20030983 Ver 1_COMPLETE FILE_20030807

miunaui r. r-abroy, %auvcinul
William G. Ross Jr., Secretary
c?O WAT FAQ
,\O Gv North Carolina Department of Environment and Natural Resources
T_ Alan W. Klimek, P. E. Director
Division of Water Quality
vor
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 17, 2003
DWQ Project # 03-0983
Craven County
Page 1 of 2
Karen J. Freeman & Robin U. Smith
PO Box 15014
New Bern, NC 28561
Subject Property: 5306 Trade Winds Road, Fairfield Harbor S/D, New Bern, NC
Northwest Creek [03-04-10, 27-105, SB Sw NSW]
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 Actwith ADDITIONAL CONDITIONS
Dear Ms. Freeman & Ms. Smith:
You have our approval, in accordance with the conditions listed below, to impact approximately 890 square feet (ft2) of
Zone 2 and 38 ft' of Zone 1 of the protected riparian buffers for the purpose of constructing a house on the subject
property as described within your application dated August 5, 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 .0233(5). No new ditching or piping of
stormwater through the protected buffers is allowed.
3. Protective Fencing
The outside buffer boundary and along the construction corridor within this boundary approved under this
authorization shall be clearly marked with orange fencing (or similar high visibility material) for the areas that have
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), http://h2o.enr.state.nc.us/ncwetiands/
Freeman & Smith
Page 2of2
December 17, 2003
been approved to infringe within the buffer. This fencing shall be installed prior to any land disturbing activities to
ensure compliance with 15A NCAC 2B .0233. The protective fencing should be removed once construction is
complete.
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 928 square feet as required under this variance
approval. The DWQ has determined that you may satisfy this mitigation requirement by planting at least 7 native
woody trees and 13 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.
If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
NC 27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules
(15A NCAC 2B .0233 (9)(b)). Please call Mr. Tom Steffens at [phone] if you have any questions or require copies
of our rules or procedural materials.
Sincerely,
rW. mek, P.E.
WQ
Att achments: Coastal General Variance
Certificate of Completion
cc: Tom Steffens, DWQ Washington Regional Office
DCM Morehead City District Office
File copy
Central Files
DWQ Project No. 030983
December 17, 2003
bz
mailbox:///C l/Documents%20and%20Settings/bob_zarzecki/Applicat...
1
Tom: YJ
Where are we on this project? Please advise. It's on my desk awaiting your advise.
- Bob
Bob Zarzecki wrote:
Subject: Re: WARO Tracking/Tardy Notice, 10/1/03
From: Bob Zarzecki <[e-mail]>
Date: Mon, 03 Nov 2003 13:45:02 -0500 a"
To: Tom Steffens <[e-mail]>
Tom -
Freeman is only a variance request with no 401 time limit ...I think that they are elligible for the
Coastal General (Fairfield, platted prior to August 1, 2000, connection to existing sewer system,
etc.)... however, they have not proposed mitigation for Zone 1 impacts... please work with applicant to
either avoid the Zone 1 impacts ...if they can't they need to provide a mitigation plan (it can be onsite if
practicable, otherwise payment into the Fund) ...I'll put a copy of this email in the file and put back in
the "on hold" cabinet...
- Bob
Tom Steffens wrote:
Bob, Cyndi
About my being Tardy.
03-0983- Karen Freemason et al - Minor variance w/small impacts to Zone 1(38sgft) Avoidance
and minimization has been met with/ in reason I think. the Z 1 impacts are from a deck and porch. I
would think that these are probably necessary due to the limited size of the living spaces ( <1500 sq
ft). I am ok with how it is, given where it is, but if we want to be hard, make them remove the
offending deck and porch to avoid Z 1 impacts. As it is, there will be construction impacts
regardless of what we require.
