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HomeMy WebLinkAbout20100111 Ver 1_Minor Variance_20100210k ??A ????? NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary 02010 Variance Request Form - for Minor Variances Protection and Maintenance of Riparian Areas Rules NOTE: This form may be 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 0213.0243) 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): )742 e 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: H-Ey A-iAJ,;t)N 6a)Ay_ _ Title: _ gL? _ Street address: A)A City, State, Zip: C Telephone: csa } Fax: 3. Contact person who can ,answer que do s about the proposed project: Name: t-t Telephone: A5a)?? - 53 Fax: V6 249 Email: o -z PanA62TI aLLCTt1_-Wz , (z1`'a Version 4: July 2009 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, , veration and maintenance agreements, etc.): 7'A `I n,_hA 14 1 .1 L?) R n i ? li E C, A R AC, r Ann i -r I a x\ 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: W 6. Date property was purchased: I t41- E 21 Tr=y 7. Is your project in one of the Coastal Counties covered under the Coastal Area Management Act (CAMA)?/NO 7a. If you answered yes to question 1, in which AEC do you fall (30 ft or 75 ft) ?_ 7b. What is the total percent of impervious cover that you have proposed within the AEC? Lam- (Fill in the blank). 8. Directions to site from nearest major intersection (Also, attach an 8 1/2x 11 copy of the USGS topographic map indicating the location of the site A _ I_E T NN I LLI S Ay 1 C -t' -n ?4 T a S Pt21 ? , CS P_ E LE_ El: Qt4 L _ LEtitJ D KL*?o IS I N Kt C? l?s NET E K 1K0 !gy p Tu??? r??YP?-rE 9. Stream to be impacted by the proposed activity: Stream name (for unnamed streams 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)]: 5? DNS W 10. 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.) Description/purpose 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.]: 5F_ E ATTLGRF.h Variance Request Form, page 2 Version 4: July 2009 1 2. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfi ured to better minimize or eliminate disturbance to the riparian buffers: 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-plantin vegetation or enhancement of existing vegetation, etc.): 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule_ (2) How these difficulties or hardships result from conditions that are unique to the property involved. (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. 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: Variance Request Form, page 3 Version 4: July 2009 Designated agent (individual or firm): Mailing address: 6 f, it r- City, State, Zip: Telephone: Fax: Email: Part 5: Applicant's Certification I, H2 'X' 9.b2 4 )5 e Ltd ? (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: Variance Request Form, page 4 Version 4: July 2009 Ar4 u r U2--M n Part 2, Proposed Activity 1. Plot map and proposed site plan for addition are attached. The plan is based on the 50' buffer requirement but because of the limitations imposed by the location of the existing home, the garage requires a 335 SQFT infringement on the 50' buffer. 2. Placement of the attached garage addition is limited by the manmade gut, the location of the existing underground utilities, service entrance, main electrical panel, heat pump, septic system, other buffer locations and the need for direct access into home. Jay Browne's physician has stated his need for direct protected access to insure his safety. 3. Mechanical equipment will be limited to within the foot print of the proposed addition whenever possible. We are willing to replant, reseed and make use of filter cloth as recommended. 4. (I)Without use of protected home access our use of our home will be impacted. (2) If the unique shape of the lot, the man made gut and the marsh area were not present we would not be impacting the 50' buffer..(3)We have a significant investment in our home and that would be threatened should we not be able to access it freely. (4)My husband Jay Browne is recognized as physically handicapped according to the guidelines set forth by the ADA to x A to rn t UA O { Q OD m t rn a A r z r AD v ti J r?x > c S r Ab a ?. ? 1 N n Q ? i 7 3?4 .?} 49 x in <.0 s 060 76 i 14,3 MARK o s?,? ?4 fit' + IN 1 "a ?y t f i ?t ^"r4... k4y r t t } W k: t- o U ft 1 C's A+ i s. i? J co m Q c C r -0 ra; _t 0 r Permit No. e79 / Date: 0 Environmental Health Section Beaufort County Health Department 220 N. Market St. Washington, North Carolina 27889 (252) 946-6048 OPERATION PERMIT Owner: Phone: W4? Addressaea-SZ-9a/' ? u ber:d ??t? State Road Number.- 14, 0 T T?,Zirtictur : 1-bkkS6 Septic Tank: PV115 T7?y Pump Tank: 0 Yes e No 10-DIGITPIN-7 O _7_4 -f r7kr7 Additional for all systems: Landscape system area for surface water runoff and grass. Do not place drive or any building over the system area or repair area. Remarks: existing Sy Nj S? s? •, SYSTEM DIAGRA Environmental Health Specialist: Date: q as- CHECK LIST FOR APPLICAI`ION COMPLETION (SEPTIC TANK PERMIT) [ ] DATE OF APPLICATION `),® ('D 3 [] OWNER'S NAME e4GWNlP- , n [ ] LOCATION ADDRESS ??