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HomeMy WebLinkAbout20061120 Ver 1_COMPLETE FILE_20090101W AT ?9QG r ? Y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 8, 2006 DWQ Project # 06-1120 Beaufort County Leon Pledger 2636 Plumosa Drive Grimesland, NC 27806 CERTIFIED MAIL: #7005 1820 0003 6594 8280 Subject Property: Lot 71 Long Point Landing Blounts Creek, NC Tar-Pamlico Basin ffi??[Ruwffl N AUG 1 0 2006 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH Approval of Tar-Pamlico River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B.0259 (9)(b)] Dear Mr. Pledger, You have our approval, in accordance with the conditions listed below, to impact 501 square feet (ft) of Zone 2 of the protected buffers to construct a drive on the subject property as described within your variance request dated July 5, 2006 and received by the Division of Water Quality (DWQ) on July 11, 2006. These impacts must be in accordance with the plot plan submitted with your application. This letter shall act as your Minor Variance approval as described within 15A NCAC 213 .0259(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 Division of Coastal Management 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 plot plan 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 proposed and "exempt" uses as identified within 15A NCAC 213 .0259) 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. North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us 943 Washington Square Mall Phone: 252-946-6481 One Washington, NC 27889 FAX 252-946-9215 NorthCarollna An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturally t R 4 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 501 square feet as required under this variance approval and 15A NCAC 2B .0259. You have the option to make a payment into the Riparian Buffer Restoration Fund administered by the NC Ecological 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 .0259, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B.0259(9)(b). Until the EEP receives and clears your check (made payable to: DENR -Ecological Enhancement Program Office), no impacts specified in this variance approval shall occur. The EEP should be contacted at (919) 715-0476 if you have any questions concerning payment into the EEP. For accounting purposes, this variance approval authorizes payment into the Riparian Buffer Restoration Fund to compensate for 752 ft2 of required riparian buffer mitigation for impacts to 501 ft2 of protected riparian buffers; 03-03-07, 29-9-1-(3) river and subbasin." The DWQ will accept an alternative method of mitigation (including but not limited to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0259) 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/ Washington Regional Office for review and approval. This plan should include a proposal to plant native species of hardwood trees with in the riparian buffer area. For more information, please contact this office. 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 .0259(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 Tar-Pamlico River Riparian Buffer Protection Rules [15A.NCAC 2B.0259(9)(b)]. Please call Kyle Barnes at 252-948-3917 if you have any questions or require copies of our rules or procedural materials. Sincerely, Al Hodge/Supervisor Division of Water Quality Surface Water Protection Washington Regional Office Enclosures: Certificate of Completion Project Plan cc: DWQ WaRO Regional Office DWQ Central Office, Cyndi Karoly Beaufort Co; Dept. of Building Inspections 1 Leon Pledger (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: Variance Request Form, page 4 Version 2: November 2000 A '' . 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.): the 0 buffer except for impact Provide for runoff to the street drained through undisturbed undergrowth. 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this j .Rule. The owner has indicated his PGA rA t-n hill ri a hnma wi tb th° -? ___ , , --4- 1-4 1 A ='Z i-ha 1 nt now exists- Tbp c-o my will lose tax base (2) How these difficulties or hardships result from conditions that are unique to the property involved. The lot was poorly planned and.approved in a rion-functional way an should have been mo i le wit the initial development. (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. The hardshi is a unlit of life consideration havin h unctionality of the lot breached b a path with no means to control the flow of traffic. 