20031336 Ver 1_COMPLETE FILE_20031029

?OF W A T? Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
-f Division of Water Quality
o ?c
Coleen H. Sullins, Deputy Director
Division of Water Quality
November 25, 2003
DWQ Project # 03-1336
Pamlico County
Page 1 of 2
Robert L. & Toni L. Sawyer
726 Priestford Road
Churchville, MC 21028
Subject Property: Lot # 49, 302 Compass Point Drive, Oriental, NC 28571
Kershaw Creek [03-04-10, 27-129-5, SC HQW (high quality) 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. & Mrs. Sawyer:
You have our approval, in accordance with the conditions listed below, to impact approximately 2,025 square feet (ft) of
Zone 2 of the protected riparian buffers for the purpose of constructing a residential dwelling and driveway on the subject
property as described within your application dated October 2, 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 26 .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 fabric fencing (or similar high visibility material) for the areas
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/ncwetlands/
Robert Sawyer
Page 2 of 2
November 25, 2003
that have 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.
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. Bob Zarzecki at 919-733-9726 or Mr. Tom Steffens at 252-946-6481 if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
Attachments: Coastal General Variance
Certificate of Completion
P.E.
" -7
DWQ
cc: Patricia M. Elliot, Mariner Realty, Inc., PO Box 750, Oriental, NC 28571
Tom Steffens, DWQ Washington Regional Office
DCM Morehead City District Office
File copy
Central Files
DWQ Project No. 031336
November 25, 2003
bz
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October 21, 2003
Mr. Bob Zarecki
NCDENR
DWQ-Wetland Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: General Major Variance Request
Lot 49, Buccaneer Bay West
Oriental, NC 28571
Dear Mr. Zarecki,
WETLANDS / 401 GROUP
REALTY,

OCT 2 9 2003
QUALITY SECTION

RECEIVED
OCT 2 2. 2003
D Q- ARO
Please find enclosed a General Major Variance Application form on the
above captioned property. This form has been sighed and dated by the current
owner. The property currently has a pending Sales Contract and is scheduled
to close once this variance is granted.
It is my understanding that this request qualifies for a general variance
with no mitigation fees since the subdivision was platted on October 15, 1986.
Plat Cabinet A, Slide 25-7, Pamlico County Register of Deeds Office.
There is an existing septic tank with drainfield/ repair area located on
this property. See attached permit which indicates the site specific location
of this system.
I would like to make an appointment with you to visit this site at your
earliest convenience so as not to delay the closing of this purchase. Please
call me at 252-249-1014 (office) or 252-249-3140 (home) to arrange a time.
Thank you so much for all your assistance on this application and I look
forward to hearing from you soon.
S i ??e {re ly
Patricia M. Elliott, Broker
Mariner Realty
Post Office Box 750 - Oriental, North Carolina 28571 - [phone]
www.orientalncwaterfront.com
® Printed on recycled paper 800-347-8246
Sales - Property Management - Appraisals - Development
OFFICE USE ONLY: Date Received _------ ..__._....__.._... Request # EIVED
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
OCT'2 2 20031
"General" Major Variance Application Form -DWQ-WAR®
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 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 401iWetlands Certification Unit, 1650 Mail
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. Applicant's name (the corporation, individual, etc. who owns the property):
... Rob e r t......_L_.........S awy_e r..... and....._Toni ....._L..c........S.awv e_r ................................. ................................
3. Contact person who can answer questions about the proposed project:
Name: Patricia Elliott
...... ._.....
Telephone: ( 252) ._.249-101.4
Fax: (_.52.) ....... 249-2700 ...........
_
Email: [e-mail]
"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.):
Lot #49, Buccaneer Bay West S/D, Oriental, NC__..,__-__
5. Project Location: Lot 4149
Street address: 302COmpass_ Pq . -_...P
City, State, Zip: Orien.> al,_NG_.28511__..._.._-
County:
Latitude/longitude: -----.35_0 ... _01.'.52'N__J__760 .4.3._.:-051.:.._.W.
6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the portion
of the USGS topographic map indicating the location of the site):
_Tak_e_._ -w ...... 5..5.....t:o.war_ds....0riental.....Turn Right onSR 1005. Go -one--mile Turn
1Turn. .Right ._on-..Compa-ss-Font--}?rive-:---Lot 49
_d_s__located__.on-_-the_._right---skis--e.f--t-he--road--towa-rats- the- -end- crf----t-he-- cul-de-sac.
Max.ines..-&e.a1t 'Sale--P.endir? '-'- sir loea-ted--on-- Property-.
7. Stream to be Impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Kershaw Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 213
.0315 (Neuse) or.0316 (Tar-Pamlico)]: -_-.SC._._...---.._---- ---- .-__.-__
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
-x x 9/8/03 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.)
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.:
Construction of a single family_dwels ar1d._Karen
Ginter. See attached_sury_ey____.__ Area-of impact_is Zone_Two .2025_.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:
"General" Variance Application Form, page 2
Version 1: May 2001
The septic__system,.with.-repai..__area._..is
house, plan „wt_ll .t.h.er.....lo.cation..on_-this..._1nt
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.):
Both replanting and enhancement of existing vegetation,___ e._planting
hardwoods and wax myrtles after construct_ion_„__.,-
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
The house style and the installed s_eptic system with repair area
---_.--._
_._.______._._ d-
leaves no other location to place the home and r ivewayT
The Buyer cannot build his house on this., ._......
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
Due to the nature of the coastal vegetation, the building
severly-impacted by the Buffer Rules.
(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.
The economic hardship_is considerable. If a
grantedz_this lot will not besatisfactorx__tQ_h11.].sL_>?hi.e_hQme
_---
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):. Patricia Elliott
Mailing address: .._. _ P 0 Box 750
City, State, Zip: _.__.__....___..._.__-_...._-__.O.rienta_l,_-NC.._ 28571..._.__.....___._-.-....._.....__._-....__...__..__._...._---......_____._
Telephone: ...-_._..__.._..._.... ..... ._..... --------- .._.____.....__....._.......
"General" Variance Application Form, page 3
Version 1: May 2001
Fax: [phone]
Email: patelliott@cc_onnect.net
Part 5: Applicant's Certification
1, ?-T ri?w?C (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: /OIL/d
Title: ev a..C
NC Division of Water Quality (IJWO)
401 Wetlands Certification Unit
2321 Crobtree Blvd. (LOCAFION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
http://1)2o,enr.state, nc. Lis/ncwetl ai, ds/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Nellse Road, Suite 120
Raleigh, North Carolina 27615
General Number: [phone]
http:i/www.saw. usace,army. miUwetl?indsh•egtour, htm
bAIASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Fast Office Box 1000
Washington, North Carolinas 27889-1000
General NUunber: (252) 4175-1616
http:i/www.saw.usace.army. mil/wetlands/regtour.htm
Washington District Office
Division of Coastal Management
94:3 Washington Square Mall
Washington, NC 27689
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-8 Highway 24
Morehead City, NC 28557
phone: [phone]
"General" Variance Application Form, page 4
Version 1: May 2001
AUTHORIZATION TO USE AN EXISTING SYSTEM
PERMIT VALID ONE YEAR FROM DATE OF ISSUANCE
PERMIT* 52574
APPLICANT NAME: PAT ELLIOT
ADDRESS: PO BOX 750
CITY : ORIENTAL
STATE: NC
PROPERTY ADDRESS/LOCATION: 302 COMPASS PT DR
TYPE OF DWELLING: HOME
NUMBER OF BEDROOMS: 3
WATER SUPPLY: PUBLIC
SYSTEM ORIGINALLY INSTALLED: 10-11-99
OWNER AT DATE: ROBERT SAWYER
SKETCH:
SYSTEM PARAMETERS:
TO THE FULLEST EXTENT THAT
WE ARE ABLE TO DETERMINE
FROM SITE EVALUATION AND/OR
WITHOUT PREVIOUS DOCUMENTATION
THE SEPTIC SYSTEM PARAMETERS AT
THIS SITE ARE AS FOLLOWS:
TANK SIZE: 1000
NO. OF LINES: 4
LENGTH OF LINES: 60
TOTAL LINEAR FEET: 240
TOTAL SQUARE FEET: 720
WE DO NOT GUARANTEE SYSTEM
PARAMETERS OR PERFORMANCE.
ZIP: 28571

