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HomeMy WebLinkAbout20001082 Ver 1_COMPLETE FILE_20000808State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director David Scott Esham 50 Esham Lane Ocracoke, NC 27960 252-928-3221 252-928-2522 (fax) RE: 1362 Cuttin Sage Road Ocracoke, Hyde County, NC 1 • • 11 06 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 17, 2000 DWQ # 00-1082 Hyde County Page 1 of 2 APPROVAL for the use of the MAJOR VARIANCE; From the Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots on Barrier Islands [15A NCAC 2B.0259(9)(b)] with. ADDITIONAL CONDITIONS Dear Mr. Esham, You have our approval, in accordance with the conditions listed below, to impact ± 692 ft2 of Zone 1 and 1,510 fe of Zone 2 of the protected riparian buffers for the purpose of constructing the proposed single family residential dwelling and garage/workshop. This letter shall act as approval for use of the "Major Variance; From the Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots on Barrier Islands" approved by the Environmental Management Commission (EMC) on April 13, 2000 (see attached variance) and as described within 15A NCAC 2B .0259(9)(b). 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 is only valid for the purpose and.design that you described in your Major Variance Request dated 7/27/00 except as modified below. 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. 1. Additional woody vegetation (native shrubs and trees) shall be planted in retained areas of the protected riparian buffer for at least the first 30 feet measured from the edge of the existing bulkhead for the length of the existing bulkhead located on the property. This additional planting should encompass an area no less than 2,070 ft2 and contain at least two native hardwood tree species planted at a density of 320 trees per acre at maturity. The area of planting should be monitored for a period not less than 5 years and any dead plantings will need to be replaced to ensure the minimum density of 320 trees per acre. 2. Stormwater shall be directed to sheetflow at non-erosive velocities through the protected stream buffers as identified within 15A NCAC 213 .0259(5). Roof Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621 Telephone 919-733-1736 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper 4 A ? NCDENR JAMES B. HUNT JR. GOVERNOR BILL 'HOLMAN 'SECRETARY MEMORANDUM NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WASHINGTON REGIONAL OFFICE August 7, 2000 To: Bob Zarzecki KERR T. STEVENS DIRECTOR From: Deborah Sawyer l? Subject: Request for a Major Variance for the Construction of Residential Structures on Existing Lots on Barrier Islands David Scott Esham Ocracoke Island, Hyde County The Washington Regional Office has reviewed the above subject request for a Major Variance specific to Barrier Islands. The applicants property is surrounded on three (3) sides by marsh, a pond, and a canal. With the placement of a septic system on the lot adjacent to the road, the applicant has to construct his residence within Zone 1 of the required buffer. This office sees this as a hardship case and recommends issuance of the Major Variance for Barrier Islands. cc: WaRO Files r 943 WASHINGTON SQUARE MALL, WASHINGTON, NORTH CAROLINA 27889 PHONE 2S2-946-6481 FAX 252-946-9215 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality Variance Request Form - Major Variance for the Construction of Residential Structures on Existing Lots on Barrier Islands (as approved by the Environmental Management Commission on 4/13/2000; expires 4/13/2005; Lots must be platted prior to 1/0112000) Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0259) NOTE: 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): ?JAlCn Sctr-n ES 2 Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: S LDTr f s NAr-,- Title: k (L- Street address: City, State, Zip: Telephone: { ZS Z) 9 Z v- S z Z I Fax: (2SZ) 521 - 5'Z2 Contact person who can answer questions about the proposed project: Name: _ _- Telephone: L----) C2 - f\ A IZOV Fax: ( ) Email 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and rr (intenance agreements, etc.): 5. Project Location: Street address: City, State, Zip: County: Latitudehongitude: CJp N_UI?11C,Q 6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the USGS topographic map indicating the location of the site): -ru2n; r APP 1-l?