030987- Lower Adkin Branch- Issue w/condition that applicant provide courtesy notification to
USACE for use of NW12
03-1011- John Head- Issue n/c
I do not have a Richard Miller application in my possession
Bob Zarzecki wrote:
Karen Freemansomeone (I assume Cyndi) put 030987 Lower Adkin Branch Outfall
Rehabilitation (Kinston) & 030983 (Craven) in my box last night ...these were both sent to the
WaRO for comment they go 60 on the 6th and 5th...so I need to get them out today if at all
possible (I won't be in tomorrow)... please advise
Tom Steffens wrote:
standby houston we are confirming.......
1 of 3 11/3/2003 1:45 PR
mailbox:///Cl/Documents%20and%20Settings/bob_zarzecki/Applicat...
Bob Zarzecki wrote:
Tom:
Ok. I looked at them. I think Cyndi was being easy on me and gave me
the two bulkhead non-buffer permits ... they both look fine to issue by
sending back the CAMA notice with "no objections" ...Do you concur?
- Bob
Bob Zarzecki wrote:
Tom:
I haven't gotten these yet, but I will soon. I'm not sure when I'll be
able to review them, so please provide comments by next week at the
earliest (sooner if you think we need to put them on hold). Thanks.
- Bob
Cyndi Karoly wrote:
Hi Tom, Mike and Stephen
Below is this week's 401 Tracking Notice for the Washington Regional
Office. The Central Office has not received your recommendations for
these projects as of October 1, 2003. If you have not received any
application, please let me know and I will fax it to you. Please take
note of the date received in the Central Office and the 60-day clock
projection. If we do not have your comments by two weeks before the
clock expires, we may have to prepare the 401 without incorporating
your
comments, in order to avoid waiving the 401. Two weeks from today, the
application will be forwarded to the appropriate Central Office staff
member (Bob Zarzecki) if we do not have Regional office comments by
then. The CO staff will then consult you if time allows and make a
recommendation on the 401 to John Dorney.
TRACKING:
401 Applications:
DWQ No. Project County Permit Type Received Expires
03-1059 Cypress Landing Marina, Beaufort Co., CAMA 8/25/03 10/23/03
03-1045 Lot 39D Iron Creek s/d, Beaufort Co., NW18/TPBR 8/21/03
10/19/03
03-1044 Lot 40 Iron Creek s/d, Beaufort Co., NW18/TPBR 8/21/03
10/19/03
03-1072 Tiger Landing, Wayne Co., NW14/NBR 8/26/03 10/24/03
03-1070 NC Coastal Federation, Dare Co., CAMA 8/27/03 10/25/03
03-1056 James and Margaret King, Dare Co., CAMA 8/25/03 10/23/03
03-1068 Manteo Furniture, Dare Co., NW18 8/26/03 10/24/03
03-1060 Town of Roper, Washington Co., CAMA 8/22/03 10/20/03
03-1055 Adams Landing, Pasquotank Co., NW14 8/25/03 10/23/03
Variance Requests:
03-1037 Richard K. Folson, Beaufort Co., TPBR 8/21/03 10/19/03
Please use the staff recommendation sheet in Filemaker Pro, and then
notify me that the report has been filed. My e-mail address is
[e-mail] or you can call me at 919-733-9721.
