HomeMy WebLinkAbout20042028 Ver 1_Complete File_20041220O?O? W AT ?RQG
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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.  January 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.  January 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
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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
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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/
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PROP?SED ZONE 2
" IMPA T = 269 SF
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DISCHARGq OUTSIDE
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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
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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
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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
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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