20040527 Ver 1_COMPLETE FILE_20040406

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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

Coleen H, Sullins, Deputy Director
Division of Water Quality

May 7, 2004

DWQ Project # 04-0527
Pamlico County
Page 1 of 2

John and Pam Re
PO Box 770
New Bern, NC 28563-0770

Subject Property:

Lot 73, Section 3, Buccaneer Bay West SID, 9522 Connie Cove, Oriental, NC 28571
Kershaw Creek [03-04-10, 27-129-5, SC HQW (high quality) NSW (nutrient sensitive)]

APPROVAL for the use of the "General" MAJOR VARIANCE; From the Heuse and Tar-Pamllco Riparian Bu"er
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. Re:

You have our approval, in accordance with the conditions listed below, to impact approximately 1,450 square feet (ft2) of
Zone 2 of the protected riparian buffers for the purpose of constructing a residential dwelling and retaining wall and 350 fe
of Zone 1 of the protected riparian buffers for the purpose of CC5nstructinga retaining wall on the subject property as
described within your application dated March 31, 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. 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 350 square feet as required under
this variance approval and the Coastal General Variance. 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 .0233 and the Coastal General Variance, this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the EEP receives and

North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mall Service Center, Raleigh, NC 27699.1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604.2260 (L()Cation)

'..

John & Pam Re
Page 2 of 2
May 7, 2004

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clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in
this variance approval shall occur. EEP should be contacted at [phone] if you have any questions
concerning payment into the fund. For accounting purposes, this variance approval authorizes payment into the
Riparian Buffer Restoration Fund to compensate for 350 ft2 of required riparian buffer mitigation for impacts to 350
ft2 of protected riparian buffers; 03-04-10 river and subbasin, 27-105 stream index number."

The DWQ will also accept an alternative method of mitigation (including but not limited to Buffer Restoration or
Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0242) 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 for review and approval. No impacts shall occur to the protected buffers until the
mitigation plan is 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 252-946-6481 if you have
any questions or require copies of our rules or procedural materials.

Sincerely,

Attachments: Coastal General Variance
Certificate of Completion

cc: Jerry R. Ryan, PLS, Atlantic Survey & Design, PA, PO Box 770, New Bern, NC 28563
Tom Steffens, DWQ Washington Regional Office
DCM Morehead City District Office
File copy
Central Files

DWQ Project No. 040527
May 7, 2004

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Michael F, Easley
Govemor

William G. Ross, Jr" Secretary
Department of Environment and Natural Resources

Alan W. Klimek, PE, Director
Division of Water Quality

Coleen H, Sullins, Deputy Director
Division of Water Quality

NORTH CAROLINA DIVISION OF WATER QUALITY
Variance Approval
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS

In accordance with 15A NCAC 2B .0233, John & Pam Re have permission as outlined below and within the
attached variance approval to impact buffers for the purpose(s) of constructing a house and retaining wall within the
protected buffers. All activities associated with these authorized impacts must be conducted with the conditions listed in
the attached authorization certificate. THIS VARIANCE APPROVAL IS NOT VALID WITHOUT THE ATTACHMENTS.

COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCMENT PROGRAM (EEP)

DWQ Project No.
APPROVAL DATE:
LOCATION:
COUNTY:
BASIN/SUBBASIN:
STREAM INDEX NO.:

04.0527
May 7, 2004
New Bern
Craven
03-04-1 0
27-129-5

As required by 15A NCAC 2B .0233 and the conditions of the variance approval, 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.

350

square feet of riparian buffers

One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the 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

ECOSYSTEMENHANCEMENTPROGRAM(EE~
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]

