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HomeMy WebLinkAbout20042028 Ver 1_Complete File_20041220O?O? W AT ?RQG ! 7: 11 DW Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 25, 2005 John Hawkins, Jr. & Lora Bohon 225 Lakemere Drive New Bern, NC 28562 Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 04-2028 Craven County Page 1 of 3 Subject Property: Lot 85,104 Raft Road, River Bend, NC Parcel ID: 8-073-D-085 Trent River [03-04-10, 27-101-(31), SB Sw NSW] Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)] Dear Mr. Hawkins & Ms. Bohon: You have our approval, in accordance with the conditions listed below, to impact approximately 259 square feet (ft) of Zone 2 of the protected buffers to construct residential dwelling at the subject property as described within your variance request received by the Division of Water Quality (DWQ) on December 20, 2004. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B .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 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. 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 388.5 square feet as required under this Authorization 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733-1786 / FAX 919-733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands None Carolina Nhrra!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper John Hawkins, Jr. & Lora Bohon Page 2 of 3 January 25, 2005 Certificate and 15A NCAC 2B .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 2B .0242(7)(buffer mitigation rule), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .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 this Authorization Certificate shall occur. The EEP should be contacted at (919) 733- 5208 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 388.5 ft2 of required riparian buffer mitigation for impacts to 259 ft2 of protected riparian buffers; 03-04-10 river and subbasin, 27-10-(31). 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 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. 5. Protective Fencing - The construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233. A properly installed erosion control silt fence along the Zone 1 / Zone 2 buffer boundary will satisfy this condition. 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 John Hawkins, Jr. & Lora Bohon Page 3 of 3 January 25, 2005 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 (919) 733-9726 if you have any questions or require copies of our rules or procedural materials. Sincerely, If -11", Alan W. Klimek, P.E. AW KI CBK/bz Enclosures: Certificate of Completion EEP Notification cc: Kevin Avolis, PE, PO Box 15564, New Bern, NC 28561 Tom Steffens, DWQ Washington Regional Office File Copy Central Files ?OF W ATF9 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 DW7 Division of Water Quality NORTH CAROLINA DIVISION OF WATER QUALITY VARIANCE SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 213 .0233, John Hawkins, Jr. and Lara Bohon have permission as outlined below to impact protected riparian buffers for the purpose(s) of constructing an addition to his existing home. 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.: 04-2028 Date: January 25, 2005 LOCATION: River Bend COUNTY: Craven BASIN/SUBBASIN: 03-04-10 (river/subbasin); 27-101-(31) (stream index no.) As required by 15A NCAC 213 .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. 388.5 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 213 .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 (919) 733-5208 Date North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 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/ncwetlands/ An Equal Opportunity/Affirmative Action Employer Nose Carolina Naturally Date: Ia as 0 Triage Check List Project Name. JA, ? DWQ#: 0 County: (f3/-cL ve6\,, To: ? ARO ? FRO ? MRO ? RRO Kevin Barnett Ken Averitte 4 aR0 Tom Steffens and Kyle Barnes =0 Noelle Lutheran ? WSRO Daryl Lamb Telephone : (919) Alan Johnson Mike Horan From: The file attached is being forwarded to ?,our for your evaluation. Please call if you need assjstance. 