20031480 Ver 1_COMPLETE FILE_20031121

O? W ATF? Michael F. Easley, Governor
O? QG William G. Ross Jr., Secretary
y North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
"i Division of Water Quality
o ?
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 2, 2004
DWQ # 03-1469
Pamlico County
Benard Hollowell Page 1 of 2
PO Box 218
Bayboro, NC 28515
Subject Property: Lot # 15, Phase 2, Whittaker Pointe Subdivision, 3017 Maritime Dr., Oriental, NC 28571
Neuse River [03-04-10, 27-130, SA HOW (high quality water) NSW (nutrient sensitive)]
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0233(9)(b)]
Dear Mr. Hollowell:
You have our approval, in accordance with the conditions listed below, to impact approximately 595 square feet (ft2 ) of
Zone 2 of the protected buffers to construct the proposed dwelling at the subject property as described within your
variance request dated October 5, 2003 and received by the Division of Water. Quality (DWQ) on November 21, 2003.
This letter shall act as your Minor Variance approval as described within 15A NCAC 26 .0233(9)(b). In addition to this
approval, you should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control and CAMA regulations.
This approval is only valid for the purpose and design that you described in your application. If you change your project, .
you must notify us and you may be required to send us a new application. If the property is sold, the new owner(s)
must be given a copy of this variance approval and is thereby responsible for complying with all conditions. For
this approval to be valid, you must follow any conditions listed below.
Conditions:
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 213 .0233) shall occur to Zone 1 of the
protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to
Zone 1, unless otherwise approved by the DWQ.
-2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A
NCAC 213.0233 (5).
3. 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.
4. Buffer Mitigation (On-site Restoration) -
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to
compensate for impacts to the protected riparian buffers is 892.5 square feet as required under this Minor
Variance Approval and 15A NCAC 2B .0233. The DWQ has determined that you may satisfy this mitigation
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/ncweUands/
Benard Hollowell
Page 2 of 2
January 30, 2004
requirement by planting at least six (6) native woody trees and fourteen (14) native woody shrubs within the
retained portions of the protected buffers. You must ensure their survival for a period of a least five (5) years.
You are required to replace any of these trees or shrubs that die within this five (5) year period. You are required
to provide proof in writing that the trees have been planted within one year of the date of this letter. The proof of
plantings shall be submitted to the Wetlands/401 Unit and copied to the Washington Regional Office.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. 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 which conforms to
Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you
ask for a hearing. This Minor Variance Approval shall expire five (5) years from the date of this letter.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules
[15A NCAC 2B .0233(9)(b)]. Please call Mr. Bob Zarzecki at [phone] if you have any questions or require copies
of our rules or procedural materials.
Sincerely,
cc: Kris Nixon, PLS Nixon Surveying, PO Box 399, C
Tom Steffens, DWQ Washington Regional Office
File copy
Central Files
. U ek, PE,
r, DWQ
NC 28571
DWQ031480
January 30, 2004
bz
OFFICE USE ONLY: Date Received Request #
State of North Carolina OCT 2 2 2003
Department _of Environment and Natural Resources `?
Division of Water Quality 49 61 R-A0,
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)
WETLANDS 1 401 GROUP
Part 1: General Information NOV 2 1 2003
(Please include attachments if the room provided is insufficient) ' ?r a
??ATERCi.IA L11 i<1,?.Ol" °G,?
1. Applicants name (the corporation, individual, etc. who owns the property):
Whittaker Point Properties, LLC
2. -Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Benard Hollowell
Title: Owner
Street address: PO Box 218
City, State, Zip: Bayboro, NC 28515
Telephone: L252)_745-5115
Fax: L_)
3. Contact person who can answer questions about the proposed project:
Name: Kris Nixon, P.L.S.
Telephone: (252 )_249-7281
Fax:
Email: [e-mail]
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Whittaker Pointe Subdivision, Phase Two, Lot 15
Version 2: November 2002
5.
Project Location:
Street address: 3017 Maritime Drive
City, State, Zip: 'Oriental, NC 28571
County: -Pamlico
Latitude/longitude: _N 35 02 00", W 76 40' 00"
6. Directions to site from nearest major intersection (Also, attach an 8'h x 11 copy of the USGS
topographic map indicating the location of the site):
-From Oriental, North on Hwy 55, turn right onto Straight Road % mile, turn right onto
-White farm road (SR 1349). Follow road to end, it turns into Maritime Drive. Lot on water
to left. Vicinity map provided on site plan.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream): _Neuse
-River and Whittaker Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B -
.0315 (Neuse) or.0316 (Tar-Pamlico)]: _Neuse River: "SA; HWQ,NSW"
Whittaker Creek: "SC; HWQ, NSW"
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
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 fe.]: _ A single family dwelling to be built on-site. Area of disturbed
buffer in zone 2: 595 Sq. Ft.
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:
-Due to the configuration of the property and the existing easement along the eastern
-boundary, some disturbance of the buffer in zone two will be necessary to construct a
home on this property.
Variance Request Form, page 2
Version 2: November 2000
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
-Residential structure will be designed to diffuse flow from impervious areas such as roofs.
-Re-vegetation and planting around dwelling post-construction will control long term impact.
-Silt screening protection will contain sediment during the construction phase.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. _Strict application of the buffer in this instance will create a parcel that a dwelling
cannot be built on.
-- -- - - -- -- -- (2)-How-these difficulties--or hardships result from conditions that are unique to the property
involved. -The property configuration includes an existing access easement limiting the°
proximity of construction to the eastern line. Furthermore, the wetland finger on the adjacent
lot causes the buffer to enclose much of the site.
(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.
_If there is no variance to the buffer rule in this case, construction on the lot will not be
possible and the lot valueless.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: - Agent Authorization-
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): -Kris Nixon, PLS
Mailing address: PO Box 399
City, State, Zip: -Oriental, NC 28571
Telephone: _252 249 7281
Fax:
Email: [e-mail]
Nixon Surveying
Variance Request Form, page 3
Version 2: November 2000

