* 24412.0029 ECEIV. DEC122 2024 CHESAPEAKE BAY PRESERVATION ORBINANEE Waiverand Exception Process Guidance for Activities in the Resource Protection Area (RPA) Property owners interested in working in the Resource Protection Area (RPA) may be required tor request a variance through the Waiver or Exception process. The following are, general guidelines and are not intended to represent every possible activity within the RPA. Please contact the Department ofEnvironmental Programs for specific inquiries @I-804-693-1217, stop by the Office at 6489 Main Street, Gloucester, or visit our Web Site at http/www.gloucestervainfolcodesyEnvironmentenyhome.htm. Waiver Process (Staff] Review), defined in Sec. 5.5-12; for variance to requirements of Sec. 5.5-9B (may include areas beyond the RPA); $50 application review fee. Applications available 1.3 Additions to or modifications ofar non-conforming principle structure (existing before County adoption oft the Bay Act October 15, 1991), outside the seaward 50 feet ofRPA 2. New construction on an undeveloped, non-conforming lot (existing before October 15, 1991)with no other buildable area outside oft the Resource Protection Area, outside the 3. Passive recreational uses/structures such as trails, communty/masructional gazebos (e.g. Gloucester Point Beach), community trail system (e.g. Riverwatch Community). Exception Process (Preservation and Erosion Commission), defined in Sec. 5.5-14; for variance to requirements of Sec. 5.5-7B and 5.5-9C, requiring Public Hearing: $275 application fee. Meetings held 2nd Wednesday of each month, application deadline 1"working day of month for following months meeting. Applications available on-line or in the Department of 1. New construction on an undeveloped, non-conforming lot (existing before October 15, 1991) with buildable area outside ofthe Resource Protection Area. 2. Construction of, additions to, accessory structures (garage, pools, sheds, pads, 3. Construction of, additions to, principle structures within the seaward 50 feet ofRPA on-line or in the Department of Environmental Programs. (between 50 & 100 feet). seaward 50 feet ofRPA (between 50 & 100 feet). Environmental Programs. impervious areas, grade alteration, etc.). (between 0 & 50 feet). 4. Reviews, waiver appeals, and violation. Administrative (Staff) Review 1.R Reasonable sight lines; access paths; woodlot management; and Best Management Practices. 4. Casualty loss replacement of principle structure with no increase in impervious area and no A Water Quality Impact Assessment is required for review of all activity in the RPA (Sec. 5.5-11). 2. Removal ofdiseased, dead, dying trees and tree thinning (Sec. 5.5-9CIc). 3. Shoreline erosion control projects. advancing encroachment. Officed ofE Environmentall Programs 64891 Main Street Gloucester, Virginia 23061 Rev 10/27/15 2412002 PEC-24.47 Chesapeake Bay Preservat Ordinance Exception Application Public Hearing Process through the CBI Preservation and Erosion Commission ($275.00 App. Fee) Application Type: ZException Appeal (to And application for exception is required for new, non water-dependent development, redevelopment, and construction within) fifty-feet ofresource feature. A Water Quality Impact Assessment shall be. submitted) for all activity occurring in Resource Protection. Areas. APPLICANTIAGENT INFORMATION: Name: Matthew Stewart Address: 5301 Merganser Circle City/State/Zip: Gloucester, VA 23061 PROPERTY OWNER INFORMATION: Name: Matthew Stewart Mailing Address: 5301 Merganser Circle City/State/Zip: Gloucester, VA 4 23061 PROPERTY INFORMATION: Tax Map/ RPC#: Date Lot Recorded: Distance to nearest RPA feature: DETAILS OF REQUEST: Phone: 202-641-6609 Email: mstewar2@gmal.com Phone: 202-641-6609 PC 3170 038.10/7/31170 E911/Street Address: 5301 Merganser Circle Nearest Water Body: Carter's Creek Sq. ft. of encroachment: To add 8'x20' pergola to existing poolldeck plan, which was approved by the CPBEC on 4/12/23. The pergola will be located within the footprint of the prior approved poolldeck plan. Please see prior approved docs for mitigation measures, surety payment, etc. DIRECTIONS TOTHE PROPERTY: PRIVACY ACT STATEMENT: Information provided in the Chesapeake Bay application willl be used in the permit review process and isa matter of public record once the application is filed.) Disclosure of the requested. information is voluntary, but it may not be possible to evaluate the permit application or toi issue aj permit ifthei information requested is not provided. CERTIFICATIONETE am hereby applying for all permits typically issued by the DEQ, VMRC, U.S. Army Corps of Engineers, Chesapeake! Bay process, and/or Local Wetlands Boards for the activities I have described herein. - agree to allow the duly authorized representatives of any regulatory or advisory agency to enter upon the premises ofthe project site atr reasonable times to inspect and photograph site conditions, both in reviewing aj proposal to issue aj permit and after permit issuance to determine compliance with the permit. In addition, Icertify under penalty ofl law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there ares significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Matthew Stewart Name (Printed) OficeofEnvironmenal Programs 74 Signature 484 Date 64891 Main Street Gloucester, Virginia 23061 Rev 10/27/15 Chesapeake Bay Preservation Ordinance Exception Application Page 2 Conditions for granting exception (Sec. 5.5-14): 1. Requirements shall be minimum necessary to afford relief from causing a degradation of water quality. subject to its provisions and are similarly situated. 