20060123 Ver 1_COMPLETE FILE_20060314

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Q?c??oe?D
MAR 1 7 2006
olnn • WATER QtJAL1Ty
Mrs. Carol Wright &W-U,
5306 Bogue Drive
Oriental, NC 28571
Certified Mail #7003 3110 0002 0608 7938
March 14, 2006
Subject Property: Lot 10 Fainvinds Subdivision
Oriental, NC 28571
Neuse River Basin
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
DWQ Project # 06-0123
Pamlico County
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Painlico 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 Mrs. Wright:
You have our approval, in accordance with the conditions listed below, to impact approximately 1354 square
feet (ft) of Zone I and 1380 square feet of impact to Zone II of the protected riparian buffers for the purpose
of constructing a dwelling on the subject property as described within your application dated November 18,
2005, and received in full on February 21, 2006. This letter shall act as your approval for the use of the
"General" Major Variance; From the Neuse River Riparian Buffer Rules for the Construction of 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 in five years from the date of this letter.
This approval is 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 plat thereby assuming responsible for
complying with all conditions. This approval requires you to follow the conditions listed below.
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] ?T 1 V hCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper aturatty
1
The Additional Conditions of the Certification arc:
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, 943 Washington
Square Mall, Washington, NC 27889.
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/Restoration)
You are required to mitigate for Zone I impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 1354 square feet as required
under this variance approval and 15A NCAC 2B .0233.You may 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, this contribution will satisfy our
compensatory mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the EEP receives and
clears your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts
specified in this variance approval shall occur. The EEP should be contacted at [phone] if you
have any questions concerning payment into the EEP. For accounting purposes, this variance
approval authorizes payment into the Riparian Buffer Restoration Fund to compensate for 1354
ft of required riparian buffer mitigation for impacts to 1354 ft2 of protected riparian buffers; 03-
04-10, 27-108 river and subbasin."
The DWQ will accept an alternative method of mitigation (including but not limited to Buffer
Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0233) 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/ Washington Regional Office for review and
approval. This plan should include a proposal to plant native species of hardwood trees with in the
riparian buffer area. For more information, please contact this office. 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 to:
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 213.0233 (9)(c)). Please contact Kyle Barnes at 252-948-3917 if you have any
questions or require copies of our rules or procedural materials.
Sin erely,
L
Al Ho ge/ upervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Plat (drawing of impacts)
cc: DWQ WaRO Regional Office
DWQ Central Office, Ian McMillan
Central Files
Pamlico County Building Inspections
CAMA Morehead City

LEGEND
EIP EXISTING IRON PIPE
EIR EXISTING IRON ROD
EPK EXIS77NG PK NAIL
SIP SET IRON PIPE
SPK SET PK NAIL
NPs No POINT SET
R/W RIGHT OF WAY
EOP EDGE OF PAVEMENT
LINE TABLE
LINE BEARING LENGTH
L1 N39'3 *09"E 29.11'
L2 N50'4 '18' 33.06'
L3 S84'14'09'E 17.01'
L4 N '0 7' 74'
G0$?APPROX HIGH / I
WATER MARK VICINITY SKETCH
O?,S?,?' l • L3 ?ti' NOT TO SCALE
?ti•/ I
? L VNE
I ?_ I ? f so
p'?y I TP ti. JOHN R. PARKER ET UX
0
?P. LOUISE S. PARKER
/ I 1?Gi DB 328 PG278
s1
Y y 1" TAX ID: 1092-14-9
' I /,x'15 ir,
EIP.: ,p °A
•.0 EIP
fo c?0 28037'
SF \ \ op .01
r. \ 9ti 2--1<
EDWARD J. BELICKI °9 ?4 \ \ LIP
OB 418 PG 895 ?J FF?, p ?\
TAX ID: 1092-14-11 \ \
? p0
rL
i ?0\?? /
oP
\? QJ
10 5
AREA IMPACT r t V A?
ZONE 1. ''.1353.67 SF ?• .`` ? , ........ , 0/ TOTAL .... 2732. 6 SF 'Ooo
,°i'Osr?SSJp'?•.,:' f'
/ THIS PROPERTY IS LOCATED WITHIN
DP A SPECIAL FLOOD HAZARD AREA
------
FLOOD ZONE------------ .. AE
?.? V4.
L-?'31 2 BASE FLOOD ELEV . . . . . . . . 7.0
M MAP . . . . . .. . . . 3720648600J
FCU ?63i`t FIR
CU COMMUNITY PANEL 370181
REFERENCES COMMUNITY NAME .. PAMUCO COUNTY
PC A, SL 104-2 EFFECTIVE . . . . . .. . . JULY 2, 2004
SURVEY FOR
I, Kendall E. Gaskins, hereby certify that
this map was drawn under my direction
and supervision from an actual survey
made under my direction and supervision,
that the error of closure as calculated
by latitudes and departures is 1:10,000+.
Witness my hand and seal this
16th day of FEBRUARY, 2006.
Gaskins,`PLS L-
DANIEL G. DUPONT and
wife SANDRA T. DUPONT &
DAVID G. WRIGHT and
wife LESLIE CAROL WRIGHT
7013 FAIRWINDS DRIVE
LOT 10, FAIRWINDS SUBDIVISION
TAX ID: I092-14-10
NUMBER 5 TOWNSHIP
PAMLICO COUNTY
NORTH CAROLINA
SURVEYED: DECEMBER 20, 2005
SCALE 1" = 40'
Kendall E. Gaskins, PLS
PROFESSIONAL LAND SURVEYING
PO Box 354
8162 Main Street
Vanceboro, NC 28586
Phone: [phone]
Fax: [phone]