I d
F D II
m (HOUSE LOCATION OPTIONAL:
MUST BE A MINIMUM OF 5ft FROM
A SEPTIC AND DRAINFIELD AREA
m 1
VEHICULAR TRAFFIC
X OVER SYSTEM AREA
m
m
*+? MAINTAIN A 1011 SETBACK FROM
ANY PUBLIC WATER SUPPLY SOUR
THE SYSTEM LOCATED AT THIS SITE SHOWS NO SIGNS OF FAILURE AND AT THIS TIME IS FUNCTIONING
PROPERLY, AND MAY BE PLACED INTO USE.
IF THE SYSTEM SHOULD MALFUNCTION IN THE FUTURE, IT SHALL BE THE OWNER'S RESPONSIBILITY
TO APPLY FOR AN IMPROVEMENT PERMIT FOR A REPAIR OF THE SYSTEM.
FAILURE TO MAINTAIN A PROPERLY OPERATING SEWAGE COLLECTION AND DISPOSAL SYSTEM IS A
VIOLATION OF NORTH CAROLINA STATE LAWS AND RULES GOVERNING SANITARY WASTEWATER
TREATMENT, AND DISPOSAL.
NCDENR AGENT.•
muotlall 6-4? 19"
MAP #: 1081-2-49
DATE: q.1.03
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THIS SURVEY IS OF AN EXISTING PARCEL
AND DOES NOT CREATE A NEW STREET
OR CHANGE AN EXISTING ONE.
THIS SURVEY IS SUBJECT TO ANY FACTS
THAT MAY BE DISCLOSED BY A FULL AND
ACCURATE TITLE SEARCH.
60' 0' 60' 120'
EIP
SCALE: 1" - 60'
MARK R . LEE A PLOT PLAN FOR
PMESSION& L*VM THOMAS GINTY
ARAPAHOE NC 28510
P. 0. BOX 303 & WIFE, KAREN C1NTY
TELE/FAX M2) 249 - 0226
DATEI OCT 10 2003 By, MRL LOT 49, BUCCANEER BAY WEST, SEC. TWO
ORIENTAL
lm-vcIW2 .1 OCT 18 2003 F 031004 TOWNSHIP 02 PAMLICO CO NORTH CAROLINA