Part 5: Applicant's Certification
I, -Kristian V. Nixon (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. 1-11
Signature:
Date:
Title:
Variance Request Form, page 4
Version 2: November 2000
1 u/ub/W
Professional Land Surveyor
2 PROPERTY IS SUBJECT TO LAND-USE AND WATERSHED LAWS AND
REGULA7701VS OF PAMLICO COUNTY AND THE STATE OF NORTH
CAROLINA. COMPLIANCE WITH SUCH REGULA71ONS HAS NOT BEEN
CONSIDERED BY THIS SURVEY.
3 7HIS PROPERTY LIES IN A FEMA DESIGNA7ED "ZONE A5 (EL 8)" AS
SHOWN ON FIRM 370279 0002 B, DATED DECEMBER 4, 1985.

1/Ill //SITE
NEUSE RIVER
4. THIS SURVEY PLAT DOES NOT CREATE A SUBDIVISION.
5. ALL DISTANCES ARE HORIZONTAL LOCA PON MAP
NOT TO SCALE
6. IRON ROD WI7H CAP SET AT CORNERS UNLESS OTHERWISE N07ED. REFERENCE
7. AREA BY COORDINA7ES. \ \ D.B. LEGEND
345, PG. 461
MEANDER LINE TABLE
LINE LENGTH BEARING
L 1_ __LL _7175'_ 08 0'04"E
L2 53.83' S285723"W
L3 54.52' S7103'13"W
L4 132.84' N80'14'40"W
L5 51.64' S7145 28"W
L6 72.21' S43'00'00"W
L7 69.09' S2240'35"W
L8 15.00' N305930"W
L9 4339' N48 5747"E
L10 49.47' M29'43'27 "E
Lll 24.32' N15-48'40 -E
P.C. A, SL 121-8
` O EIP = DUS77NG IRON PIPE
• NPS = NO POINT SET
- ??:0_ - ----- _ _ N#?---NEW-IRON-ASS----
?y?i \ - R/W = RIC-iT OF WAY
NOT SURVEYED
-yam
/ EIP J \
n E/

my /
/ LOT 23 ? /
NOTE A
TAX /D. J083-38-23 /
10' RESERVED AREA BETWEEN /
NORMAL WA TER LEVEL OF
CREEK AND LOT BOUNDARIES.
(TO BE RETAINED BY
WHITAKER POINT PROPER77ES LLC) ?ry
DELINEATED COASTAL
MARSH LINE NRC
-{ \ (SEE NOTE A)
? 19 s
NRC LOT 22
WA7ER LINE ; AREA: A /
87,038 SQ. FT. C
/,gyp 1.998 ACRES
L5
l _ L4
V9 311L \P/-,
i jNRC NEUSE RI VER_ -
^y. MEANDER LINE
N30'5930"W
89.29' NRC WA7ER LINE
100 0 50 100
1 inch = 100 ft
THIS MAP IS FOR ENVIRONMENTAL HEALTH
AND PLANNING PURPOSES ONLY.
THIS MAP IS NOT INTENDED FOR CONVEYANCE,
DEED PREPARA RON, OF SALES.
p • AREA OF PROPOSED
Co' ENCROACHMENT INTO ZONE 2
y
' 595 SQ. FT.
20' ACCESS AND
EIP UTILITY EASEMENT
w
LOT 15 \
TAX ID:
J083?38"-75-- ^ ? ^- -
0
o ? \
1 PROPOSED
HOME-SITE
i
90
50' RIPARIAN
BUFFER ZONE
0.
PROPOSED SITE PLAN FOR
BEN HOLL 0 WELL
3017 MARITIME DRIVE
TAX ID: J083-38-22
TOWNSHIP 2 PAMLICO COUNTY NOR 7H CAROLINA
®NIXON SURVEYING T 10/02/03