0 I:.r:. r-r:I< r:-I Ve-; 1. 1:•1 M Frirwir:. <I n-' ".:..r:•I VA-i, ht' IrI 1;7 F., irv,irr. <. r. +.;.
rA,
a o LP o i l
OFFICE USE ONLY: Date Received
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
C C 1s -6
C C A-o
Request # .------ __-____

JAN 2 4 2006
Rnuu*5 ,
BAs h
DENft - WATEfi QUA L11Y
"General" Major Variance ASS 1id5UUfi`F6rm -
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)
? 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 inforrnation 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 4011Wetlands Certification Unit, 1650 May
Service Center, Raleigh, NC 27699-1650, 919-733-1786 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. Ap licant's name (the corporation, individual etc. who owns the property):
_-?g???L_?_ ?
2. Print Owner/SigningOfficial (person legally responsible for the property and its compliance)
Name:R DL. t?S7??Y1--------------------------------
---------------------------
Title:
Street address:
----
City, State, Zip: ----
Telephone: c_?1 V _ 4=9_-____- ?......
Fax:
-_? Q---------------------------------
C rN-c? L wr t h-}- b r I b u-s b 1-o tc c? ---------------------------------
-Corn
3. Contact person who can answer questions about the proposed rOject:
Name:
Telephone: ---------------------------------------------------------
Fax: L-)-----------------------------------------------------
Email:
"General" Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
1_.__0_r-_1_L? -_ V A._L?L i r.? Q a_ ?? (-1L'? D t ?t 1-DYE--------------------
5. Project Location:
Street address: _! (? ? 1.?(.j_1 1DJD,5 _ _____________
City, State, Zip: Gt,? --- --? --------------------
County: P_m U C_. --------- 11
Latitude/longitude:v C7 I ?------_---D---- ?' ------- '---------- ---
6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the portion
of the USGS topographic map indicating the location of the site):
_
t,..-o_-i =-0_)f I - L. -------------- .
7. Stream to be impacted by the proposed activity: A, -3 3 - 3 -S
Stream name (for unnamed streams label as "UT" to the nearest named stream): S
CL IA Q W tJS-)
--0*Irs°_.??.f__? --??? --------------
Stream 0 3 0 3 0
classification [as identified within the Schedule of Classifications 15A NCAC 2B 1
.0315 (Neuse) or.0316 (Tar-Pamlico)]:---
iCA- Ch.eC?
8.
8. Which of the following permits/approvals will be required or have been received already for ?
this project? me_m (Required: Received: Date received:

b Li r6
----- ----- ----- b ?{
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
Active Connection to Sanitary Sower 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
of buffer impact in ft2.: (-
--" -C1 e_S_!iJ AT?° _ R f Gam-
M----------------
- --------
N L=- - - - _?e -Z----------- ------------------------- --
?-_- =-- J'--?- - -- ??
------------------------------------------
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
S g-T _c1 5 ?_r Q L - -
_----? -r- ? ? - l_ LLt,??-_ -aacr4 d P-crc n, s d -L? c.: cis----
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,
fedplanting vegetatior) or enhancement of existing vegetation, etc.):
=W [11L D Rv_r.u P12u1?L?1 ?1 ??1?__LyG_??Z?lLf_Q -L}{ " ?C?±???I I G1 r?s ?U
wlr-%trb 1JGG?ss ?f-? ``
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
- - --?-- ?'i??_z _ ?2
-1-L?!?- C_!_-?__Q_ Zcsn??_L--'?'=--------------------------- --
(2) How these difficulties or hardships result from conditions that are unique to the property
L ?r ?,si ova t,_ r1- _J_' _ tx?s? Mrs A Yv., u s r b -f, 16 t
a -_ALm,r
11
??s LTS ; 104 3 0' ?ne? l? ewch?. c. 13 a-I ?.? p I-VAILU
(3) If economic hardship is the major consideration, then incldtle a specific exlanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
----- - ------------------- --------------------
1?12r?L??--?,--?- ---
-------------------------------------------------------------------------
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
Mailing address:
City, State, Zip:
Telephone:

1114zbefosl
isc bu1LT
? LLB
bc. cc? {c(

OF so'
Donn Ltl
m h our
"General" Variance Application Form, page 3
Version 1: May 2001
Fax: 8(
Email: C P-rrD (-- l.? f 6-? 1 }' - tx??c? J Lc- S?J ?'C) Ida 2 - (,??n 1
Part 5: Applicant's Certification
I, CL-e t- W Li ----- in--------- (print or type name of person
listed in Part I, Item 2), certify thaformation cluded 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:
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
ht(p://h2o.enr.state.nc.us/ncwe[lands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Neuse Road. Suite 120
Raleigh. North Carolina 27615
General Number: [phone]
hltp:llwwvw.saw.us,ice.army.mil/wetlands/regtour.htm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number: [phone]
http://www.Saw.usace.army.miI/wetlands/regtour.htm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-6 Highway 24
Morehead City, NC 28557
phone: [phone]
PLNR CGS r), DOTS
V1,? CL-uoe-,
l? `f1f\C,M a rn STra)-rn ?? ss
S me- PLq f?-N) ? ?-c ?? h o us e_
C6 CC -D CHV,\) L ±Z 10 f97
"General" Variance Application Form, page 4
Version 1: May 2001