-rt3 c? ?o-?c< I'`? rsv +R [ ] PHONE NUMBER WHERE YOU CAIN! REACHED 2 Z g - b ©?I [ ] LOCATION OF PROPERTY (.SPECIFIC .DIRECTIONS) H e- Sxo?? NC TAX PARCEL IDENTIFICATION NUMBER - 7s l' t i4-DIGITS [ ] MAP OF PROPERTY OR BOUNDARY SURVEY l [ ] Qts`` ,. ; SITE PLAN: SHOWING DWELLING LOCATION OR PROPOSED LOCATION, DECKS 6 DRIVEWAY, BUILDINGS, POOL, ETC. TO SCALE (SCALE NOT TO EXCEED I" = 40') [ ] PROPERTY MUST BE STAKED BY FLAGS AT THE CORNERS, MOWED, BUSH HOGGED, ,?fr ` AND IDENTIFIED BY LOT NUMBER` NOTE; EXISTING,SEPTIC TANKS MUST BE FLAGGED, AND ^ THE TOP MUST Be UNCOVEtED. .71 TYPE OF INSPECTION WATER SUPPLY [ ] SIGNED BY OWNER OF PROPERTY YOUR APPLICATION CANNOT BE PROCESSED UNTIL ALL OF THE ABOVE ITEMS ARE COMPLETED OR DONE. ALL OTHER APPLICABLE PERMITS MUST BE SECURED AND OBTAINED PRIOR TO THIS PERMIT ISSUANCE. THESE MAY INCLUDE: CAMA, LAND QUALITY CORPS OF ENGINEERS, ETC. NOTE: YOU MUST CHECK WITH YOUR LOCAL MUNICIPILITY TO SEE IF YOUR PROJECT. OR LOT IS WITHIN THEIR LOCAL JURISDICTION, PLANNING, ZONING, ETC. I understand that before this lot/site can be evaluated, the application must be filled out completely And the tottsite must be: 1. Stared of flagged at the corners 2. Cleared to permit easy access 3 Identified by marker or such on road frontage I WILL CALL- ENVIRONMENTAL ?iEALTH A'1(1,SZ} TJ T `? r {_' ; ;?$ t, ?Jti%? lu a Z ? 1?4A va,?sv7rv Y. ^C ??'D g+r ;y,° 'T ?F RE I"Al A Q $?? RI7rYISI T FE EAC II TII4IEr A WILL WILL r t {, WARRANTED. ,APPLICAWtS,SIGNATLIRE: DATE: PERSON TAKING THE APPLICATION: DATE: fi DATE APPLICANT CALLED: PERSON RECEIVING CALL: 1 tow i i SEWAGE `DISPOSAL 'RECORD 4,-'- County Health :Department G Name of Occupant W?C_ Location _of Building. W--- :C. )ate :of installation , /? Name of :Owner -? Type of Privy.Constructed / ` Date inspected 16 1 6,1,1 `S Permit No. ! S Septic Tank F-,H. A.:Case'-Yes. ,(Material and shape) Capacity. eS?cS'G, 'No Number of `Bedrooms Type Secondary,Treatment Source of )Water :Supply ?c J Distance =From Nearest Tol lution Ft. Contractor,.or 'Plumber - ;Address Approved ;by Remarks N. C. STATE,BOARD'OF iHEALTH Fora No.-479 Rev. 4/67 Number 'Kew-or.-Repaired (Over) . •a}ep aa}et le_pa}eoot eq_Aew suoI}eIle.}suI }ey} aapao U1 s}uawa.inseaw ui a}iaM 'o}a 'Aliadoad }uaoefpe uo sai(ddns .(a}eM 'sainlid '94ue} o!}des 'asnoy p uoileoot 6u!M048 uoi}elte}sul }o 401019 aIeW :310H 43 1 TION OWNER/ / /?/' exx-111(71? WHITE COLORED l ADDRESS OCCUPANT `'-- WHITE COLORED PRIVY: Type wood concrete Number New date Repaired date WATER SUPPLY: j +,? J `--? Source if well, type (Bored) (Drilled) (Dug) Distance from nearest pollution ft. Form No. 473 (Rev, 9/58) SEPTIC TANK: FHA CASE NUMBER Material Dimensions VA CASE NUMBER CJ Volume Type secondary y? ?- treatment nitrification line filter trench No. of bedrooms 3 Permit Number. r Date Approved Date Approved by ?r.1'e,,. i . Aj Contractor or Plumber,! Address Remarks SEWAGE DISPOSAL RECORD NOTE: Make skecch of installation showing location of house, septic tanks, privies, water supplies on adjacent property, etc. Write in measurements in order that installations may be located at later date. I I I I I t I r ? I ? ; I I [?-1-" I I I I I I t ?? 1 ? I i I I t I I i I I i ? I 1 I t . t t 1 H ' F f I 1 I t l I I I I I I r l l ` t I I I t fill I I I lif ? r l i 1 I ' I '?' l I I I J . a-, --- r - 1 I f t 4 it I i _ I I I I t 7 4 - 1- --` 7. --- 1 I I -- ' I I I 1 I ? ?_V V t"? i pwner - Contractor•? °p r" BEAUFORT COUNTY HEALTH DEPARTMENT IMPROU ? Permit No NTS PFRMTT ate: House [3 Mobile Hom usiness Location: Address: ? f :? aC State Road No. • ?-'. Lot No. Lot Size . Ft.,- f I No, ooms No. Baths _.: Washin :Machine:. p? Tank Size:. ( Nitrificatior Percolation Rate: Soil Condition: Water Table: - Remarks: IGarbaQe Disposal; Improvements Permit B'. ".:Name : Owner Contractor: ?.,, , .? Permit No. . ? # A BEAUFORT COUNTY HEALTH DE Tf1ENT Data: oc8 - Address: . Lot No. Type o lli :. o. e o No. -Baths: l?ashe bishwasher:. Garbage Dis posal : Water Su 1 -Source: e Well., 10istance - Neares t Pollution: tj } # Plot Plan. r. [,.C8rtificate of Comple t i o n i + :..... m 93 V AY ' 4` ? E O .t 1tf L. E. MERCER ATTORNEY-AT-LAW WASHINGTON. NORTH FAROLINA This Ceed made and executed this the PAI.&Y Of ter designUed as par- 1 r, ..i of sum of ten dolloars to thein I)Ad by pEr- n i:C ? whereof is c"t1her Ft ar eI'l frorr1, of ,;- a '.. i. <a j sell, A.tP.. con-vow- u.! a.}.?'-,1 th'., .:: ,.._ V- party the second _ ' `?" _ _ - ?,_ •. _ ..?_' . -, .?i ,?. eo certain ?? 4,rCf_t..-i . or ,,.c.__t. .-_ of i _n. situate .;'i. f r L• r ol..YZ y, Rt ch ';.1 d T J n.,sh CJ y a-n 7 1; L cu F' r:e 1;t; the line F4 t r .i ly to w roAqtCA3..'