20040221 Ver 1_COMPLETE FILE_20040213

OF WATFR Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
- f Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 24, 2004
DWQ # 04-0221
Pitt County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Jerry W. Cox
4420 Pleasant Plain Road
Ayden, NC 28513
Subject Property: Jerry Cox Property, 4420 Pleasant Plain Road, Ayden, NC
UT to Little Contentnea Creek [03-04-07, 27-86-26, C Sw NSW (nutrient sensitive)]
REQUEST FOR MORE INFORMATION
Dear Mr. Cox:
On February 13, 2003, the Division of Water Quality (DWQ) Wetlands/401 Unit received your variance request dated
December 18, 2003 regarding your request for a Minor Variance from the Neuse Buffer Rules (15A NCAC 2B .0233) for
the subject property. The Division of Water Quality (DWQ) is required to prepare a "preliminary finding" P'finding of fact"
as to whether the variance request meets the requirements of 15A NCAC 02B .0233(9)(a). The DWQ may attach
conditions to a variance approval that support the purpose, spirit and intent of the riparian buffer protection program.
Conditions usually include stormwater management and buffer mitigation.,
Additional information will be required before we can proceed with the review of your variance request. Therefore, unless
additional information is provided as described below, we will have to move toward denial of your request per 15A NCAC
2B .0233 and will place this project on hold as incomplete until we receive this additional information.
Additional Information Requested:
1. Buffer Mitigation - Buffer mitigation will most likely be required as a condition if you choose to proceed with either the
Minor or Major Variance. If you choose to proceed with a variance, then please provide a buffer mitigation plan
pursuant to 15A NCAC 02B.0242.
2. No Practical Alternative - It appears that the proposed building can be located on several other locations on the
property without the need to impact the protected riparian buffers. Please relocate the building to avoid the buffer
impacts or provide additional justification as to why the building can not be relocated or otherwise reconfigured to
avoid the buffer impacts.
Please respond in writing within three weeks of the date of this letter by sending a copy of this information to Mr. Bob
Zarzecki and to Tom Steffens of the DWQ Washington Regional Office. If we do not hear from you in writing within three
weeks, we will assume that you no longer want to pursue your variance request and we will consider the request as
withdrawn. Please call Mr. Zarzecki of this office at [phone] if you have any questions.
Sincerely,
rnn lan ds / 401 U it
cc: Tom Steffens, DWQ Washington Regional O File copy
Central Files
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/ncwetiands/
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5. Project Location.
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 '/s x;11 copy of the USGS
topographic,map 'n icating the location of the site):
S? f f 3 a?
ng t . .?a /r a/ 44
7. Stream to be impacted by the proposed activity:
StreZn n (for unnamed streams label as "UT" to the nearest named stream):
l of L.WK ?o?ke?b ?Ra CrA?I?
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: C;, S W K)SW
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
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, 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.]:
- 'f0' x 0' ,ark 3 0 ` ,?.?vn.? d?R a s
?.?PU 2o' K Go m, t 200 .aa. ,>aac J auay"a ;6'
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,
/anew-
On MUL /Wjzlt"It" &t' Ti/C7[- lq rl?

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,
r-planting vegetation or?ancement of existing vegetation, etc.): _? WI-d 4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
P1110
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): -;C-Q W
Mailing address: LfLf 20 P P _
City, State, Zip: Avden C- 2-8s 3 _
Telephone: 252-744-?fs-ssChf 252-7It4-2 02/ t,J
Fax: 2.SL- 74/ ` 92- 2- 3
Email hay ev,(6) es n,n e- -
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
(2) How these difficulties or hardships result from conditions that are unique to the property
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion oft hardship to the entir value of t e roject.

1, e " y W- Cox (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: 18, :ZO03
Title:
Variance Request Form, page 4
Version 2: November 2000

