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HomeMy WebLinkAbout20042034 Ver 1_Complete File_20041221Nv- Eco,svstem rll? I I; PROGRAM RECEIPT Edmund Yodlowski 814 Quail Court Augusta, GA 30909; Project: 301 Neuse Winds Drive County: Pamlico R1-4@P=0WR0 MAR 1 5 2005 DENR-WATER QUALITY WETLANDS AND STORMWATER BRANCH March 4, 2005 DWQ#: 04-2034 COE#: N/A The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $1,224.00, check number 100484736, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have been satisfied. Please note that you must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible for the compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The NC EEP will mitigate 1,275 square feet of riparian buffer in Cataloging Unit 03020201of the Neuse River Basin. Payments to the Ecosystem Enhancement Program are not reimbursable unless a request for reimbursement is received within 12 months of the date of this receipt. A letter must accompany requests for reimbursement from the permitting agency stating that the permit and/or authorization has been rescinded. If you have any questions or need additional information, please contact Carol Shaw at 919-733-5205. cc: Cyndi Karoly, Wetlands/401 Unit Doug Huggett, Division of Coastal Management Scott Jones, USACOE-Washington Kyle Barnes, DWQ Regional Office-Washington File Sincerely, .? . cl? W 'am D. Gilmore, PE Director 1ZP?StDYY.Gl9... E ... Prot"' oar Stat& A?L NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net I OF WA?F9 Michael F. Easley, Governor ?o William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources a .I Alan W. Klimek, P.E. Director Division of Water Quality January 28, 2005 DWQ Project # 04-2034 County: Pamlico Page 1 of 2 Edmund Yodlowski 814 Quail Court' Augusta, GA 30,901 Subject Propertyi Lot 7 & 1/2 of Lot 6, Neuse Winds S/D, 301 Neuse Winds Dr., Oriental, NC Neuse River [03-04-10, 27-134-3, SA HQW NSW] APPROVAL of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate Dear Mr. Yodlowski: You have our approval, in accordance with 15A NCAC 0213.0233 and any. conditions listed below,. to impact approximately 850 ft 2 of Zone 2 (only) of the protected riparian buffers for the purpose of constructing the proposed road/driweway at the subject property as described within your application dated November 8, 2004. In addition, 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, Non-discharge 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 must be given a copy of this authorization and approval letter and is thereby responsible for complying with all conditions. This approval requires you to follow the conditions listed below. The Additional Conditions of the Authorization Certificate are: 1. Impacts Approved - The following impacts are hereby approved as long as all of the other specific and general conditions of this Authorization Certificate are'met. No other impacts are approved including incidental impacts: Amount Approved Plan Location or Reference (Units) Buffers, i 850 (square ft.) 2. 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 213 .0233(5). 3. Certificate of Completion -Upon completion of all work approved within this authorization, 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. Carolina 401 Wetlands Certification Unit N?nQhfCQ?t'1,? 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: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Edmund Yodlowski Page 2 of 2 January 28, 2005 4. 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 1,275 square feet as required under this Authorization 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 1,275 ft2 of required riparian buffer mitigation for impacts to 850 ft2 of protected riparian buffers; 03-04-10 river and subbasin, 27-134-3. Please note that the DWQ has determined that this project is not eligible for the use of the Coastal General variance that you originally applied for. As such, the DWQ has determined that since all of the impacts are directly associated with the driveway, that the use can be approved as the "allowable with mitigation" use of ".road impacts other than crossings of streams and other surface waters". However, the DWQ will be willing to re-evaluate the project's eligibility for the use of the Coastal General Variance if you would like to submit additional supportive information such as a Deed for the property clearly showing that the current owner has owned the property prior to August 1, 2000. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall expire five (5) years from the date of this letter. This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0233. If you have any questions or would like a copy of the buffer rules, please call (919) 733-1786. This letter does not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters. Sincerely, Z . 