2. Reasonable and appropriate conditions are imposed, as warranted, that will prevent the allowed activity 3. Granting exception will not confer applicant any special privileges that are denied to other property owners 4. Exception is in harmony with purpose and intent of Ordinance and not of substantial detriment to water quality. 5. Exception. not based on sell-imposed/created conditions or circumstances. 6. Other finding, as appropriate and required by County. OFFICE USEONLY Pentamation # 2412c0z4Apiaim .Ni5-m.275.Ce Reipt#OIRTIVA Date Rec'd 1Z12124 Reviewing Authority: COMMISSION DECISION: APPROVED: CondtionsyCommens: Hearing Date: Approval is valid for. 36 months from date ofa approval. DENIED: Comments: *Please be advised that you may appeal the Chesapeake Bay Preservation & Erosion Commission 's decision, in writing, to the Circuit Court of Gloucester County within 30 days of the date ofi this Commission's decision. Commission Chairman Signature Mitigation plan required: YESONOD Mitigation plan approved: Date Mitigation Completed: Amount of Surety Required: $ Date Surety Released: Date Entitled: Dated: Square foot Minimum Inspected By: Date Posted: Receipt#: Chesapeake Bay Program Administrator Date Office of Environmental Programs 64891 Main Street Gloucester, Virginia 23061 Rev 10/27/15 STER t cowt 24120029 CBPEC WATER QUALITY IMPACT ASSESSMENT Project# 2417DD3D (Required for all declopmasuindecdopment int the Resourcel Protection. Area; CBPO5.5-11) An engineer or design professional may be requiredto conduct this water quality impact assessmen!. ifthe proposed land disturbance is greater than 10,000: square feet or the proposedeneroachment is into the. seaward. 50 feet of the 100-foot Resource Protection Area (RPA) buffer. CBPA Exception Application Type: D CBPA Waiver Application # (OFFICEUSEONLY: Tax Map#: 038/J10/7 Applicant: Matthew Stewart Phone #(s): 202-641-6609 Property Owner: Matthew Stewart RPA Modification (Admin. Process) RPC#: 31170 Email msimaru2@pmailon Street Address: 5301 Merganser Cir, Gloucester, VA 23061 A: site drawing, which shows the following, must be attached to this water quality impact assessment: 1. Location of the components of the RPA, including the 100-foot buffer area; 2. Location and nature of any proposed encroachment into the buffer area, including, type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover; sewage disposal systems or reserve drainfield sites; 4. Location of existing vegetation onsite, including the number, type of trees, caliper and other vegetation to be removed in the and wells. 3. Type and location of proposed best management practices to mitigate the proposed encroachment; buffer to accommodate the encroachment or modification; and 5. Type, size, and location of replacement vegetation. Site Conditions (of site and adjacent lands): Existing Topography: Soils: Hydrology: Geology: Filll Material (source and composition): Total Amount of Disturbed Area (R?): Total Amount of Underbrush Removed (AP): 0 Number of Healthy Trees Removed: 0 Number ofTrees Limbed or Pruned: 0 Number of Dead/Dying/Diseased Trees Removed: 0 Proposed Vegetation Mitigation. Measures: Number of New Canopy Trees Proposed: 0 Number of New Understory Trees Proposed: 0 Number ofl New Shrubs Proposed: 0 Gloucester County Environmental Programs Total Amount of Cleared Area (R?):. Existing Vegetation: Types: Types: Types: Types: Types: Types: Types: 6489 Main Street, Gloucester. VA 23061 Rev 8/13/19 OFFICEUSEC ONLY DECISION: APPROVED: DENIED: Pentamation #r 24120030 Application Rec'dby Rence Date Rec'd 17/12/24 Review by Staff: ConditionsyComments: Comments: Mitigation plan required: YES D1 NOI Mitigation plan approved: Date Mitigation Completed: Amount of Surety Required: $ Receipt#: Date Surety Released: Chesapeake Bay Administrator: Square foot Minimum Entitled: Dated: Inspected By: Date Posted: Date: Signature Gloucester County Environmental. Programs 6489 Main Street, Gloucester, VA 23061 Rev 8/13/19 TAX MAP 38J PARCEL (10)-9 N/F SUSAN K. FRISHKORN D.B. 341 PG. 533 C.P.B. 21 PG. 1089 AD - SHED SHED B LP TANK 94' Pool waob DECK GENEATOR wobo DECK Payrh SL LOT 7 CAR PETSWORTH GLOUCEST SCALE: 1" = ALISTARJ. 7319 MARTIN STREET SUNE HVAC: #5301 172 STORY VINYL SIDING CATV PD WOOD DECK SH PICKET FENCE e WELL HOUSE DETAIL SCALE: 1"= 25'