Lot 10 - Fairwinds Drive - Oriental, NC
Memo on Stream Classification
Lot is located on Otter Creek, aka Horton Creek. The portion where this lot
is located was actually dug out as a canal/creek by the developer when they
developed the land and is probably why neither of these creek names appear
on your classification list that I can find.
LEGEND
EIP EVSTJNG IRON PIPE
EIR EXVING IRON ROO
EPK EXVING PK NAIL
SIP SET IRON PI/E
SPK SET PK NAIL
NPs NO Po'NT SET
R/W RIGHT OF WAY
EOP EDGE OF PAVEMENT
LINE TABLE
LINE BEARING LENGTH
L1 N39W'09*E 29,11'
L2
L3 S 0 ' .0 '
L4 NOB-02-57-E .74'
CIV01 PR HIGHC
L3
'op
0
EZP
L;g 1E MC p
D
JAN.2 4 2006
DENR - WATER QUALITY
ETU;tM RIO STORN10 AT 1R E,1V44Cf1
Liss
Ir O
10 1.Qk;E JOHN R. PARKER ET Ux
°&, LOUISE S. PARKER
/ 0 DO 328 PG278
a / TAX ID: 1092-14-9
-Ito
,o\ -0%
E7P O
20,280.372 SF
?y \ 0.466\AC\
11
EDWARD J. BELICKI
DO 418 PG 895
TAX ID: 1092-14-11
AREA OF IMPACT
ZONE 1 ... 1440.67 SF
ZONE 2 ... 1433.81 SF
REFERENCES
PC A. SL 104-2
VICINITY SKETCH
NOT TO SCALE
17P
h
• dP 9 JG ??
J6
".0
hti? ? A? `hd / /
?o•
/ THIS PROPERTY IS LOCATED WITHIN
OP / A SPECIAL FLOOD HAZARD AREA
--------------------------
/ FLOOD ZONE ... ... .. ... . AE
BASE FLOOD ELEV .......... 7.0
FIRM MAP .... ... ... 3720648600J
COMMUNITY PANEL ........ 370181
COMMUNITY NAME ... PAMUCO COUNTY
EFFECTIVE ......... JULY 2, 2004
SURVEY FOR --
1, Kendall E. Gaskins, hereby certify that
this map was drawn under my direction
and supervision from an actual survey
made under my direction and supervision,
that the error of closure as calculated
by latitudes and departures is 1:10,000+.
Witness my hand and seal this
22nd day of DECEMBER, 2005.
Kendall E. Gaskins, PLS L-3824
DANIEL G. DUPONT and
wife SANDRA T. DUPONT &
DAVID G. WRIGHT and
wife LESLIE CAROL WRIGHT
7013 FAIRIVINDS DRIVE
LOT 10, FAIRIVINDS SUBDIVISION
TAX ED: I092-14-10
NUMBER 5 TOWNSHIP
PAMLICO COUNTY
NORTH CAROLINA
SURVEYED: DECEMBER 20, 2005
SCALE 1" = 40'
Kendall E. Gaskins, PLS
PROFESSIONAL LAND SURVEYING
PO Box 354
8162 Main Street
Vanceboro, NC 28586
Phone: [phone]
Fax: [phone]
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- -- - - -- -- --- --- ---- -- ----- -- ---- - J
-I f-0-ft 4
' PAMLICO COUNTY HEALTH DF-PARTMEtVT'?', ti 20(,ri
P.O. BOX 305 ,?7LEtJIt-YY,arrFCc?i,;+,1., ;
BAYBORO, N.C. 25515 ti WILJ.tJJJT(;4,,,Arr.?ewuic"
IMPROVEMENT PERMIT
?I(vnRdd ri earn : U156= a.ra AJA-n-
Owner-Kenneth R. Nugent
OwnerAdd=s:10 Kemwood Driva •r
Owner Address(2):Lynn, MA 01904
Owner Phone x#:(781) 599-•9269 1t3S°#?' `? c? $ ° ?'
Property Addross:7013 Fairwindg Driva y
Property Addrew(2):Oricnt;Fal, NO 28517
PIN:1092-14-10
Record 058164 ,....?,?, _„_ t _ • ' -? .
Establishment Type:Home
Type of Wcll:Public WQIt? -= --- T-
?...__=mar- t?,..???__? s`?...?i.-t.-.=?3+.1?•?
Design Flow (GPD):360
Initial Site
rat • ?a
Wastewater system:Conventional Pi a
Long Term Acceptance i=tc(GPD FT):O 4 s• -?
Trench Width.-3 FT i t j ..__.?..; .- : ....
Trench Spacing (OC):9 FT
Trench Bottom From NGL: 14 IN-
S 'c Tank lfolurtj-e:'i 000 GAL
ca v? c
. ?. VE
AIX00 f=
rpj . 1:4UO
`ss• A
.77
Repair Site vMRWB=.= E
`Wastewattr System:Conventional Pipc3'
Lon} Term Acceptance Rate(GPD/SQFT):0.4
Trench Wdth:3 FTS
`' '.}•:'
Trench Spacing (00):9 Fl' ? ?•`; ;-?:" Trench Bottom From NGL ;-12 IN Se _c Tank Volume:1000 GAL. L
?•= ;.Rw'!'?• 4>; :! .Zo:ti: 1..C'': i• ••'.} •S` • • •n Y. •. . }. ?:*v::..• ?i!L'• •c.++: "i J. N?1 .._; ,? !t
ti3P ; AN AUTHORIZATION TO CON6TRUC r MUST FEE bl?i'?11 ED AND
???r•TALL FEES PAID PRIOR TO WASTEWATER SYSTEM INSTALLAT_ ION.
=StJltllYiYLiOFNIDCL?ffiWOPIIRCEL ? ? r
AjjDDO$SNOrCRBA HE PAMLICO Ca. HEALTH DEPARTMENT RESERVES THE RIGHT
IaQiAMM'; 0asr0 REVOXE THIS PERMIT IF THE SITE IS ALTERED, INTENDE10r4V G0'
• USE CHANGED, OR ANY INFORMATION Is FALSIFIED.' • r•. •-'?-
'itililtSH111'?FL1i,GG??? ??ir,Etruva _ - • .
N ,t1•. M•
•=SMygy.M5U8y4.NY CHANGES TO THIS PERMIT WILL REQUIRE A REDESIC3N•-,•"•r ,PERMIT AND.?SUBSEQUENT `?FEE-
Authorized Anent: J &/S__?_ Dates 17/17/2005
F