.-E'. 00 K.t 0 -1, _:z _L Lv deed dpte,,t' July 2,J910 -:,?:ecuLted- i L y+'? ??< ..+,J1_ i4F +l S ,. :._. 1' . ct A. va nOL .I 1. z.( E._kk(.v W ,I l is C} w & s__ S ,a.I1 d bO t usd. j as followsReginning at Rush r Bush Marsh to ,a c..eQ.acedar A)C st,L,hi nce A1Itis to rshgunniag to Goose Cr , c l.i bc.,t.'k to the fn 00 - ry June 24,1918&xecutec 17, t; _ t T 'ma'y n tJ.il'+: a o"s i'?Rr 243 page 283 At ?Cr ?.Lk? `s C.(.t:t)'e ?f 1.._p kC Brc:dl(, Aft. to t I i,. 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V ,.. her(.-: u1 a.._, o.. e. t 'i.%b ... i T ?. : n(i_ w :1:.'.te. ?: c. -... ,.c`:....1.. t Y r 2 i Lac 17- :'IT T, COUETTY . S _ - t' Notary n V.L S?,?t. wr,' i? r .. an ,,. i? !"_i?l l ?v w?i Ci-.,L L< ?.SJ i i. ?'? (.i d-.iL•y i1 ?d S?-.? S I) hcL+C?t?? T C-p,.. er.,re,, before mn JsTvr®rl* .,JS, c`_n v:`i f e niTc,i c,, >r _, t . C?_t?t E. 8 ie f`L1t 1.c) x 1 of ti.1e _"o1 c-jfJin? decd - C. ^i'1 e' Y ? .t,'.C g L T.r ,.:<' r. 1.t' ji e c l_E? M p e :).' 1.? cJ:. Ts i Tl wT'r,'r')..?.e'?:,_ . ' J 4- 4- OF LINA TETTERTON CANADY s 1, LINA TETTERTON CANADY, of Craven County, North Carolina, do ?r?ake;" publish and declare this to be my Last Will and Testament and I hereby re';voke?ll wills and codicils heretofore made by me. ARTICLE I PAYMENT OF EXPENSES AND DEBTS. I direct that my funeral expenses, including the cost of a suitable grave marker, the costs of administering my estate and all legal debts allowable as claims against my estate, be paid out of the general funds of my estate as soon as practicable after my death. In the event that any property or interest in property passing under this will or by operation of law or otherwise by reason of my death shall be encumbered by a mortgage or lien,or shall be pledged to secure any obligation, it is my intention that such indebtedness shall not be charged to or paid from my estate, but that the devisee, legatee, joint owner taking by survivorship or beneficiary shall take such property or interest in property subject to all encumbrances existing at the time of my death. ARTICLE II PAYMENT OF TAXES. I direct that all estate, inheritance, succession, death or similar taxes assessed with respect to my estate herein disposed of, or any part thereof, or any bequest or devise contained in this my Last Will (which term wherever used herein shall include any codicil hereto), or on any insurance upon my life or on any property held jointly by me with another or on any transfer made by me during my LAW OFMCES DUNN AND DUNN 3230 COUNTRY CLUB ROAD DRAWER 1389 NEW BERN, NORTH CAROLINA 28560 TELEPHONE 633.3800 PAGE 2 lifetime or on any other property or interest in property included in my estate for such tax purposes be paid out of my residuary estate and shall not be charged to or against any recipient, beneficiary, transferee or owner of any such property or interest in property included in my estate for tax purposes. ARTICLE III TANGIBLE PERSONAL PROPERTY. I give and bequeath all of my personal and household effects of every kind including but not limited to furniture, appliances, furnishings, pictures, silverware, china, glass, books, jewelry, wearing apparel, boats, automobiles and other vehicles, and all policies of fire, burglary, property damage and other insurance on or in connection with the use of this property to my children surviving me, in approximately equal shares, provided, however, the issue of a deceased child surviving me shall take per stirpes the share their parent would have taken had he or she survived me. If my issue do not agree to the division of the said property among themselves, my Executor shall make such division among them, the decision of my Executor to be in all respects binding upon my issue. I request that my Executor and my issue abide by any memorandum by me directing the disposition of this property or any part thereof. This request is precatory and not mandatory. If any beneficiary hereunder is a minor, my Executor may distribute such minor's share to such minor or for such minor's use to any person with whom such minor is residing or who has the care or control of such minor without further responsibility and the receipt of the person to whom it is distributed shall be a complete discharge of my Executor. The provisions of this Article III shall not be construed as bequeathing any money, securities, choses in action or other intangibles. LAW OFFICES DUNN AND DUNN 3230 COUNTRY CLUB ROAD DRAWER 1389 NEW BERN, NORTH CAROLINA 28560 TELEPHONEi (SIS) 633-3800 PAGE 3 ARTICLE IV SPECIFIC DEVISE. I give and devise to my daughter, Hix Canady Robinson, if she shall survive me, all that certain tract or parcel of land lying situate and being in Richlands Township, Beaufort County, North Carolina, being more particularly described as follows: Beginning at