0-4- Alan W. Klimek, P.E. AWKICBK/bz r , Enclosures: Certificate of Completion cc: Carolyn Bellis, Tidewater Real Estate, Inc., PO Box 340, Oriental, NC 28571 Tom Steffens, DWQ Washington Regional Office File Copy Central Files Filename: 04-2034 i i Michael F. Easley, Governor TF9Q tOF WA William G. Ross Jr., Secretary oO G { North Carolina Department of Environment and Natural Resources > r Alan W. Klimek, P. E. Director Division of Water Quality NORTH CAROLINA DIVISION OF WATER QUALITY AUTHORIZATION CERTIFICATE SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A' NCAC 2B .0233, Edmund & Phyllis Yodlowski have permission as outlined below to impact protected riparian buffers for the purpose(s) of constructing driveway. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached certification transmittal letter. THIS AUTHORIZATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP) DWQ Project No.: 04-2034 Date: January 28, 2005 LOCATION: Oriental COUNTY: Pamlico }. BASIN/SUBBASIN: 03-04-10 (river/subbasin); 27-134-3 (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. 1,275 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 they 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 Date ECOSYSTEM ENHANCEMENT PROGRAM (EEP) NC DIVISION OF WATER QUALITY 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 One Noon hCarolina North Carolina Division of Water. Quality, 401 Wetlands Certification Unit, NQtirally 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 i? imap://bob.zarzecki%40dwq.denr.ncmail.net@ cros.ncmail.net:143/fe... 1 Subject: Variance apps From: Tom Steffens <Tom. Steffens@ ncmail.net> Date: Mon, 10 Jan 2005 14:00:28 -0500 To: Bob Zarzecki <bob.zarzecki@ncmail.net> as per our discussion, I am mailing 2 gen maj variance apps to you with attached comments ... in case the comments come off, these are the regions recommendation: date rev reviewer type date rec warodate mailed co. name appl i c comments 10-Jan tas gen maj 30-Dec 11-Jan Pamlico Live Oak Development (Scarafoni) Hold for gen maj documentation 10-Jan tas J gen maj 28-Dec 11-Jan Pamlico Edmund Yodlowski Hold for gen.maj documentation, could qualify for minor with mit thanks..you will'be writing these or is there going to be a new contact person? best of luck I'm jealous { I'm next.. toms 1 of 1 1/10/2005 2:20 PM i Triage Check List Proje6t Name: YOJIOLisir-i DWQ#: To: ? ARO Kevin Barnett ? FRO Ken Averitte ? MRO Alan Johnson ? RRO Mike Horan ?i From: a"O County: Wa•RO Tom Steffens and Kyle Barnes ? WiRO Noelle Lutheran ? WSRO Daryl Lamb Telephone : (919) 73 3 --9r 1a(l The file attached is being forwarded to dour for your evaluation. Please call if you need assistance. 1 . ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ation/avoidance issues Buffer Rule (News , ar-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: r-2c 20 04 04:09p Chris Machle i 252-249-9988 p.1 Tidewater Real Estate, Inc.; A 1. z Post Office Box 340 Oriental, North Carolina 28571 (252) 249-9800 Toll Free (866) 249-9800 Fax(252)249-9988 www.tidewater-real-estate.com od ? i OED R. too FAX OVER SHEET 0 4 2 0 3 4 SF IM Tom.' L?+6zc Tidewater Real Estate, Inc. ,A'TT'ENTION: DATE- pid 1 ( LOCATION: FAX NIJI?MFR:.?-1?? T0T4 T PACZH$ RO _ r: UDES COVER: COMMENTS: lee - IF A cqN sat- 6. 10 Cc?Clll?;iJV1 tee J Wt . SENTBY Tidewater Cargo oker J. Bell1s REAL ESTATE, INC. Phone(252)249-9800 Toll Free: (866) 249-980C Hwy. 55 Home: (252) 249-2305 P.O. Box 340 Mobile: (252) 670-0371 Orienml,NC 28571 Fax: (252) 249-9988 Email:2build4@coastalnet.cotn i? Dec 20 04 04:09p Chris Machle 252-249-9988 p.2 i, 042X034 OFFICE USE ONLY: Date Received Request # State of North Carolina Departttnent of Environment and Natural Resources Division of Water Quality "General" Major Variance Application Form - From the Meuse 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 Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233) o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0259) NOTE. To consdtute 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 4011Wedands Certification Unit; 1650 Mail Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete submittal.' This form maybe photocopied for use as an original Part 1: General Information (Please include attachments if the room provided is insufficient) Applicanfs ne?(the corporation. m d' ' at, etc5 o Awns the property): 2. Print Owner/Sig Name; Title: Streetladdress: City, State, Tip: Telephone: Fax: 3. Contact person who can an, Name: Telephone: Q)_ Fax: 1 Email: i 'General' Variance Application Form Version 1: May 2001 fI I Dec 20 04 04:09p Chris Machle 252-249-9988 p.3 it 5. 