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: Ralph S. Jarvis Designated agent (individual or firm): 223 N Respess Street Mailing address: City, State, Zip: Washington, NC 27889 Telephone: 252-974-7795 Fax: Email: sam.jarvispa@earthlink.net Part 5: Applicant's Certification Variance Request Form, page 3 Version 2: November 2000 ?i 5. Project Location: Street address: Lot 71 Long Point Landing City, State, Zip: Blounts Creek, NC 2781.4 County: Beaufort Latitudenongitude: 35° 25' 40" / 76° 58'-28" 6. Directions to site from nearest major intersection (Also, attach an 8x 11 copy of the USGS toporaphic'map indicating the location of the site): ]fie on Long Poin ROAD FROM Cotton Patch Road to the eastern dead end. Lot 7.1 is on the left at the cul-de-sac. 7. Stream to be impacted by the proposed activity: Stream ?name Bfor s unnamed streams label as "UT' to the nearest named stream): UT Stream classification (as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: SB - NSW 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 , ulv, 2006 CAMA Minor 401 Certification/404 Permit X X 5-5-04 On-site Wastewater Permit 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, piease 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 ImpactIn fe.]: To re-locate a existing 8' gravel path now bisecting the lot to a location along the west an norr-n s .912 22 SF to be removed and 712.35 SF added for a net impact of 500-11 SF 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: _an active drivewaydividina the•house, drain field, and storage building Thy impact was m.i mined to provide for a practical drive for the property.-,)beyond lot 71 i Variance Request Form, page 2 Version 2: November 2000 Request # OFFICE USE ONLY: Date Received. state of North Carolina . Department of Environment and Natural Resources d F Division of Water Quality 4 I IV r. st Form for Minor Varia Variance Request Protection and Maintenance of Riparian Areas Rules JUL 1 9 2006 NOTE: This form may be photocopied for use as an original Please identify which Riparian Area (Buffer) Protection Rule applies.. ? Neuse River Basin: Nutrient Sensitive Waters Rule g m NCAC 02B Protection and Maintenance of Riparian Areas .0233) Tar-Pamlico River Basin: Nutrient Sensitive Waters Management ? Strategy Protection and Maintenance of Riparian Areas Rule 5A NCAC 02B .0259) ? Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (I 6A NCAC 02B .0243) 0 =n\4 j Part 1: General Information (Please include attachments if the room provided is insufficient- T, 1 0 2006 tJAUVL 1. Applicant's name (the corporation, ndivVufl?g4ero owns the properly&K AlggK, .. T ..,,r n1 Pdaer and Dorot?Y -? 2. Print Owner/Signing Of clal?R%XoonelegaalW jelpornoi ? yrph?ie?gerand its compliance) Name: Leon Title: 2636 Plumosa Drive Street address: City, state, zip: Grimesland, North Carolina 27837 Telephone: 5252-) Fax: 5.2_12-) 41 071 3. Contact person who can answer questions about the proposed project: Name: Ralph s Jarvis Telephone: 252 974 77 94 Fax: L2-u-) k gam-Jar Email: 4. Project Name (Subdivision, facility, or establishment name consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Lot 71 Lon Point Landing Version 2: November 2002 Ile- C)4 ia's CC g.7 b 1 rna 4 c Z y c) ?° ? OOMC° 14 a y a ?a Hug 00 CZ) co a tj c f t 1 ' 1 Y 2 odo?yN ?4 ?? 9 40 O'q °' ?O t^ $ to Gig fit- 4 ISO le • ti ? o ?? ?? • do c as"sY ' 'l1' .o `?6? ebb` ??/ SO. Gj ? . • ? . .g3`, • -CV foe r0 4N? G? R?'C t0 s ? r ozo 9 0 n ?.1 `mss' N 7ro z ' J s p? ?7? 1 1 os? ? AU6 0 D T ?c o t :1 ;? c w nFN?. U OP ' 0IV c„?` r E7t, ,? ?T Qv?t/ry CA rC. SL?c TA?tlt A,oDR-rro? ??: ?RAtN-ttZD WILL. ?'? IlclSTL? LLE? !rV a1.1?. R ? t/V. E.yC?S! /NL7 CoM cz'? s a? ` t t.??.D R) W tYIC?S i " j?i 04Z X157' 1NG So tL. CAN- ?k CoAc,Tt"(? R ? rAeA4 S FNePR o va-z e? I c v L, F,-)'J Ajf?Cg . A, o /?.v a t D t? N N Rte. US??. t Environmental Health Section New Construction Beaufort County Health Department U Repair 220 N. Market St. Washington, North Carolina 27889 (252) 946-6048 / Fax (252) 946-2074 IMPROVEMENTS PERMIT Improvements permits are subject to revocation if the site plans or intended use changes or site alterations occur. )ate: )wner: Phone: kddress: ;ubdivisioa: ..Lagra- ?olN T irANW iGr' Lot Number: -7 1 Mate Road Number: !' 1115 Directions 10-DIGIT PIN A 6 Q l - -4b - - ' -7 'roperty Size: - iz & 4e- Type Structure: 14py,5,c do. Bedrooms: 3 No. People: S Vater Supply: tN kl-t-- (Maintain minimum 10 O. feet separation from any part of septic system and repair area.) :lassificadon: O Suitable Orovisionally Suitable . 0 PS with fill additional Drainage: seasonal Wetness Condition: $ Soil Type :eptic Tank: I hi) O gal. Pump Tank: gal. litrification Field: 6 o C square feet trench bottom 'rench Depth: 1 it Fill Depth: ,omments• Usi= 4 C IN 3 Sd' 9 `d• c. Aditional for all systems: Landscape system area for surface water runoff and grass. ?o not place drive or any building over the system area or repair area. Observe all roper setbacks (10 NCAC IOA .1950). Do not work soil or install system in wet onditions. This permit must be on site during installation and inspection. -- 17o ij0T DP--TAC1-t -- ]?l2A?J I NGs An31? c o ilA.1Ul 1?'?.)'C s f-? rZ C)fDTla? h ?t V W (-?t1T;t-lOt?IZfl'llbN 'j D ev+?STRVcT ? ? E 155 V 1? W N EIV Site flan W .. LJ co m: 6E LLJ cli ` ~ g C? O ?1 N s • \ ; ` NCH "7i1!,; • Q d a [-e. 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