a point in the southern right of way line of a dirt road, said point of beginning being located approximately two miles eastwardly along the centerline of the dirt road from the intersection of the dirt road with North Carolina State Road Number 1901; and from said point of beginning being so located running thence South 12 degrees 15 minutes West 201.75 feet; thence North 74 degrees 07 minutes West157.15 feet along and with the mean high water mark of Goose Creek to a point; thence North 14 degrees 43 minutes East 183.61 feet along and with the mean high water mark of a ditch; thence North 58 degrees 12 minutes West 10.83 feet along and with the mean high water mark of a ditch or canal; thence North 6 degrees 51 minutes East 32.76 feet along and with the mean high water mark of said ditch or canal; thence South 74 degrees 39 minutes East 33.56 feet; thence running due North to the right of way line of the dirt road; thence along and with the southern right of way line of said dirt road to the point of beginning, being a portion of that 0.931 acre tract of land shown and delineated on that certain survey of the property of H. H. Canady prepared by Jones Land Surveying on May 17, 1987, a copy of said survey being being attached hereto as Exhibit A. If my said daughter, Hix Canady Robinson, shall not survive me, I give all of the aforesaid real estate to her children, namely, Kathy Lynn Stamatelos and Scott Kent Robinson. ARTICLE V RESIDUARY. I give, devise and bequeath all of the rest, residue and remainder of my property of every kind and description, (including any lapsed legacies and devises), wherever situate and whether acquired before or after the LAW OFFICES DUNN AND DUNN 3230 COUNTRY CLUB ROAD DRAWER 1369 NEW BERN, NORTH CAROLINA 28560 TELEPHONE: (919) 633-3600 PAGE 4 execution of this Will to my children, namely, John Arthur Canady and Nix Canady Robinson, or in default of my children to their issue per stirpes. ARTICLE VI TRUST FOR CHILDREN. If any share or part of my estate shall vest in any beneficiary who shall be under the age of twenty-one (21) years, I direct that the share or part which shall thus vest in such beneficiary shall, nevertheless, be held in trust by my Trustee, hereinafter named, and the income, together with such amounts out of the principal as my Trustee shall from time to time deem requisite or desirable, shall be applied for the suitable maintenance, support and education of such beneficiary in such manner and at such intervals as my Trustee shall determine until such beneficiary shall attain the age of twenty-one (21) years or sooner die; and upon the attainment of the age of twenty-one (21) years, the funds and properties then remaining in the trust for such beneficiary shall be transferred and delivered to such beneficiary, discharged of all trust; but if such beneficiary shall die prior to the attainment of the age of twenty-one (21) years, then the said funds and properties of the trust for such beneficiary shall be transferred and conveyed to his or her executor or administrator. ARTICLE VII EXECUTOR. I hereby nominate, constitute and appoint my children, John Arthur Canady and Hix Canady Robinson as Co-Executors of my Will and direct that they shall serve without bond. ARTICLE VIII TRUSTEE. I hereby nominate, constitute and appoint John Arthur Canady as Trustee of all Trusts created under my Will. LAW OFFICES DUNN AND DUNN 3230 COUNTRY CLUB ROAD DRAWER 1389 NEW BERN, NORTH CAROLINA 28560 TELEPHONE: (919) 633-3800 PAGE 5 ARTICLE IX TRUSTEE ACCOUNTINGS. No Trustee of any Trust established herein shall be required to qualify before any court or judicial authority, or to file any reports or inventories with any court or judicial authority, and no surety or other bond shall be required of my Trustee hereunder. My Trustee nevertheless shall maintain proper records and books of my Trust Estate and annually shall furnish a statement of all receipts, disbursements, gains and losses of the Trust Estate, together with a statement of the assets thereof, to each current income beneficiary. The records and books of the Trust shall be open for inspection at all reasonable times by any beneficiary under this Trust or by any such beneficiary's guardian or duly authorized agent or attorney. ARTICLE X POWERS. By way of illustration and not of limitation and in addition to any inherent or implied powers and to the powers set forth in North Carolina General Statutes section. 