1 ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ? nimization/a ance issues uffer Rules euse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: Z77 December 15, 2004 AVOLIS ENGINEERING, P.A. P.O. Box 15564 • New Bern, North Carolina 28561 • (252) 633-0068 Mr. Bob Zarzecki 401 Wetlands Certification Unit 2321 Crabtree Boulevard Raleigh, NC 27604-2260 w RE: Hawkins & Bohan Residence Lot 85, 104 Raft Road, River Bend, North Carolina AE Project No. 04060 Dear Bob: R1R@199%qQ1 DEC 2 0 2004 ?1EWDNSMD MRAAWATERBRA H Enclosed please find the original and two copies of a "General Major Variance Application Form" for the above-referenced project. The project involves the construction of a new single- family residence located partially with Zone 2 of the Neuse Riparian Buffer area. It is requested that you review the attached application and issue the appropriate permit to complete the project. Should you have any questions or need any additional information or assistance, please do not hesitate to call. Sincerely, Ke in Avolis, P.E. V' e-President INFORMATION http://gismaps2.cravencounty.com/maps/map_cama.asp?pid=8-073-... PARCEL ID: 8-073-D -085 Owner: HAWKINS, JOHN JR & BOH ON, LORA Mailing Address: 225 LAKEMERE DR NEW BERN NC 28562 Address of Property: 104 RAFT RD Property Description: 85 CHANNEL RUN Assessed Acreage: 0.402 Calculated Acreage: Deed Book Page: 2158 0387 Deed Recording Date (m d y): Recorded Survey: -- Land Value: Total Improvement(s) Value: $0 Total Value: Number of Improvements: 0 Tax Exempt (YES/NO): City Name: River Bend Fire District: Drainage District: Lot Description: Special District: City Zoning Code: Land Use: Craven County does NOT warrant the information shown on this page and should be used ONLY for tax as sessment purposes. &nbspJanuary 25, 2005 1:01:16 PM Iof I 0.358 3 12 2004 $58,500 $58,500 NO Vacant-Residential Lots 1/25/2005 1:04 PM INFORMATION PARCEL ID: 8-073-D -085 http:Hgismaps2.cravencounty.com/maps/map_cama.asp?cmd=SALE... Sales Date Seller Name Buyer Name Type of Sale Sales Price .12/13/1990 ALBRIGHT, ROBERT G & SARA A ALBRIGHT, ROBERT G & SARA A TRS NAME CHANGE $0 3/12/2004 ALBRIGHT, ROBERT G & SARA A TRS HAWKINS, JOHN JR & BOHON, LORA STRAIGHT TRANSFER $47,200 Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes. &nbspJanuary 25, 2005 1:01:32 PM 1 of 1 1/25/2005 1:04 PM Y1 r OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources i"' " .. DEC 2 0 2004 Division of Water Quality M DENR - WATER QUALITY YaT ODS AND STORIA`t1ATM P- M M Variance Request Form - for Minor Variances Protection and Maintenance of Riparian Areas Rules NOTE., This form may be photocopied for use as an original. Please identify which Riparian Area (Buffer) Protection Rule applies. xx 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 0213.0243) Part 1: General Information (Please include attachments if the room provided is insufficient.) 1. Applicant's name (the corporation, individual, etc. who owns the property): John Hawkins and Lora Bohan 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: John Hawkins Title: Owner Street address: 225 Lakemere Drive City, State, Zip: New Bern, NC 28562 Telephone: {252 1636-2834 ---------------- Fax: t 3. Contact person who can answer questions about the proposed project: Name: Kevin Avolis, P.E. Telephone: f X5633-OG6T - Fax: ;252 ,633-6507 Email: avoliseng@lpmonline.net 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: City, State, Zip: County: Latitude/longitude: 104 Raft Road New Bern, North Carolina Craven N 35 4.679`_W77'T_8 67U1- 6. Directions to site from nearest major intersection (Also, attach an 8'h x 11 copy of the USGS topographic map indicating the location of the site): Enter River Bend on Shoreline Drive, left on Plantation Drive, left on Channel Run Road, left on Raft Road, right on Sextant Court. Lobs on corner. 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Trent River Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: Unclassified manmade canal 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: CAMA Major CAMA Minor 401 Certification/404 Permit On-site Wastewater Permit NPDES Permit (including stormwater) Non-discharge Permit X Water Supply Watershed Variance Others (specify) Building Permit 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.]: Construction of a single-family residence on a lot that was platted prior to Neuse Buffer Rules. T-o-EK propos impact- is 21 1 . 2. