -TIAa,kg.
Nov 15 04 12:15p Chris Machle 252-249-9988 p.l
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 Management Commission on 519/2001)
Please identify which Riparian Area Protection Rule applies.
p Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (I SA NCAC .0233)
o 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 401/wetlands Certification Unit, 1650 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 R R C?C ?dC D
(Please include attachments if the room provided is insufficient) D
1. Applicant's name (the corporation, indiv dual, etc. who owns the property): NOV 1 8 2004
DENR - MTER QUALITY
2. Print Owner/Signing Official (person legally responsible for the property and its &&W1AV8 STONIA-.ATER ERNJGH
Name: -4-
- -------
Title:
Street address: - i 1 _Vd
City, State, Zip: _ 17-7 v .&A? --,___--
Telephone: D 7
Fax: Lim)--? - ---
3. Contact person who can answer cludorkabout the proposed project:
Name: V-lon l/ -
Telephone: r-) -Z
Fax:
Email:
'General' Variance Application Form
Version 1: May 2001
Nov 15 04 12:15p Chris Nachle
252-249-9988 p•2
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications letters, operation and maintenance agreements, etc.):
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8'/ x 11 copy of the portion
of the USGS topographic map indicati%the location of the site):n ^A _ t/ ., r,?i_ .r%n
7. Stream to be impacted by the proposed activity:
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)]: 1 A t-4 G I ?-? -
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
> X_ A-0-124- CAMA Minor
401 Certification1404 Permit
x ?- 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.
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
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
Nov 15 04 12:15p Chris Machle 252-249-9988 p.3
Fax:
Email:
Part 5: AppiicanYs Certification
l?/? (1{l??i r (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:
Title:
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
h ttp:llh 2 o. a nr. s to to . n c. u s/n cwe tl a nd s/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Fails of the Nouse Road, Suite 120
Raleigh, North Carolina 27615
General Number: [phone]
http:llwww.saw.u sace.army.mil /wetlands/regtour.h tm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number: [phone]
h ttp:llwww.saw.u sace.army.millwettands/regtour.htm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
phone: [phone]
"General" Variance Application Form, page 4
Version 1: May 2001
Nov 15 04 12:15p Chris Machle 252-249-9988 p.4
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NOTES; ( .
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FOR REFERENCE SEE
PC "A", SLIDE 30-8 (op' EIP
THE RATIO OF PRECISION, WAS- . •. ''?
CALCULATED AT 110,000• - EIP'
EIP - EXISTING IRON PIN • : A N a, p E ?? DR AI E
THS SURVEY IS. OF AN EXISTING G1? G' S 60' R/w
PARCEL. AND DOES NOT-CREATE 'A NEW STREET OR CHANGE AN
EXISTING ONE. '
_
THIS SURVEY IS SUBJECT TO ANY
FACTS THAT .MAY BE DISCLOSED' ???'''```
BY A FULL AND ACCURATE TITLE • 1We ?? 60'
SEARCH. 0. 6C 120

Nov 15 04 12:15p Chris Machle

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