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AT -XVS AT LAW
IDSI;.
NORTH CAROLINA
PAMLICO COUNTY
DECLARATION OF RESTRICTIONS
OF
FAIRWINDS SUBDIVISION
Bmk ?age
0328 0271
VIM
rmalC0 COUNTY sc
I V21/97 10:51 AN
JOICE I . CiskYkl
9sgL.tei 01 Deeds
KNOW ALL MEN BY THESE PRESENTS, that JAMES ARLEN HORTON
and Wife, FRANCES W. HORTON, of Clarkson, Pennsylvania,
hereinafter called "Declarants", do hereby covenant and agree to
and with all other persons,'firms.or corporations now owning or
hereafter acquiring as owners any lot or parcel of land in the
area designated or located in or near the Town of Oriental,
Pamlico County, North Carolina, known as Lots 1 through 15, as
shown on the map entitled PLAN OF FAIRWINDS SUBDIVISION, dated
July 13, 1987, and recorded in Plat Cabinet A, Slide 104-2 , of
the Pamlico County Registry; said lots are hereby subject to the
following covenants and restrictions and to the use thereof,
running with the land by whomsoever owned: ,
1. These covenants are to run with the land and shall
be binding on all parties and persons claiming under them until
January 1, 2007, at which time said covenants shall be
automAtically extended for successive periods of tan years unless
by vote of a majority of the then owners of the lots, it is
agreed to change said covenants in whole or in part.
2. If the parties hereto or any of them or their
heirs, successors, or assigns, shall violate or attempt to
violate any of the covenants heroin, it shall be lawful for any
other person or persons owning any real property situated in said
development or subdivision to prosecute any proceeding at law or
in equity against the person or persons violating or attempting
to violate any such covenants and either to prevent him or them
from so doing or to recover damages or other dues for such
violation except the party of the first part is specifically
excluded from any liability for damages.
3. Invalidation of any one of these covenants by
judgment or court order shall in no way affect any other of the
provisions which shall remain in full force and effect.
4. No residential structures shall be erected, placed
or permitted to remain on any residential lot other than one
detached single family dwelling and other outbuildings incidental
to the residential or personal boating use of the plot
(including, but not limited to, boathouse, pier or dock). Said
residential structure shall have a minimum floor area of 1,500
square feet of which 150 feet may be a porch or deck. No
residence shall be started on any of the above-described lots
until the plans of such structure and the plot plan showing the
location of such structure has been approved by Declarants, their
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successors, heirs, assigns or designees. Such approval must be
in writing. Declarants shall alsgoot?ave t% light to approve any
outbuildings or structures. 0328 0272
5. No building shall be located on any residential
building plot nearer than ten (10) feet from the adjacent lot
line and no building shall be located on any plot nearer than
thirty (30) feet from any adjoining street right-of-way.
6. None of the platted lots shall be reduced in size
by a subsequent purchaser in any manner except where they are
incorporated into other lots which would constitute an increase
in the overall size of the lot rather than a decrease in such
size.
7. Drainage and utility easements are reserved along
all lot lines ten (10) feet on each side where required by
Declarants. Drainage must be installed in a manner so as not to
unnecessarily detract from value and appearance of the property.
8. A homeowner's association shall be formed by the
lot owners in the subdivision. It may be a corporated or a non-
incorporated association, whichever is determined by a majority
vote of the members. It is intended that there be one veto per
lot regardless of the number of persons owning a particular lot.
A Board of Directors shall be elected by said association
consisting of five members. If at any time the association
becomes dissatisfied with such Board, then it may call for a vote
and elect a new Board to serve for a period of three years until
their successors are elected. The Board of Directors shall have
the following duties and powers:
(a) Approve boathouse, dock and pier plans and their
location.
(b) Approve any new boat slips.
(c) Cut weeds, remove rubbish, trash, debris or other
undesirable matter in order to protect the safety and health of
adjoining property owners, after notice to lot owner and charge
the cost thereof to such lot owner.
(d) To control and regulate boat speeds and type of
operation.
(e) To approve or disapprove any camping trailers
located on said property on a temporary basis.
(d) To control and enforce said control on minibikes,
motorcycles and other motorized vehicles that in their discretion
become a public nuisance.
9. All individual purchasers from and after this date
shall be required to keep their respective lots free and clear of
weeds, rubbish, trash, debris, and other matter. Thin in not to
prevent any lot owner from leaving his lot in which is known an .
"natural habitat". The Board of Directors shall have.tho right
to allow or disallow plans for "natural habitat" planning.