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or elia?nate disturbance to the riparian buffers: Existing lot was platted prior to butter rules existence. House has been reduced in size to extent pratical. Existing vegetatioon- on--and-- ling requirements to elevate home in flood plain also dictate house p aacem( ------- ----- 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.): All remaininq buffer areas will be maintained with vegetation. All roof 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. House would have to be reduced below desired sha size and configLiK ation. (2) How these difficulties or hardships result from conditions that are unique to the property involved. The lot/subdivision were platted prior to the riparian rules becoming effective! (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. N/A - --- - - - - ------ - -- - -- - ---------- 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): Avolis Engineering, P.A. Mailing address: P.O. Box 15564 City, State, Zip: New Bern, NC 28561 Telephone: (252)6 3-0068 Fax: (252)633-6507 Email: avoliseng@lpmonline. net Part 5: Applicant's Certification Variance Request Form, page 3 Version 2: November 2000 1, John Hawkins (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: r Title: owner John Hawkins Variance Request Form, page 4 Version 2: November 2000 l RcA0 29, E -`} '? ?l .mil r'` ??.5 ?? •' ' ^:`l _ ?__/Z _ -ti ?JL?I "ao }LOCky Its xza? j ?lryy )J j ' ? ?? ?? ?_ ? ?? ? - Nli?•J? ?? (??/ J - ? Cep .. L `»-: ??. t7 i h " 1Yaty Word- - CT t - Ito ?.> J V. N 1'o' ! k ^ f t riz X •R Z9 ,• De bn !1' /? \ SHORECIN6pRVEf(j?; Gc?R;1V1 v. 1?/} ./?f/"!• J ? lr/??1 ?I ? . ,?` \?? (?`c`lf Ji\ ,\,? ? " a _,` !. .. ? j??1? l ,?.,r,?ty' r, THE tlN ref 3 ( I ?? U (`./r1 .? r \ '?' 3' f4i ,. tt Daybcacon k!ANTATION DRIVE j J; .,? ,(l\ ? t,,\ ?\? ? '?` ,1 JJJ :RIVE `BEiVD:;',,?;- ? ?• ?a 14 Tar P4 t atidut? Tlt , •• ?? -1 ?. C ale ` g AVOLIS ENGINEERING, P.A. USGS TOPOGRAPHIC MAP THE HAWKINS RESIDENCE Civil and Environmental Engineering PO BOX 15564 NEW BERN, NORTH CAROLINA 28561 104 RAFT ROAD PHONE: (252)633-0068, FAX (252)633-6507 RIVER BEND, NC DEC 2 0 2004 six, r. ? !nt.Tjliw .iz7SMi s?i? SEXTANT COURT NA9'A$}BE i a1.2$ -r, :D 0 D V)J I C) • 0 O N O =25 QS" R 0 s s? i TOWN OF RIVER BEND COMMON AREA DB 1130 PG 0151 b i GUTTER DISCHARGE i -i (TYPICAL) PIPE GUTTERS TO DISCHARGE O?XDE RIPARIAN PYFFER ? WOOD DEC/ PROPOSED RESIDENCE,-- V WOOD/ STEPS WOOD/ i PROP?SED ZONE 2 " IMPA T = 269 SF q ' ?,'C I w i PIPE GUTIVRS TO o DISCHARGq OUTSIDE 10' MBL I Ift?ARIAAJFFER I I I w O W r S63'28'1I "W 125.35' CLAUDE & MARCELLA CRAWFORD 50' NEUSE RIPARIAN BUFFER DB 2225 PG 1020 LIMIT - ZONE 2 30 NEUSE RIPARIAN BUFFER LIMIT - ZONE 1, INLAND CAMA A.E.C. SCALE: NOT TO SCALE s s? c? ?i- ?j. 6c^ PLANTATION CANAL NORMAL WATER LINE S63.28'11"W 17.34' EXISTING WOOD BULKHEAD CURRENT SITE OWNER: JOHN HAWKINS & LORA BOHAN SITE OWNER ADDRESS: 225 LAKEMERE DRIVE, RIVER BEND NC SITE ADDRESS: (LOT 85) 104 RAFT ROAD, RIVER BEND NC NEW BERN, NC NOTE: THIS SITE SERVED BY TOWN OF RIVER BEND WATER & SEWER SITE DATA: TOTAL SITE AREA 16,117 SF TOTAL SITE AREA IN CAMA 30' A.E.C. 2,204 SF TOTAL BUILT-UPON AREA IN CAMA 30' A.E.C NONE TOTAL % BUILT-UPON AREA IN CAMA 30' A.E.C. NONE NEUSE RIPARIAN BUFFER ZONE BUILT-UPON AREA SUMMARY RIPARIAN AREA NEW IMPERVIOUS AREA ZONE 1: 0' 30' NONE ZONE 2: 30' 50' 259 SF TOTAL IMPACT 259 SF ABBREVIATIONS: R/W RIGHT-OF-WAY M.B.L. MINIMUM BUILDING L ? D.U.E. DRAINAGE & UTILI A? A.E.C. AREA ENVIRONMEI` L CONCERN 204 \\\`\\001111111111pq NR - YIATFR QUALITY ux-, ° ATflt y :wti s E = o. 157,23 s h •... \ 'Oiq?4/?Ev N L NOT FOR RECORDATION, CONVEYANCE, OR SALES AVOLIS ENGINEERING, P.A. NEUSE RIPARIAN BUFFER PERMITTING Civil and Environmental Engineering THE HAWKINS & BOHAN RESIDENCE f? PO BOX 15564 NEW BERN, NORTH CAROLINA 28561 104 RAFT ROAD PHONE: (252) 633-0068 FAX: (252) 633-6507 RIVER BEND, NC p@ml wm? OP a-7T 1P ??.?.-d I I?- s? QS Certification of Completion MAR 9 2006 UENR - WATER QUALITY WETLANDS AND STOR'6A'ATER BRANCH DWQ Project No.: O q ^ ?,jo z3 County: C" JJ_V_ _) Applicant: JC (?,,.a ?i3,.? Kt?= S ?S c?? C? r? F}?7`% Project Name: /?J C- »? ZS Z <.v 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 1, a C-,/d,--J 5, - S , 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: L? Date: Agent's Certification I, used in the observation of the compliance and intent of the 401 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. , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Signature: Registration No. Date