20061426 Ver 1_COMPLETE FILE_20060101

' QF W A rFi9 Michael F. Easley, Governor
OZ QG William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 27, 2006
DWQ#: 06-1426
Beaufort County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
#7005 1820 0003 6594 8372
Mr. Chip Watkeys
NC Landpartners, LLC
150 E. Arlington Blvd. Suite E
Greenville, NC 27858
Subject: Denial of Request for Minor Variance y._
Impacts to Zone 2 of the Tar-Pamlico Riparian Buffer p ? Ashton Landing Lot #15 1601
Beaufort County IN G' V 1 2006
!)Eia'R-'":q'TEfi QUALITY
Dear Mr. Watkeys: WrrTIANrJS Ar/D s701 UN , ER BRANCH
Your application for a Minor Variance to the Tar-Pamlico Riparian Buffer Rules 15A NCAC 2B
.0259 was received on August 21, 2006. The activity for which the Minor Variance is requested
is to allow for a repair area for a conventional septic system within Zone 2 of the riparian buffer
on the subject property. In Part 2, section 4, item 3, of the application, "economic hardship" you
state that "if a 3 bedroom house can not be built on the lot the value of the lot is less than
$100,000. Lot 14 next to it sold for $161,900. Assuming that with a 3 bedroom permit this lot is
worth $150,000(+/-) it is a loss of approximately $50,000." The waters of Ashton Gut are
labeled as C, HQW, NSW and the subject property is within 400 feet of North Creek, which is
labeled as SA, HQW, NSW waters.
The Division of Water Quality (DWQ) has reviewed your project and has determined that this
requested activity within the riparian buffer is a prohibited use. The Tar-Pamlico Riparian
Buffer Rule, 15A NCAC 2B .0259 (6), specifies that "on-site sanitary sewage systems, new ones
that use ground absorption" are prohibited within the riparian buffer. Also in 15A NCAC 2B
.0259 (9)(a)(i)(A), regarding variances, the Rule states that "Merely providing that the variance
would permit a greater profit from the property shall not be considered adequate justification for
a variance." For the reasons stated above the DWQ denies your request for a Minor Variance to
the Tar-Pamlico Riparian Buffer Rule, 15A NCAC 2B.0259.
If you wish to appeal this decision, you have the right to an adjudicatory hearing upon written
request, within sixty (60) days of your receipt of this denial. 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This denial is final and
binding unless you ask for a hearing.
North Carolina Division of Water Quality Internet: www.ncwate[qualitv.org
943 Washington Square Mall Phone: [phone] One
thCarofiina
Washington, NC 27889 FAX 252-946=9215 NorAeurally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
i
Mr. Chip Watkeys
October 27, 2006
Page 2
Should you have information that you believe may alter our decision, we are available to discuss
this matter further. Please direct such information, or questions regarding this denial, to Ms.
Amy Chapman at 919-715-6823, Ms. Cyndi Karoly at 919-733-9721 in our Central Office, or
Kyle Barnes at our Washington Regional Office at 910-486-1541.
Sincerely,

Alan W. Klimek, P.E.
cc: Terry Moore, CAMA WaRO
Amy Chapman, 401/ Central Office
File copy
Central files
r
r
OFFICE USE ONLY: Date Received - ?/- 6 Request # c; J0,G - f ?= a
State of North Carolina C`JI n,
Department of Environment and Natural Resources 4" 2 E)a, AUG 0 0 1 2006
Division of Water Quality
I .<
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form maybe photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
? 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 0213.0259)
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
2
3.
Part 1: General Information Sys'°?'
(Please include attachments if the room provided is insufficient.)
NO, V 1 - 2QOfi
1. Applicant's name (the corporation, individual, etc. who owns the property): r
N? /„A :?D i?4?i ? n ?S Ll C? tA1 x Ran r t ? ?' ?R, BRANCH
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: ?i?i-a t ?gTiSE?/
Title: I1=5k?= t,
Street address: 15c:) E ,4at,l_i?>t yD Siu17E C
City, State, Zip:
Telephone:
Fax: 17/610
Contact person who
Name:
Telephone:
Fax:
Email
uestions about the proposed project:
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:
6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the USGS
topographic map indicating the location of the site):
?, ?i T c) c +? - ,F_ -,1F)X,1vE LrF-r- o. C ,E )L
To E •?? '-, l C-2i-F ,-
7. Stream to be impacted by the proposed activity:
Strearp name (for u named streams label as "UT to the nearest named stream):
RsAo„ 617
Stream classification [as identified within th% 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:
S 04?

Uto
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
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.)
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:
P /."L?., _./- ?.?.`/!'9ah`n.n n ? ?.p ?is?+?P/' 9?Pq'. //Isl/'1'fill`lfl°?1 I
J,
Variance Request Form, page 2
Version 2: November 2000

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 fe.]: : , / i A. / , / /I/?
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,
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
%y FFiC1En77' AMAS Of SOMAZLE -r)PC- SnILS exlS, TD
Su?'? OTir A,2 C L^-) 5i,i' w-4SE OL-i A'N'A sYS7?E.? Foil. A
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
?l-)E O-PAGIA41-fi . SOIL- SC-1f,0775- STATED C-DE COOt.7 -bb ?J 4oTS
O -J -TnwS 1?>Za r-'E'? i Y u AF'iE , -PlE 'i AO;5?ERr>/ i ., A`'. 16
FtrtJ,J? -,?4,4r- WE ca LLD G2. ? 0 21 e- -5 .. QF -/WF- ?2/ lnTj-
15 -n-IC O Ji-d 107- 77-1'17' Gc?yc . ?7 /IXSy ? 4VG - --, 2>CV ACS 1-kXZFE,
(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.
IF A 3 "DD5i,M l 'SC C/1?.7 coo'; "?>>^ J1L% p .) 711 io-T 77.6
/S
?+C [?r?1C?r...?A?L LOSS vF ?d t.o'rs' ?? ??,?...?.?u.y '?..>?r_'',7.
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: [phone]
Fax: (AD A) 6a `
Email: Tine s}o G cox le-+
Part 5: Applicant's Certification

Variance Request Form, page 3
Version 2: November 2000
I, Ci4l'a C-)a-rKEyS (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:G t aG-'?
Variance Request Form, page 4
Version 2: November 2000
Proposed Pretreatment Septic System
Ashton Landing, Lot 15
Beaufort County, NC
50' Feet CAMA Setback
Buffer Area Impacted=855
Repair Areal
Same as primary
Primary System: TS-II Pretreatment
Type: At grade (ow pressure pipe drainfield
Flow: 360 gpd
z 65 Pod Installation depth, 8'
Trench Width: 18'
LTAR: .15 gpd/sgft
1250 Galion g0 Gravel Depth: 8 inches
Recirc. Tank
?Hotre Trench Spacing: 5'
,2so caiiian
Septic Tank
Note, Drainfield will require a 5 inch depth
of suitable imported fill for cover, This area
should be graded to shed surface water, Buffer
area impacted only if future repair of system is
necessary, Map formed using sub-meter accurate
Global Positioning System.
0 100
SCALE: 1"=100'
Aston Soil Works, Inc
RO, Box 86
Simpson, NC 27879
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