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Home My WebLink About20040390 Ver 1_COMPLETE FILE_20040315 Michael F. Easley, Governor p William G. Ross Jr., Secretary ? y North Carolina Department of Environment and Natural Resources } r Alan W. Klimek, P. E. Director "l t? 'C Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality May 7, 2004 DWQ Project # 04-0390 Craven County Page 1 of 2 Robert & Barbara Sleight 214 Channel Run Drive New Bern, NC 28562 Subject Property: Lot 90, 214 Channel Run Drive, New Bern, NC 23562 Plantation Canal [03-04-10, 27-10142, SC Sw NSW (nutrient sensitive)] APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS Dear Mr. & Mrs. Sleight: You have our approval, in accordance with the conditions listed below, to impact approximately 70 square feet (ft2) of Zone 2 of the protected riparian buffers for the purpose of constructing a;sunroom on the subject property as described within your application dated March 9, 2004 and received by the NC Division of Water Quality (DWQ) Wetlands/401 Unit on March 15, 2004. This letter shall act as your approval for the use of the "General" Major Variance; From the Neuse and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS as approved by the Water Quality Committee (WQC) of the Environmental Management Commission (EMC) on May 10, 2001. In addition, you should get any other required federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control and CAMA permits. This approval shall expire when the variance expires on April 11, 2006 unless the variance is renewed before that time by the EMC. This approval is only valid for the purpose and design that you described in your variance request. If you change your project, you must notify us and you may be required to send us a new request for approval. If the property is sold, the new owner must be given a copy of this approval and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed below. Conditions: 1. 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. 2. Diffuse Flow All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-erosive velocities prior to entering the protected riparian buffers as identified within 15A NCAC 2B.0233(5). No new ditching or piping of stormwater through the protected buffers is allowed. 3. Protective Fencing The outside buffer boundary and along the construction corridor within this boundary approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas 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/ Robert & Barbara Sleight Page 2 of 2 May 7, 2004 that have been approved to infringe within the buffer prior to any land disturbing activities to ensure compliance with 15A NCAC 26 .0233. 4. No Impacts to Zone 1 No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities designated as "exempt" within 15A NCAC 02B .0233), unless otherwise approved by the DWQ. 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 that 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 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-or Tom Steffens at 252-948-6481-if you have any questions or require copies of our rules or procedural materials. Sincerely, Attachments: Coastal General Variance Certificate of Completion Wctor .E. cc: Tom Steffens, DWQ Washington Regional Office DCM Morehead City District Office File copy Central Files DWQ Project No. 04-0390 May 7, 2.004 bz t AM A 14W OFFICE USE ONLY: Date Received Request # } State of North Carolina Department of Environment and Natural Resources Division of Water Quality "General" Major Variance Application Form - From the Neuse 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. Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233) ? 1 ar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0259) NOTE: To constitute 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 Certfcation Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete submittal This form may be photocopied for use as an original. WETLANDS/ 401 GROUP Part 1: General Information MAR 1 5 2004 (Please include attachments if the room provided is insufficient.) 1. Applicajigt's name (th corporation, individual, etc. who owns the property): WATB 2. -Print Owner/Sig Name: Title: Street address: City, State, Zip: Telephone: Fax: ning icial (person legally responsible for the property and its compliance) -- --- / 4! -- - -- - -------- -- - - 3. Contact person who can answer questions agout theproposed project: Name: --- c:._... -------------------- ---- Telephone: -- -__ --- - ----'-- ----_ - -- - -- _-- - Fax: Email: "General" Variance Application Form Version 1: May 2001 V 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): 07-1-120 ----------------------------------------------------- 5. Project Location: Street address: v7 i 96 _&l_ City, State, Zip: -- °-----4; ?------------------ County: -----e?f•!? ----------- -___-___----------------_ Latitude/longitude: ----- -------- -_ --------____-- 6. Directions to site from nearest major intersection (Also, attach an 8 Y2 x 11 copy of the portion of Me USGS topographic map in icating the location of thg,site): 7. Stream-to be impacted by the proposed activity: Stre name (for unnamed stre s label as "UT" to the nearest named stream): Stream classification (as identified within the 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: Permit Type: CAMA Major CAMA Minor 401 Certification/404 Permit On-site Wastewater Permit _ .. Active Connection to Sanitary Sewer System 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 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: "General" Variance Application Form, page 2 Version 1: May 2001 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-plant n,9 vegetation o nhancement of existing vegetation, etc.): c?tUl X f G.p/(J iI.ZJ 6-? ?iCJ/ G ?? !7 xl 29 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. - le? As' C-?-,e%A ??irarl,f 1.?c?.. 7i?o--r' ???r? G'?/rvN Lr ?? .?lJc (2) How these difficulties or hardships result from conditions that are unique to the property involved. ----------------------------- .. -- - ------------------ -- - -------------------------- ---------------------------------------------- (a) 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. -f---------------.,_,?...... - -- t _ -- --- ------- __- 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 ran 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: -_.-------_. "General" Varianoe Application Form, page 3 Version 1: May 2001 Fax: Email: Part 55: Applicant's Certification 10- ------ (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 thi form will be recorded with all required permit conditions. (s,? Signature: Date: Title: NC Division of Water Quality (DWQ) 431 Wetlands Certification Unit 2321 Crabtree Blvd. fLOCATION) 1850 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27899-1850 f%19) 733-9726 (phonel, httr7:1/}?2;i.enr.5tat-.nc.usr?civ? t#- nd?! RALEIGH REGULATORY FIELD OFFii--E US Arany Corps o Engineers 6508 l=ulls o; (fie Neuse Road Suite. i ^G Raleigh, Nort1h Carolina 27615 r.=';'i?i:rc ± #til.'i7?tJC-'r: (? 19) '? O-f5:1 c±-"I VVASHINGTCY-4 REGULATORY FiEt_D OFFICE US Arr;iy Corps oi Engineers Rost Off ice Box. 1,000 :''v!ashiniton, Norih Carol4ia 27899_ 1010-: ?eral N-L!!,?t,cr. (252) 975-16116 lit^:!/YJS't^`:.S<:i^J.USace. army lli L:dr?t#nrldslrE -Iouf.ht Yi Civisk : o' Co :'staff IVIa- ?.gP-mcn) 943 101 shington S.quar; t'tiall Washing#on, NC 27889 hone: 2.52.!94P6-6481 Morehead City District Office Division of Coastal Manaaemient '51-66 Highway 24 V Nlorehead City, NC 28557 phone: 252/308-2808 'General" Variance Application Form, page 4 Version 1: May 2001 - r r, LEC-,5ND efts'T. 1F-ow PlFF- r? r ?`kNE laxly /?? AREA ?>(?1 c,q.?t• f? r•4 3 All .1 1 o.? y 30.3' l1. n \ lbs. F. D. ? F. EL, ILP ? 9O ? ? ` r 9t s" o J J . ?O _ Q l W Z44 7p,? U ? ? per, L . Ec..¢.1 w QR vull. RO Qv? Q(LtvE r!o0 eeONA SJ U?4EP-caPovuO rzt.r . TOL-. CaEgVlcE's. E5Y GtiROUNa U-IAT??. Sr:?vlcE co. t ,. ELEyATlo"c VA5eC7 ON M. S, L. DA-rUM. `l '.,y . ?Op2E°.?? : 'Litz. (..{-?ANtJEt_ RUN Da1vE SLI Na"( 4F ROBERT SLEIGHT p ? ? BARBARA SLEIGHT I ? 214 CHANNEL RUN DR. NEW BERN, NC 28562 • 9 M ,? 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