28A-13-3(a), the powers enumerated in North Carolina General Statutes section 32-27 are incorporated by reference and granted to my Executor and Trustee subject to the restrictions of North Carolina General Statutes section 32-26(b). By way of illustration and not of limitation and in addition to any inherent, implied or statutory powers, granted to executors or trustees, my Executor and Trustee are specifically authorized and empowered with respect to any property, real or personal, at any time held under any provision of this my Will; to allot, allocate between principal and income, assign, borrow, buy, care for, collect, compromise claims, contract with respect to, continue any business of mine, convey, LAW OFFICES DUNN AND DUNN 3230 COUNTRY CLUE ROAD DRAWER 1389 NEW BERN, NORTH CAROLINA 28560 TELEPHONE: (919) 633-3800 PAGE 6 convert, deal with, dispose of, enter into, exchange, hold, improve, incorporate any business of mine, invest, lease, manage, mortgage, grant and exercise options with respect to, take possession of, pledge, receive, release, repair, sell, sue for, to make distributions or divisions in cash or in kind or partly in each without regard i to the income tax basis of such asset and in general, to exercise all of the powers in the management of my Estate or the Trust Estate which any individual could exercise in the management of similar property owned in its own right, upon such terms and conditions as to my Executor and Trustee may seem best, and to execute and deliver any and all instruments and to do all acts which my Executor and Trustee may deem proper or necessary to carry out the purposes of this my Will, without being limited in any way by the specific grants of power made, and without the necessity of a court order. ARTICLE XI DEFINITION OF EXECUTOR. Whenever the word "Executor" or any modifying or substituted pronoun therefor is used in this my Will, such words and respective pronouns shall be held and taken to include both the singular and the plural, the masculine, feminine and neuter gender thereof, and shall apply equally to the Executor named herein and to any successor or substitute Executor acting hereunder, and such successor or substitute Executor shall possess all the rights, powers and duties, authority and responsibility conferred upon the Executor originally named herein. ARTICLE XII DEFINITION OF CHILDREN. For the purposes of this my Will, "children" means the lawful blood descendants in the first degree of the parent designated; LAW OFFICES DUNN AND DUNN 3230 COUNTRY CLUB ROAD DRAWER 1389 NEW BERN, NORTH CAROLINA 28560 TELEPHONE: (919) 633-3600 PAGE 7 and "issuer" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated; provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his issue shall be considered as issue of the adopting parent or parents arid of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child," "children," "issue," "descendant" and "descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent. ARTICLE XIII HEADINGS. The paragraph headings are for convenience of reference only and shall not be considered terms of this Will. IN TESTIMONY WHEREOF I, Lina Tetterton Canady, the testatrix, sign my name to this instrument this the 18th day of September , 1987, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last Will, and that I sign it willingly, (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. "LINA TETTERTON CANADY",,The Testatrix LAW OFFICES DUNN AND DUNN 3230 COUNTRY CLUB ROAD DRAWER 7369 NEW BERN, NORTH CAROLINA 28560 TELEPHONE: (919) 633-3800 PAGE 8 We, Raymond E. Dunn, Jr. and Mary Ellen Ditzler , the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testatrix signs and executes this instrument as her Last Will, and that she signs it willingly (or willingly directs another to sign for her), and that each of us, in the presence and hearing of the testatrix, hereby signs this Will as witness to the testatrix's signing, and to the best of our knowledge, the testatrix is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. j Witness NORTH CAROLINA CRAVEN COUNTY Witness Subscribed, sworn to and acknowledged before me by Lina Tetterton Canady, the testatrix, and subscribed and sworn to before me by Raymond E. Dunn, Jr. and Mary Ellen Ditzler , the witnesses, this the 18th day of September , 1987. My Commission Expires:_ Sept. 25, 1988 Notary public '1.9 p1,4414 Is$ ik I E his ar . a s a w a + s TAR Y • • 9 • y L PUBLIC' % LAW OFFICES DUNN AND DUNN 3230 COUNTRY CLUB ROAD DRAWER 1389 NEW BERN, NORTH CAROLINA 26560 TELEPHONE: (919) 633-3600 m ? c U7 m m f... U N > b N z > Z O CD x (.n -C-y•y .N z < nm G7 )Y - 0 m w m I o t / Qd J / Wl ` l L u '3 J : 3 N T r o `? ? • 2 i ? D i v 4 • ? z .p v ? : ? o O y a ? a xi R • o ; - z ?v d M ?a B v ° a _ • o pn ^ » ' a Z n o d C o- o y a ? o 0 O n K os . 4 • 4 z a? 0 0 m m w' 0 0 x N' m 03 LA 0) ? 0 8 -f Ui 4 Q _ n r c° p ? i i r -1 i b U s ` o I u`. Y, v ? i 0 T ? a O p I o o p t O ? p • y y s o o Y p• • 4 o g• R ? s ? O ° F 0 3 ? p p ? j a t Q6 N"? 3 06' 51'w -\ 32. 