6. ii 4. Project Name (Subdivision, facility, orastablishment name -consistent with project -name on plans, specifi s, letters, o e ti n d mainb nance a reeme `?? r?? n ? ? ti ?:Ii_S15t CSYI Project Location: Street address: 67 City, State, Zip: County:'; Latitude/longitude: Directions to site from nearest major intersection of the USGS topographic map indicating the loca Ya 7. Streamto be impacted by the proposed activity: Stream' name (for unnamed str;eaq?s label as OUT" to the nearest named stream): "? ILI ? 1?it )Z e_ 1/ Stream' classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Nauss) or.0316 (far-Pamlico)): j ?? ?? Lam( 8. Which of the following pemtits/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 Active Connection to Sanitary Sewer System ~T NPDES Permit (including stonrndater) Non-discharge Permit Water Supply Watershed Variance Others (specify) Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) i 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 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: 'Generar Variance Application Form, page 2 Version 1: May 2001 (Also, attach an 8 % x 11 copy of the portion Dec 20 04 04:10p Chris Machle , 252-249-9988 p.4 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-olantina vegetation or enhancement of existing vegetation, etc.):, • _, - 4. Please provide an explanation of the following., (1) The practical difficulties or hardships that would result from the strict application of this (2) How these difficulties or hardships result from conditions that are unique to the property 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 Mailing address: City, State, Zip: Telephone: Ivc 'Generai'variance Appiioation Form, page 3 Version 1: 1 May 2A01 I (3) If economic hardship is the major consideration, then include a spec explanation of the TO j?![nis hardships and th@ proportion of the h rds ip to the entire value of the project. . _t ?VI 4???5?'1lYJ ?1r'1?? '?1fnp 4?1/t6rr e? vHr nr e3h c I; Dec 20 04 04:10p Fax: Email: Chris Machle 252-249-9988 p.5 i c?cg? Part 5: Applicant's Certification 11 (print or type name of person listed in Part 1, 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! I Signature: fz. u 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 (919) 733-9726 (phone) httpJlh2o.e6r.state.6aus/ncwetlands! RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 6506 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 General Number: (919) 876-8441 hftp:/Aovww.saw.usace.army.miVwedands/regtour.htm WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers Post Office Box 1000 Washington; North Carolina 27889-1000 General Number. (252) 975-1616 http:/M ww.saw.usace.army.Ml/wetiands/regtour htm Washington District Office Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 phone: 2521946-6481 Morehead City District Office Division of Coastal Management 151-B Highway 24 Morehead City, NC 28557 phone: 2521808-2808 ?I "General" Variance Application Form, page 4 Version 1: May 2001 A Dec 20 04 04:10P Chris Machle 252-249-9988 P.6 TopoZone - The Web's Topographic Map, and more! Page 1 of 1 I?E ,- ?. , Ems- "' •. • -' "`' -Taki this map to ozone F a }}? Map/Photo Info 35.0613°N, 76.6346°W (WGS84/NAD83) Topo Download USGS Oriental Quad View TopoZone Pro aerial photos, shaded relief, street maps, Photo Download interactive coordinate display, and elevation data USGS Topo Maps .? ? x ,sue r t.?? *Z;:ixrL. .c a s, - ^I l: 1:24K/25K Series ; i r n?Ano i tbtl 4r ?I1 Nr st6nAr k c C ??' i ' {, 1:100K Series p og f 1:250K Series • ,? 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Yodiowski -_-:.-Owner Address:814 Quail Court Owner Address(2):Augustai GA Owner Phone #:(706) 737-3012 Property Address:Neuse Winds 1 252-249-9988 P,8 Property Address(2):Lot 7 & 1/2 of 6 PINX08-72-7r Record #49849 1 Establishment Type:Honle-# Type of Well:Public Well .Design Flow (GPD),360 Initial Site Wastewater System:Conventional Pipe// Long Term Acceptance Rate(GPD/SQFT):.3 Trench Width:3 FT Trench Spacing'(OC):9 FT I e e; I Trench Bottom From NGL:O IN '?`' ; i Mound Height: 18 IN Septic Tank Voliime:1000 GAL Initial system mai/ besshifted closer to proposed home location (S'mim) %CA / 41 .1 l ?1 ' `100°x(, repair 15 -- - - - - --- -p- -7----- r • OO ClL?I WWI NEUSE DRIVE ,•.5000 feet 1 (QC' RIGHT OF WAY) 1:800 Repair Site I Wastewater System:Conventional Pipe Long Term Acceptance Rate(GPD/SQF7):.3 Trench Width:3 FT Trench Spacing (OC):9 FT Trench Bottom From NGL:O'IN Mound Height: 18 IN Septic Tank Volume: 1000 GAL ii Authorized Agent: ,?,t?_ _LA Date 1011 .6/2002