2 of 3 11/3/2003 1:45 PM
MEMORANDUM
TO: John Dorney Regional Contact: tom steffens
Non-Discharge Branch WQ Supervisor: Boger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Karen J. Freeman & Robin U. Smith
Project Number 03 0983
Recvd From APP
Received Date 8/7/03 Recvd By Region
Project Type residential encroachment into buffer
County Craven
County2
Region Washington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet ME
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
NBR Buffers O Y O N F- F 27-105 SB SwNSW 30,410. 0.02
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y O N
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N
Provided by Region: Latitude (ddmmss) 350435
Recommendation: O Issue O Issue/fond O Deny
Longitude (ddmmss) 765843
Comments:
Minor variance w/small impacts to Zone
1(38sgft) Avoidance and minimization has been met with in reason I think, the Z 1
Impacts are from a deck and porch. I would think that these are probably necessary
due to the limited size of the livings ap Is ( <1500 sn ft). I am ok with how it is,
given where it is, but if we want to be hard, make them remove the offending deck
and porch to avoid Z 1 impacts. As it is, there will be construction impacts
cc: Regional Office
Central Office Page Number 1
Facility Name Karen J. Freeman & Robin U. Smith County Craven
Project Number 03 0983 Regional Contact: tom steffens
Date:
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
" 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:
Dr. Charles H. Peterson, Chair
Water Quality Committee
NC Environmental Management Commission
Effective Date: /0 , a 001
Triage Check List
Date: 9 (Z' v3 Project Name:
To: ? ARO
? FRO
? MRO
? RRO
County:
From:
OCAO
Mike Parker
Ken Averitte
Alan Johnson
Steve Mitchell

DWQ#: 03- ()q'53
ckr&ve cw
aRO Tom Steffens
El WiRO Noe an
? WSRO Daryl Lamb
Telephone : (919)
7S3 - q
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? nimizatio ce issues
5?1fffferr R s (Neuse, ar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
Oz- U ?-r ro c i??c;v?. No W4tTl ?cDS O?? CA
V 1
(??JC.X. V•-e,?e,J?, 1/?, Y?+.?ne,.'h,1 cfr.-?,is??/???
mailbox:///CI/Documents%20and%20Settings/bob_zarzecki/Applicat...
Subject: Re: WARO Tracking/Tardy Notice, 10/1/03
From: Bob Zarzecki <[e-mail]>
Date: Thu, 02 Oct 2003 11:41:33 -0400
To: Tom Steffens <[e-mail]>
CC: Cyndi Karoly <[e-mail]>
Karen Freemansomeone (I assume Cyndi) put 030987 Lower Adkin Branch Outfall Rehabilitation
(Kinston) & 030983 (Craven) in my box last night ...these were both sent to the WaRO for comment they
go 60 on the 6th and 5th...so I need to get them out today if at all possible (I won't be in
tomorrow)... please advise
Tom Steffens wrote:
standby houston we are confirming.......
Bob Zarzecki wrote:
Tom:
Ok. I looked at them. I think Cyndi was being easy on me and gave me
the two bulkhead non-buffer permits ... they both look fine to issue by
sending back the CAMA notice with "no objections"...Do you concur?
- Bob
Bob Zarzecki wrote:
Tom:
I haven't gotten these yet, but I will soon. I'm not sure when I'll be
able to review them, so please provide comments by next week at the
earliest (sooner if you think we need to put them on hold). Thanks.
- Bob
Cyndi Karoly wrote:
Hi Tom, Mike and Stephen
Below is this week's 401 Tracking Notice for the Washington Regional
Office. The Central Office has not received your recommendations for
these projects as of October 1, 2003. If you have not received any
application, please let me know and I will fax it to you. Please take
note of the date received in the Central office and the 60-day clock
projection. If we do not have your comments by two weeks before the
clock expires, we may have to prepare the 401 without incorporating your
comments, in order to avoid waiving the 401. Two weeks from today, the
application will be forwarded to the appropriate Central Office staff
member (Bob Zarzecki) if we do not have Regional Office comments by
then. The CO staff will then consult you if time allows and make a
recommendation on the 401 to John Dorney.
TRACKING:
401 Applications:
DWQ No. Project County Permit Type Received Expires
03-1059 Cypress Landing Marina, Beaufort Co., CAMA 8/25/03 10/23/03
03-1045 Lot 39D Iron Creek s/d, Beaufort Co., NW18/TPBR 8/21/03
1 of 2 1012/2003 11:41 AM
mailbox:///C l/Documents%20and%20Settings/bob_zarzecki/Applicat...