76 18,3 61 a ?m N ?f I I rr, r ? j n r ? n ? ? J > ? I n Il t m n r y I S 2-1 201 ' r •, ? ? N \ ro J O o o z? 0 i u cc m n c 0 a n 4i 0 , C. r O r z ., m i - -{ ( ) J L) P ?' { O C M 'n .b., n /D`' A TRU r CRAVEN (;Ob'ff EXHIBIT A Nr_ E.co.system PROGRAM January 26, 2010 Hix Robinson Browne 2060 Canady Landing Road Aurora, NC 27806 Expiration of Acceptance: October 26, 2010 Project: Browne Garage County: Beaufort The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state federal or local government permits regulations or authorizations associated with the proposed activity including SL 2009-337: An Act to Promote Compensatory Mitigation by Private Mitigation Banks _ This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www,nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River CU Stream (feet) Wetlands (acres) Buffer I Buffer 11 Basin Location (Sq. Ft.} (Sq. Ft.} Cold Cool Warm Riparian Non-Riparian Coastal Marsh Impact Tar-Pamlico 03020104 0 0 0 0 0 0 0 335 Credits Tar-Pamlico 03020103, 0 0 0 0 0 0 0 503 03020104, or 03020105 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit NCDWQ-Washington Arthur Cota, agent File Sincerely, ? I s- more, PE Wil rr DirReston .. . Er iaruiiFt?... Pro" ow State A'?A NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715.04761 www.nceep.net Page 1 of 1 Site: I Li(.9lnc) H All V Q1 ? ? gg I ? (2 (1 m06A) 212 00 0) 6 ? 77662 X787 M 1 0785 l?? 3 -161 I i O (21 Property Details: PIN 1 115019484 1 1 GPIN 7508-74-8787 GPINLONG 1 17508-74-8787 NAME? BROWNE HIX ROBINSON NAME2 - ADDR1 -? 2060 CANADY LANDIND RD ? 1ADDR2 CITY AURORA ISTATE NC ZIP 27806 PROP ROAD -? ACCT NBR . SR 1902 OFF 862719 ACRES MAP SHEET 1 1.06 1750800 1 NBR BLDG -? 3 DATE 1 16/24/2002 DB PG 7 [03E/86 LAND VAL 50515 BLDG VAL TOT VAL 1 66692 1117207 DEFR VAL NBHD_CDE 0 GW NBHD_DESC GOOD WATER JSUB CDE SUB DESC STAMPS -1 0 SALE _PRICE 1 10 ZONE LAND USE DISTRICT 14 PROP DESC EXMPT_PROP 1 LT (.93AC) H H CANADY 1 MBL EXMPT AMT 75080075 0 ROAD TYPE T CENSUS BLK FP-REVASSESS 110 DISCLAIMER: These maps and information either in digital or hardcopy format are provided solely as a public service and they do not meet surveying accuracy standards. This map data is prepared from the inventory of real property found within this jurisdiction and is compiled from recorded deeds, plats, and other public records and data Users of any maps generated on this site are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on any maps. The county of Beaufort assumes no legal responsibility for the information contained on these maps. http://www2.undersys.comlscripts/testadvlusiwebbpd.dll/usi?fortnis=ptmap&MouseX=31... 1/25/2010 " General" MAJOR VARIANCE 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 that meet the conditions stated below. This "general" major variance from the Riparian Buffer Protection Rules in the Neuse (15A NCAC 2B .0233) and Tar-Pamlico (15A NCAC 2B .0259) River Basins is hereby issued by the NC Environmental Management Commission (EMC) for impacts to the protected buffers as long as the conditions prescribed below are met. The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ "General" Major Variance Application Form that describes how the following conditions of this variance will be met. If these conditions can not be met, an individual Major or Minor Variance from the Buffer Rules may be sought from the EMC. This "General" Major Variance shall expire on April 11, 2006 unless it is renewed before that time by the EMC. Conditions: 1. The residential lot must be located within one of the coastal counties as defined by the Coastal Area Management Act (CAMA). 2. Applicants must show that they have met the requirements for a variance as specified in the buffer rules in "VARIANCES" [15A NCAC 2B .0233(9)(a)(i)- (iii) and 15A NCAC 2B .0259(9)(a)(i)-(iii)] for the specific river basin where the impacts will occur. 3. Applicants must show that the residential lot has been platted and recorded prior to August 1, 2000. 4. Construction is for residential buildings and related structures such as garages, decks, porches, attached commercial buildings, driveways and sheds. 5. Substantial expenditures and contractual obligations must have occurred in good faith prior to the August 1, 2000. Substantial expenditures and obligations must have been made in reasonable reliance upon governmental permits and/or approvals (such as 401 Water Quality Certifications, CAMA permits, active connection to an existing sanitary sewer system or local on-site wastewater system approvals). Supportive written documentation must be submitted to the DWQ for review. 6. The lot must be buildable, without wetland impacts except for driveways and/or utility crossings and any impact to the buffer shall be minimized to the maximum extent practical. 7. Where impacts to the buffer will occur, the impact should be minimized to the greatest extent practicable as determined by DWQ staff. 