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0328 0273
10. No noxious or offensive trade or activity shall be
carried on upon any lot nor shall anything be done thereon which
may be or become an annoyance or nuisance to the neighborhood.
11. No trailer, tent, shack, garage, barn or other
outbuilding erected on a Lot shall at any time be used as a
residence temporarily or permanently nor shall any structure of a
temporary character be used as a residence except as enumerated
in Paragraph 8; the Hoard of Directors does have authority to
approve camping trailers on a temporary basis.
12. No signs, fences, or any structures which would
detract or lessen the aesthetic view of any lot owner shall be
erected without the approval of the Board of Directors.
13. All dwellings, garages and incidental outbuildings
erected or placed on any lot of the subdivision shall be
constructed of material of good grade, quality and appearance and
all construction shall be performed in a good and workmanlike
manner.
14. No mobile home, trailer, camper, tent, or
temporary house, temporary garage or other temporary outbuilding
shall be placed or erected other than temporary structures for
storage of materials during construction. No such.temporary
structure shall be used at any time as a residence.
15. Any dwelling or improvement which is destroyed in
whole or in part by fire or other casualty must be rebuilt or all
debris removed and the lot restored to a sightly condition with
reasonable promptness. In no event shall such debris remain
longer than three (3) months.
16. No stripped, partially wrecked or junked motor
vehicle, or part thereof, shall be permitted.
17. All fuel storage tanks, outdoor receptacles for
lashes, trash, rubbish or garbage, shall be screened or so placed
and kept so as not to be visible from any road, creek or
adjoining property.
18. All.outdoor clothes lines and similar equipment
shall be screened or so placed as not to be visible from any road
or waterway.
19. No sign, billboard or other advertising structure
may be erected other than construction identification signs
during the period of any construction, and a single "For Sale"
sign not to exdeed thirty-six (36) inches in any dimension...
20. No livestock or poultry of any kind shall be
raised, bred or kept, except that dogs, cats or other household
pets in a reasonable number may be kept provided that they are
not kept, bred or maintained for any commercial purpose.
21. No noxious, offensive or illegal trade or activity
shall be carried on upon this land.
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0328 027!
22. Television antennas shall be constructed to a
maximum height of tan feet above the roof's highest poin?..
Satellite dishes are allowed provided they are constructed of
black mesh and located in the rear of the lot= rear being that
portion opposite the street.
23. Responsibility for maintaining streets, d?ainage
culverts, ditches, and the subdivision sign, shall be thgl joint
obligation of all owners of lots. Such responsibility shall be
shared proportionately with the owners of lots shown on the map
which is horoinabove referred to.. In addition, all lot owners
agree that their proportional share of the said maintenance costs
shall constitute an assessment against said owner's lot 1r lots
and if unpaid for a period of over thirty (30) days, she 1
constitute a lien on said lot or lots enforceable when f led with
the Clerk of Superior Court, Chapter 44 of the Horth Carolina
General Statutes as amended. The 1Ara for unpaid assessments
shall also secure reasonable attorney's fees incurred by those
enforcing said lien. This lien shall be subordinate to any deed
of trust which shall bea line on said lot or lots.
24. The Declarant or any property owner or any party
to whose benefit these Restrictions inure may proceed at law or
in equity to prevent the occurrence, continuation or violation of
any of these Restrictions and the Court in any such action may
award the successful party reasonable expenses in prosecuting
such action, including attorney's fees.
The remedies hereby specified arc cumulative, and
this specification.of them shall not be taken to prealudo an
aggrieved party's resort to any other remedy at law, in 'equity,
or under any statute. Ho delay or failure on the part of
Declarants or any property owner or an aggrieved
y party to invokes
an available remedy in respect of a violation of any of the
Restrictions shall be held to be a waiver by that party of (or an
estoppel of that party to assert) any right available to him upon
the recurrence or continuation of said violation or the
occurrence of a different violation.
25. The grantee of any lot subject to the coverago of
this Declaration, by acceptance of a dead conveying title
thereto, or the execution of a contract for the purchas9 thereof,
whether from Declarants or a subsequent owner of such lot, shall
accept such deed of contract upon and subject to each and all of
these Restrictions and the agreements heroin contained, and also
the jurisdiction, rights and powers of Declarants, and by such
acceptance shall for himself, his heirs, personal ropreaon-
tatives, successors and assigns, covenant, consent and agree to
and with Declarants, and to and with the grantees and subsequent
owners of each of the lots within the Subdivision to keep,
obsorvo, comply with and perform said Restrictions and ugracment.
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0328 0275
26. Every one of the Restrictions is hereby declared
to be independent of, and severable from, the rest of the
Restrictions and of and from every combination of the
Restrictions. Therefore, if any of the Restrictions.shall be
held to be invalid or to be unenforceable or to lack the quality
of running with the land, that holding shall be without effect
upon the validity, unenforceability, or "running" quality of any
other one of the Restrictions.
IN WITNESS WHEREOF, Declarants have each signed this
instrument, and each has adopted as his seal the typewritten word
"SEAL" appearing opposite his signature, this t+5' day of July,
1992. L ?u - o--- (SEAL)
James Arle Horton
c.? ? (SEAL)
Frances W. Horton
STATE OF fd
COUNTY OF G/JNCAt?
I, 1?jgfT OVAI V4L1- , a Notary Public in
and for said county and state, certify that JAMES ARLEN HORTON
and wife, FRANCES W. IIORTON, personally appeared before me this
day and acknowledged the due execution of the foregoing
,,instrument for the purposes therein expressed.
Witness my hand and official seal/stamp this the / S
t!b"Sy of ND?lMit , 1gA?: 097
".