10/19/03
03-1044 Lot 40 Iron Creek s/d, Beaufort Co., NW18/TPBR 8/21/03
10/19/03
03-1072 Tiger Landing, Wayne Co., NW14/NBR 8/26/03 10/24/03
03-1070 NC Coastal Federation, Dare Co., CAMA 8/27/03 10/25/03
03-1056 James and Margaret King, Dare Co., CAMA 8/25/03 10/23/03
03-1068 Manteo Furniture, Dare Co., NW18 8/26/03 10/24/03
03-1060 Town of Roper, Washington Co., CAMA 8/22/03 10/20/03
03-1055 Adams Landing, Pasquotank Co., NW14 8/25/03 10/23/03
Variance Requests:
03-1037 Richard K. Folson, Beaufort Co., TPBR 8/21/03 10/19/03
Please use the staff recommendation sheet in Filemaker Pro, and then
notify me that the report has been filed. My e-mail address is
[e-mail] or you can call me at 919-733-9721.
There are 4 tardy projects for WARO this week, which have been
distributed as listed on the attachment.
Thanks very much for your attention.
2 of 2 10/2/2003 11:41 AM
Alantic Survey & Design, Pa
[phone]. 302 South Front St.. PO Box 770, New Bern, NC 28563. Fax [phone]
DATE: July 31, 2003 FILE CopY
TO: NCDWQ 401 Wetlands Unit ?IAND5/M
1650 Mail Service Center J'wU
Raleigh, NC 27699-1650 AUG s jJ,rj
n
FROM: Jerry R. Ryan, PLS YYArEpQUAUTYSECI JO?
SUBJECT: minor Variance Request
The enclosed form and accompanying paperwork was prepared by me as agent for the
property owner and I will be happy to answer any questions concerning same. Please
forward completed request to property owner addressed on form.
Thanks
Email; [e-mail]
OFFICE USE ONLY: Date Received Request #
Wetlands Unit, Suite 250, 2321 Crabtree Blvd, Raleigh, NC 27604-2260
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form - for Minor Variances
Protection and. Maintenance of, Riparian Areas Rules 030
NOTE. This form maybe 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 02B.0243)
Part 1: General Information VyClUNSIA-01
(Please include attachments if the room provided is insufficient.) AU
1. Applicant's name (the corporation, individual, etc. who owns the property): AAr
Karen J. Freeman and Robin U. Smith ERQUAt?SEC
TON
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Karen J. Freeman and Robin U. Smith
Title: Owner
Street address: PO Box 15014
City, State, Zip: New Bern, NC 28561
Telephone: (530 ) 582-9249
Fax: L__)
3. Contact person who can answer questions about the proposed project:
Name: Jerry Ryan
Telephone: L :L52) 633-6649
Fax: L Z52 ) 514-2858
Email: asdmail .earthlink.net
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot 129, Tobago, Section 7, Part 1, Fairfield Harbour
Version 2: November 2002
5. Project Location:
Street address: 5306 Trade Winds Road
City, State, Zip: Fairfield Harbour
County: Craven 0 3 09 8 3
--------- Latitude/longitude 35004'35"- --76°58'43
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):
US 17 South to NC 55 South to NCSR 1600 (Broad Creek Road), 6 mile right into entrance
of Fairfield Harbour, next riaht onto Caracara Drive, left onto Bucco Reef Road, which
becomes Trade Winds Rd for 0.5 mile with lot on right
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest stream): Northwest Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: 0315
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received
No
-Yes No
No
No
No
No
No
No
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 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 ftz.]:
890 Sq. Ft. encroachment into Zone 2 (includes dwelling, porch, & steps) as shown on
attached plat. House will be on Pilings as will rear decks and porch which will be at least 10
above grade. Small encroachment of these raised decks and porches into Zone 1 = 38 Sa 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:
Lot is too small for alternate plan
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.):
Variance Request Form, page 2
Version 2: November 2000
Maintain Silt fence during land disturbance and re-vegetation of grasses and new landscape
plants as soon as possible
4. Please provide an explanation of the following:
- ------ -------(1) The practical difficulties or hardships that would result from the strict application of this - -
Rule.