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November 21, 2003
Mr. Jerry Cox
4420 Pleasant Plains Road
Ayden, NC 28513
Dear Mr. Cox:
On Friday, November 14, 2003 Paula Butzin and I made a visit to your property at 4420 Pleasant Plain Road to
determine if the feature on the south side of your property was exempt or not exempt from the Division of
Water Quality's Neuse buffer rules. You mentioned that you were interested in constructing a 40'x 60' structure
within the Neuse buffer.
Investigation of the site determined that the feature on the south side of your property is Not Exempt from the
Neuse River Basin buffer rules as noted in 15A NCAC 02B .0233. Your proposed impact to Zone 2 of the
Neuse buffer will require a Minor Variance from the Division of Water Quality.
Enclosed are a copy of the Neuse River Basin buffer rules, your copy of the Notice for Requirement of
Compliance of EMC Rules for Protection and Maintenance of Existing Riparian Areas, a copy of the USGS
topographic map locating the feature, and a copy of the Minor Variance request form, for you to complete if
you wish to pursue use of land within Zone 2 of the Neuse buffer.
In regards to the existing building on your property within the buffer, and the streambank stabilization efforts
that have been made at that location, streambank stabilization is allowable according to the Neuse buffer rules.
(table on page 57 of the attached copy of the Neuse buffer rules), but further plans for stabilization require
written authorization from the Division of Water Quality.
If you have any questions or comments, please contact me at [phone] ext. 230. Thank you.
Sincerely,
Chris Pullinger
NC Division of Water Quality
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
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
4% A
NCLEN7R-
Customer Service
1 800 623-7748
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NOfTm CAROLINA rURArrnnCNT Or -
ENVIRONMENT AND NATURAL R[90URCE4 ? O
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
NOTICE FOR REQUIREMENT OF COMPLIANCE OF EMC RULES FOR
PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN AREAS
Q,
PROJECT # n3 COUNTY > DWQ OFFICE
VERSION: NEUSE (15A NCAC 2B.0233). TAR-PAMLICO (15A NCAC 2B.0259)
CATAWBA (15A NCAC 2B.0243) RANDLEMAN (15A NCAC 2B.0250)
OTHER
EXEMPT NOT EXEMPT `
(DWQ INITIALS) (DWQ INITIALS)
Property Own 's ame J k-C?- C`cx
Phone Number V. a
S 'ILAlo - aI 1 (Business)
"vv
Address -1'ILAA 73
a? ' o
City State N Zip $ 1
Project Location (Nearest State Road, Nearest Water Body, etc.) /? 11
Q r'o A, ?,?t I,- 6.$ -A25 Ma c yi., ct F
54, %\\I + o,Nl \-%Nk \.rag1- 5\ a d r- 5th 1\1\ .
As indicated on attached map initialed by staff on a .r?,?hct Q
Description o Proposed Project„ L' r`
th C , Proposed
X 0.5 , <.kr0-cJ 1., 40, y (OO, 0., - 10VC4, sV : vk c F
h, > o.r S.c , i,\ Zo?? a . F lr?K b., Fir
Description of Site
t-
5 Ac: . c ??\ o. a.r o.! i s • c H.?. c-? 5R ro ' t c! .
Violation noted on site YE NO. f yes, a Notice of Violation will be forwarded from the appropriate regional office.
The propose ich is to be located and constructed as described above is hereby determined as
EXEMPT OT EXEMP fro compliance of the requirements of the aforementioned rules as it applies to section
13 A WC NM- Glib ,ua33 . This determination does not alleviate the
necessity of your obtaining any other *State, Federal, or Local authorization.
Property Owner's/Agent's Signature
DWQ Official's Signature
Date of Determination c? a ?..\nAC 14 . ?1UU3
*This project may require a Section 404/401 Permit or a CAMA Permit for the proposed activity. Inquiries should be directed to the DWQ Central
Office at [phone], Washington Office at [phone], Raleigh Office at (919) 5714700, Wilmington Office at [phone], Winston Salem
Office at ((336) 7714630, Asheville Office at [phone], Fayetteville Office at [phone], or Mooresville Office at [phone].
Complete items 1, 2j and Also complete A. ' nature
Item 4 if Restricted Delivery is desired. Agent
X
¦ Print your name and address on the reverse Addresse
so that we can return the card to you. B. • ed b hnted Name) C. Date of Deliver,
¦ Attach this card to the back of the mailpiece,
,
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or on the front if space permits 4Gr P J
. d
e 1? ? Yes
r
ss different from item
D. Is delivery d
I. Article Addressed to If YES, enter delivery address below: ? No

Jerry Cox
4420 Pleasant Plain Road
_
Ayden, NC 28513 Service Typo
DWQ# 04-0221 - Pitt l Certified Mail ? ExprqV Mail
J dRegistered .Return Receipt for Merchandis
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
Z. Article Number
702 241 0003 0275 4278
-- -
?ransfer frorh sorylc$ tabel)1
orm 3811, AUgust 2001 Domestic Return Receipt 102695.02- -
UNITED STATES POSTAL SERVI
f M Posta s , al
U uSPS
MAR Pe iilt No. G-
• Sender: Please print your name, address, and ZIP+4 in this box •

NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
1 Raleigh, NC 27604