u. Notary Public

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:•M}r-commission expires NOTARIAL SEAL
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NORTH CAROLINA
PAMLICO COUNTY
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The foregoing certificate of/-%-Q4 (2?& ?!;IZ
a Notary P"lic in and for said county and state is certified to
be correct.
? Register of Deeds
By: Z&(Z'G_
Asst. Register of Deeds
471 ULU u1 INVI L! I %.Ul Uni tQ
Department of Environment,
Health and Natural Resources
Division of Coastal Management

James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schoctor, Director
October 20, 1997 .
t
Mr. Bernard B. Hollowell, Jr.
Hollowell & Hollowell, Attorneys at Law
203 Main St.
Bayboro, NC 28515
Dear Mr. Hollowell:
This' correspondence is in response to your letter of September 9, 1997, requesting a
clarification of CAMA setback requirements, in Pairwinds Subdivision, near Oriental, ill Pamlico
County. It also serves as a follow up to our later telephone conversation.
As you are aware, the Pamlico County 1992 Land Use-Plat1 as amended establishes a
permanent conservation zone within seventy-five (75) feet of the natural mean high water level for
all shorelines bordering estuarine waters and public trust waters. This policy does,nQ,t apply to
land approved by the Pamlico County Board of Conurdssioncrs for subdivision before January 26,
1990, regardless of use. And as I stated during our telephone conversation, I shared the
information that you provided to me with Ms. Mary Dec Carraway, our representative in the
Attorney General's office. It is our understanding that the subdivision received preliminary
approval from the Pamlico County Planning Board on September 28, 1987, and final approval oil
July 14, 1997, but under the 1987 ordinance. Therefore it is our opinion that the subdivision not
be subject to the 75' permanent conservation zone established for "new" subdivisions.
I appreciate your client's concern and efforts to comply with the permit requirements of
this Division. If you any other questions or I can be of further assistance, please call me at 919-
_ -~ 808,2808.
Sincerely,
M. Ted Tyndall
Coastal Management Rep.
cc: Charles Jones - DCM, District Manager
Mary Dee Carraway, Attorney General's Office
Kathy Vinson - DCM, District Planner
Adrjene F r -.Pamlic$ ?Co. Planner
Hostron PIaze I!, f 61 p, }i?0hway ? orohmad City NC 28667 Telephone 912.OOa-2000 fax [phone]
An Eque! Opportunl%y Allkmstivo Action Employer 50% Reoyolod / 10% Port•Conswner Pepot