Lot would not be able to be utilized in a practical manor.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
Refer back to question 2 and enclosed plat for obvious self explanation
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
Refer back to all previous questions and enclosed plat for obvious self explanation
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): Jerry Ryan, Atlantic Surrey & Design, PA
Mailing address: PO Box 770
City, State, Zip: New Bern
Telephone: [phone]
Fax: [phone]
Email: asdmail a-earthlink.net
Part 5: Applicant's Certification
I, Karen Freeman and Robin Smith, 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:
Signature:
Q?('n fip (mi Date -,503
l-?bin. 111h (A do Date 8-5-03
Title: Owners
Variance Request Form, page 3
Version 2: November 2000
THE PROPERTY SHOWN DOES FALL WITHIN THE FEDERAL, FLOOD
INSURANCE RATE MAP ONE HUNDRED (100) YEAR FLOOD PLAIN.
REFERENCE RESTRICTIVE COVENANTS FOR RESTRICTIONS AND
EASEMENTS THAT MAY APPLY.
0
? y
c
1,i / O
L OGA T/ON
LEGEND
IPF - IRON PIPE FOUND
IPS - IRON PIPE SET
MBS - MINIMUM BUILDING SETBACK
DUE - DRAINAGE AND UTILITY EASEMENT
X 5.0 - SPOT ELEVATION (NGVD 1929)
c•Q.) - POWER POLE w/ OVERHEAD UTILITIES
O- - GUY WIRE
?jel3A?
gS
Go, Riw TRADE WINDS ROAD
-'e-5.8 `6.0 - -? -
Edge of Pavement
Tier From NAG 5.7 5.9 -5.9
San Juan Rd + Nall in q X'Ing.
Trade Winds Rd
5 217535' £ --------
230.66' --------
IPF
N 28'33'02' W j5.0
85.13' ,l

E
Dim to 1' Roof Overhang p I
Lot 129 j
11.760 Sq Ft o °I
D.B. 1193. PG. 506 "i ? ! 30' M
Undeveloped 0 I F-
:111:
Dwelling 890 5F into
Cantilevered Decks
38 SF into Zone 1
Marsh Line Flag
o
es _ _

Zone 2 14.0'
;
Proposed 11.0'
Porch 4.9 X1.500 SF Dwelling
o I on Puings I
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ITA

0
0
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:
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a ...........:
Peck' ............
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7
Porch
.........
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0 1
5 GA \
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gad by GAMA w - l o ^ \ o I
t9 N
N ? I 50,Mes ? Iw

.jLj n
Lot 128 ,
+
a
5 28'35'20' E
75.10'
MNS1401 GRpU,
AtIG 7 2cs3
JOTEgQ?AII
4.2
Lot 130
3

c9 \
Ory
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IPF

Coastal Marsh
IPF I I Tie, corner to IPF
_ 75.25' -iL a 23*51'42' E 0.13'
_ N N 23 51'42' W
N
Average High Water Line 1q w?'? ?ZL - to ±
------
GERTIFIGATE OF SURVEY AND ACCURACY Northwest Creek
1, Jerry R. Ryan. certifly that this plat was drawn under my 915 Sq Ft Deeded Area Below
supervision from an actual survey made under my supervision. Average High Water Line
that the ratio of precision is I:lr-.C00+. that this plat
meets the minimum standards for land surveying in North
Carolina as amended. that the boundaries not surveyed are
shown as broken lines. that areas are by coordinate
calculation unless shown otherwise. that this survey is of an
existing parcel of land as described by DeedCs.) and/or
PlatCsD shown hereon.
Witness my 5ignature and Seal
7?
i this 4th Day of May. 2003. ?. ` \N CARO4
go 00
041-
`o
- SEAL g =
L- 3302 X:
?°.• SUR?••
PROF "51b ND SURVEYOR. i"NY R.
L--S302 #/t.
Resurvey + Plot Plan of
Lot 129 - Tobago - Section 7 - Part 1
Treasure Cove
5306 Trade Winds Road
for
Karen J. rreeman + Robin U. Smith
DATE, May 4. 2003 Atlantic Survev +
Not :sal 302 SOUTH FRONT STREET
E NEW BERN. NORTH CAROLINA
C252) G33-GG49
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