8. Any on-site wastewater treatment must not be located within 50 feet of a surface water as specified in "ZONES OF THE RIPARIAN BUFFER" [15A NCAC 2B .0233(4) and 15A NCAC 2B .0259(4)] of the buffer rules. The only exceptions include any pretreatment systems meeting the Treatment Standard 1 as found in 15A NCAC 18A .1969 Innovative System Approval regulated by the NC Division of Environmental Health, On-site Wastewater Section. 9. On-site stormwater management controls must be shown on the application and stormwater runoff must be directed away from the adjacent surface water and/or coast wetland as determined sufficient by DWQ staff; measures such as rain gardens, bio-retention areas, vegetative filter strips and planting of trees or shrubs along bulkheads and/or property lines to maximize pollutant removal may be required as determined by DWQ staff. If the applicant is required to obtain a Sedimentation and Erosion Control Permit or a CAMA Major Permit, then a Stormwater Permit may be required from the DWQ. 10. Mitigation will be required at a 1:1 ratio for impacts to Zone 1. This mitigation can be accomplished by either (1) payment into the Riparian Buffer Restoration Fund (administered by the DWQ Wetlands Restoration Program), (2) planting or protection of a riparian area not subject to the buffer rules, or (3) additional planting of a partially buffered location on-site or in close proximity to the impacted area. Mitigation plans must be approved in writing by the DWQ prior to construction. 11. The applicant must receive written approval from the DWQ based on the submittal of the "General" Major Variance Application Form acknowledging that these conditions have been met before any impacts occur to the riparian buffer. 12. The applicant must contact the appropriate District office of the N.C. Division of Coastal Management or Local Permitting Officer for any current requirements for CAMA Major, Minor or General Permits. In addition, the applicant must file (if needed) an application with the Local Health Department for an on-site wastewater system prior to any site construction. The Improvement Permit and the Construction Authorization is required to be issued prior to any other building or construction permit [Ref. G.S. 130A-338]. Signed: z9? Dr. Charles H. Peterson, Chair Water Quality Committee NC Environmental Management Commission Effective Date: 10 h of 001 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 - a 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!l Tar-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 40111Netlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650, 999-733-1786 to constitute a complete submittal. This form may be photocopied for use as an original. Part 1: General Information (Please include attachments if the room provided is insufficient.) 1. Applicant'sname (the corporation, individual, etc. who owns the property): 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: 1 X . R.*- - RC W . Title: - - -- - - - -- -- - -- -- - Street address: c? City, State, Zip: fye; W ,?.o. c. \? L Telephone: ?5C -...'1_a5-=.Vt,.o y ---_ -- Fax: 3. Contact person who can answer questions about the proposed project: Name: N-? l x e Telephone: 1- -.__._...__ Fax: _.._ _.._.._ Email:cA.y..arc, - hk.. --- 'General" Variance Application Form Version 1: May 2001 4. Project Name (Subdivision, facility, or establishment name -consistent with project name on plans, specificatipns, lett ts, operation and maintenance agreements, etc.): 5. Project Location: Street address: n0. (1.?m h-w 0?o --. ----------------------_-_ -- City, State, Zip: RQ R.Q _t N_?, _.a.l _ la ---------------------------------- County:so ti-- _------ --- - _ __ -- ----------- - -- ---- - Latitude/longitude: ------------ ---?_-__-__________ _-----------------_- 6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the portion of the USGS topographic map indicating the location of the site): ------------ - ------------------------------------------ T. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Stream classification [as identified within the Schedule of Classifications 15A NCAC 28 .0315 (Neuse) or.0316 (Tar-Pamlico)): .... _..____.____.._.._._ a. 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 - 'o :3 CAMAMinor',?-%,?1 lce, 401 Certification/404 Permit "A SOY 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.) s e_e, e v\c,\oso wker ") 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.: 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 PART Proposed Activity 3 Plat map and proposed site plan for house are attached. The plan is based on the 50' buffer requirement but because of the rough magnitude of our measurements, and the 5' requirement from the septic tank, the house may infringe on the 50' buffer. The maximum impact would be from 6 to 8'. 2. As you can see from the attached site plan, we have tried to situate the house so that the 50' buffer is not affected. We are applying for this permit in case the house is delivered and the house and porch cannot be situated without infringing on the buffer. 