North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mall Service Center, Raleigh, NC 27699-1650 (Mailing Address)
~~~1_~~a~!,"!! ,B!vd" ~a~~lil~_~~_~6~4-~2~~ (~~atl~~) ~u.

Atlantic Survey & 1)esign, PA
[phone] . 302 South Front St. . PO Box 770, New Bern, NC 28563 . Fax [phone]

DATE:

March 31,2004

04052l
~DS /401 GROUP

APR 0 6 2004

WATER QUALITY SECTION

TO:

NCDWQ 401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

FROM: Jerry R. Ryan, PLS

SUBJECT: Minor Variance Request

The enclosed form and accompanying paperwork was prepared by me as agent for the
property owner and I will be happy to answer any questions concerning same. Please
forward completed request to property owner addressed on form.

Thanks

Email ;[e-mail]

I OFFICE USE ONLY: Date Received Request #

State of North Carolina, Department of Environment and Natural Resources, Division of Water Qual~NDS3i~; GR

Wetlands Unit OUP
2321 Crabtree Blvd -- Suite 250
Raleigh, NC 27604-2260

APR 0 6 2004

WATER QUALITY SECTION
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules

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NOTE: This form may be photocopied for use as an original,

Please identify which Riparian Area (Buffer) Protection Rule applies.

Y Neuse River Basin: Nutrient Sensitive Waters Management Strategy
/ " Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)

o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B .0259)

o Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)

Part 1: General Information
(Please include attachments if the room provided is insufficient.)

1, Applicant's name (the corporation, individual, etc, who owns the property):
John and Pam Re

2, Print Owner/Signing Official (person legally responsible for the property and its compliance)

Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:

John and Pam Re
Owner
PO Box 770
New Bern, NC 28563-0770
( 252) 633-6649
( 252) 514-2858

3, Contact person who can answer questions about the proposed project:
Name: Jerry R. Rvan, PLS
Telephone: ~) 633-6649
Fax: ~) 514-2858
Email: [e-mail]

4, Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc,):
Lot 73, Section Three, Buccaneer Bav West

Version 2: November 2002

5. Project Location:
Street address: 9522 Connie Cove Road
City, State, Zip: Oriental, NC 28571
County: Pamlico
Latitude/longitude: N 35-01-58 W 76-43-05

6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS
topographic map indicating the location of the site):
NC 55; riaht on NCSR 1005: left on NCSR 1311; riaht on Murohrev Blvd; riaht on Doris Dr;
left on Connie Cove
See attached copy GIS map

7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream): Kershaw
Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or .0316 (Tar-Pamlico)]: ~_m0315. Neuse

8. Which of the following permits/approvals will be required or have been received already for
this project?

Required: Received:
NO
YES NO
NO
YES YES
NO
NO
NO
NO

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)....m.mm___.m_m_ m_'_m'mm

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7-12-91 installed

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 fe.]:
700 Sa Ft. dwellina encroachment into Zone 2 of riparian buffer
750 Sa Ft. Retainina wall into Zone 2 of riparian buffer
350 Sa Ft. Retainina wall into Zone 1 of riparian buffer as shown on attached plat

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:
Lot is too narrow for alternate plan

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,
re-planting vegetation or enhancement of existing vegetation, etc.):
Maintain Silt fence durinq land disturbance and re-veaetation of qrasses and new landscape plants
as soon as possible

4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Lot would not be able to be utilized in a practical manor

(2) How these difficulties or hardships result from conditions that are unique to the property
involved. ....
Refer back to auestion 2 and enclosed plat for obvious self explanation

(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.
Refer back to all previous auestions and enclosed plat for obvious self explanation

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): .... Jerry Rvan. Atlantic Survey & Desian. PA
Mailing address: PO Box 770
City, State, Zip: New Bern
Telephone: [phone]
Fax: [phone]
Email:[e-mail]

Part 5: Applicant's Certification

Variance Request Form, page 3
Version 2: November 2000

I, John and Pam Re, 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:

03/31/2004 __~
Agent for Owners _m~m"m'mmmm~ ~~mm

Variance Request Form, page 4
Version 2: November 2000

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Buffer Zone fncrolJchments
700 Sq Ft - House encrotJchment Into Zone 2
750 Sq Ft - RettJln/ng wtJlI encrotJchment into Zone 2
350 Sq Ft - RettJining wtJlI encrotJchment into Zone 1

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ReSurvey of
Lot 73 - Sect0n Three
I3UCCANEER I3A Y WE5 T

q522 Connie Cove ROtJd
for

Jolin + PeJm Re

TOWNSHIP No, 2 PAMLlCO COUNTY NORTH CAROLINA

DATEI JtJn 30. 2004 At/tJfItlc Survcsy + DCS6/gn. ,.A

JOB NOI 4015 1.:305 Country Club RotJd
New Bern. North Ctrol/ntJ
(252) <D.:3.:3-G<D4Q

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