SURVEYORS CONSULTANTS k
P.O. BOX 399 ORIENTAL, N.C. 28571 NUMBER
DRAVANCG;
(252) 249-?281 www.ni:onsumeying.- PP-03118
MEAN HIGH WA7FR THIS LOT IS SERVED BY
IS PROPERTY LINE TOWN_ OF ORIENTAL .WATER
AND SEWER SYS7FMS.
2 PROPERTY IS SUBJECT TO LAND-USE AND WATERSHED LAWS AND
REGULATIONS OF PAMLICO COUNTY AND THE STATE OF NOR 7H
CAROLINA. COMPLIANCE WITH SUCH REGULATIONS HAS NOT BEEN
CONSIDERED BY THIS SURVEY.
3. THIS PROPERTY LIES IN A FEMA DESIGNATED "ZONE A5 (EL 8)" AS
SHOWN ON FIRM 370279 0002 B, DATED DECEMBER 4, 1985.
4. THIS SURVEY PLAT DOES NOT CREATE A SUBDIVISION.
5. ALL DISTANCES ARE HORIZONTAL.
- 11111 f SI TE
NEUSE RIVER
LOCH T/ON MAP
NOT TO SCALE
B.__IRDhl_R0D_Wn"AP_SETAT--CORNERS UNLESS OTHERWISE-NOTED.-- REFERENCE
Z AREA BY COORDINATES \ \ LEGEND
D.B. 345, PG. 461
MEANDER LINE TABLE
LINE LENGTH BEARING
L l 7.75' SOB 26'04 "E
L2 53.83' S28 57'23"W
L3 54.52' S7103'13"W
L4 132.84' N80'14'40"W
L5 51.64' S714528"W
L6 72.21' S43'00'00 "W
L7 69.09' S22 40 35"W
L8 15.00' N3059'30"W
L9 4339' N48 5747"E
L10 49.47' N29 4327 E
L 11 24.32' N 15 48'40 "E
P.G A, SL. 121-8
OO EIP = EXIS77NG IRON PIPE
\ \ • NPS = NO POINT SET
\ ?iS \ OO NIR = NEW IRON ROD
R/W = RIGHT OF WAY
??? ? - - NOT SURVEYED
F
/ E/P J \
n El R/

/
NOTE A LOT23
TAX /D: J083-38-23
f0-RESERVED-AREA-BETWEEN-- -- -- --
NORMAL WATER LEVEL OF
CREEK AND LOT BOUNDARIES
(TO BE RETAINED BY
WHITAKER POINT PROPER77ES LLC)
-4
/ DEL/NEA TED COASTAL
MARSH LINE -?
y \ (SEE NOTE A)
m
;L

???h,•? ? . ^ 75 AEC '?- ?
NRC LOT 22 ?/
WATER LINE AREA:
87, 038 SQ. FT.
p 1.998 ACRES _ _ >>
? ?illc ?11tc. ?- • ?... L 4
/L5

AREA OF PROPOSED
ENCROACHMENT INTO ZONE 2
' 595 SQ. FT.
20' ACCESS AND
EI__ UTILITY EASEMENT
LOT 15 \
TAX /D:
J083-38-15
i1
0
w
rn
I41.. o
HOME-97E
50' RIPARIAN
BUFFER ZONE
NEUSE RIVER MEAN HIGH W47FR
IS PROPERTY LINE
^?. MEANDER LINE
N30 59'30 "W
89.29' NRC WATER LINE
100 0 50 100
1 inch = 100 ft.
THIS LOT IS SERVED BY
TOWN OF ORIENTAL WATER
AND SEWER SYSTEMS.
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD BEARING
Cl 60.00 275.00 1230 2" 59.88' S53 02'10"E
THIS MAP IS FOR ENVIRONMENTAL HEALTH
AND PLANNING PURPOSES ONLY.
THIS MAP IS NOT INTENDED FOR CONVEYANCE,
DEED PREPARA RON, OF SALES
PROPOSED SITE PLAN FOR
BEN HOL L 0 WEL L
3017 MARITIME DRIVE
TAX ID: 1083-38-22
TOWNSHIP 2 PAMLICO COUNTY NORTH CAROLINA
®NIXON SURVEYING DAT?0?02?03
CONSULTANTS
SURVEYORS
P.O. BOX 399 ORMTA4 N.C. 28571 DRAWING NUMBER
[phone] mn.nizonsurveytng.oom PP-03118
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4