3. We are willing to replant or reseed as recommended. 4. (1) We will not be able to build house as planned. (2) If the manmade gut and existing marshland were not on either side of the lot, we would not be concerned with the 50' buffer. (3) We have put earnest money down on the house and have made construction plans. Physicians East P.A. - Rheumatology 1850 West Arlinqton Blvd, Greenville, NC, USA 27834 (252) 413-6643 Fax: (252) 413-6339 Name Jerry J Browne Addr 2060 Canady Landing Rd City Aurora, NC 27806 e Date 02/03/2010 DOB 03/28/1938 (252)322-5507 NEEDS ATTATCHED GARAGE DUE TO MUSCLE DISEASE (POLYMYOSITIS) HE HAS WEAKNESS IN LEGS. POOR BALANCE AND FALLS OFTEN. ATTATCHED GARAGE WOULD IMPROVE SAFETY & PREVENT INJURY Disp ***1 *** Refill ***1 ?`** Product electio rmitted Dispense as Written Jeffrey Alloway MD NPI:1104829332 DEA:BA5681526 ---------------------------------------------------- ON " `19 pG 7 r 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 October 17, 2003 DWQ Project # 03-1284 Beaufort County Page 1 of 2 Hix R. Browne 282 Seagate Drive Newport, NC 28570 Subject Property: Property of H. H. Canady, 0.931 acres, Canady Landing Road, Aurora, NC 27806 Goose Creek [03-03-07, 29-33, SA HOW (High Quality Water) 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. Browne: You have our approval, in accordance with the conditions listed below, to impact approximately 320 square feet (ft2) of Zone2 of the protected riparian buffers for the purpose of constructing a house on the subject property as described within your application dated October 9, 2003. 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 .0259(5). No new ditching or piping of stormwater through the protected buffers is allowed. If you do not accept any of the conditions of this approval, you may ask for and adj'udicatory 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 1506 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. 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), httpJ/h2o.enr.state.nc.us/ncwetlandst ' Mr. Browne, Page 2 o IV October 17, 2003 This letter completes the review of the Division of Water Quality under the Tar-Pamlico River Riparian Buffer Protection Rules (15A NCAC 2B .0259 (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, r Alan W. Klimek, P.E. Director, DWQ Attachments: Coastal General Variance Certificate of Completion cc: Tom Steffens, DWQ Washington Regional Office DCM Washington District Office File copy Central Files DWQ Project No. 031284 October 17, 2003 bz Beaufort County Local Government LAMA M]NOR DEVELOPMENT PERMIT 03-01 Permit Number AMENDED as authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission for development in an area of environmental concern pursuant to Section 1 i 3A-118 of the General Statutes, "Coastal Area Management." Issued to 'Ms- Hix R. Browne , authorizing development in Beaufort rn,nty at Canady Landina on Goose Creed off sg igo near Aurora as requested in the permittee's application, dated 21 August 2Qt3 This permit, issued on 11 SeAtember 2003. is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. 3. No fill is allowed within 30' of the canal, creek and/or coastal wetlands with the exception of the previously filled area approximately 47 'by approximately 120 ' that is approximately 15 ' from the manmade canal. 4. Any further development on this site such as the addition of piers, bulkhead or a dwelling will require notification of this office for permitting.. 5. Should any problems arise during the process of construction, you are to cease all work immediately and contact David Moye, NC Department of Environment and Natural Resources, 943 Washington Square Mall, Washington, NC, 252-946-6481. . dwelling +52' from the man made canal off Goose Creek as This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this per- mit m.st cease until the appeal is resolved. This permit must be on the project site and accessible to the 4 permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit requires further written permit approval. All work must cease when this permit expires on December 31, 2006 In issuing this permit it is agreed that this project is consistent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the written approval of the Division of Coastal Management. W. L ermit Officer (signature) I V David W_ MoyP name NC DENR.Division of Coastal Management 943 Washington Square Mali address Washington, NC 27889 252-946-6481 Permittee (signature required if special conditions above appiy to permit) ?I I i I I rn ;t LU Lia r.. ? t `i c f l? r ,?+s r' r r S 060 cjj'W S140 U) OR FD CUL >.7? 4 2©1 F ??? w ? 0 I A o %' I J n m A ® a c. r Q Q ? t J FC -•v dt co m G d s3 ? t) © Z z_ e -r: ro •? 'f1 G a 1/ i f 1 ;t Page 1 r K ? 1/25/2010