-]V 12 WoTo '&tr.2c P1i3 "l P40 ?N'Pt? Ar+,?..vr.?r+tcv?/ 2? n_k"i Uk fr- - Version 1: February 2000 , 7. Stream to be impacted by the proposed activity: Stream name (for unnamed strea s label as "UT" to the nearest named stream): I To ,a , (2 C o So y #J 40 Stream classification [as identified within the?cijedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: //-A 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: ?' ? ^D,?t^o ,received:. Permit Type: (y ! 5 ) (D CIS CAMA Major Ipo 00 -005 CAMA Minor 401 Certification/404 Permit gZ06--30n-site Wastewater Permit NPDES Permit (including stormwater) Non-discharge Permit Water Supply Watershed Variance Qted b S ! 52 Others (specify) _RLff Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) 1. 2. 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.: coru?OUL7 _ Z rIE;( 0,;:?iZD0r,, 2 _ L 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.): L>1 4A? -' D1<I<< l L 1?(ZVi?S P1 IJ(lJk lb ?L1/ 0k_A(?- 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. (DVL IF\ ( _e7'? Of U N Q Variance Request Form, page 2 Version 1: February 2000, 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 ?buffe rs: (2) How these difficulties or hardships result from conditions that are unique to the property (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. M r- rmi V Q D?v r3oUCACAD S:& PTZ C . WA`fUt »-,?f( 14- q r/lC!f S- 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. Fart 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 (indi\ Mailing address: City, State, Zip: Telephone: Fax: Email: Fart 5: Applicant's Certification AJffD SCO-Tr es A Arm (print or type name of person listed in Part I, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date: Title: Variance Request Form, page 3 Version 1: February 2000 \-) k) l$kd] 0PS KL ?-r STATEMENT OF OWNERSHIP r` r 1, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one) ? rs ?- '/ an own r or record titl Title is vested in ?,,i> Sc nT s SHAr1 , see Deed Book (9'5 page Y_ in the _ County Registry o Deeds. 591 an owner by virtue of inheritance. Applicant is an heir to the estate of ; probate was in County. if other interest, such as written contact or lease, explain below or use a separate sheet and attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS I furthermore certify that the followim, persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit. (Name) (Address) ulk F v 11 ' C' ? i= (1) (2) _?nivy M;k?A (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to,erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing techniques. PERMISSION TO ENTER ON LAND I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This application includes: general information (this form), a site drawing as described on the back of this ap- plication, the ownership statement, the AFC hazard notice where necessary, a check for $50.00 made payable to the locality, and any information as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without a per- mit is subject to civil, criminal and administrative action. Zt,j G This the jam-- 5 day of T4 Lando ef-ot person authorized to act as his agent for purposes of filing a CAMA permit application. t- C r. s r AL / N/F I PONY ISLAND ? ????= 1 MANAGEMENT CORP. U am WI 1 (LOT 1-16) 1 \ 1 i I(DB 122, PG 809) 1 a; (DB 175, PG 583 & 591)? u of (D ) t. ? 3 N I al?lC I I I, I 1 N49'59'22 "E 1 ! I =! ; 1 32.42' (TIE) ? I m: I CALC. j I CALC. z? POINTS I I PaNT mi 1 C3 ? POI fy- W W W z = J _J CALC. 1 1 zl ?i 3 1-0 p eh r M z XV, S -1 3'00"E 34 ' 20.40 ; 39' - 1 -4 CALC. ;: CALC. --- E 152 ' ^ I POINT I ,4,1 Q??? I L N 45-410 : 1 POINT 3 4 =1!---I ! gx! 1 1 Q ?r I I! I I ?: I ?I I I I Z i? i I m i ? I I U ? .?I W I y ? I ! ^'I 1 ? I i i i! I I 11 "' ° I I ?? I m i i I i I i ! ? 1 1 1 0w it W? I 1 I 11 i of 1 ;I 0o I ? . . I<l I) ! I I 1 ....j I 1 IODj :I I 1 I I I BULKHEAD Ic1 I I I I IImr11 Ln it I I IW CANAL I I I I (° I Ip I 1 I • I I Im 1 I I 1? Ip 1 ' I I - I? 1 I 1 ?I I 8 h'O I 1 cWi I i ?Iz I O0 11 z I tiFgO 1 I ; O ! 1 W I ' S i 1b' ?o p I 3 I ? I F ?( 1 I I I 1 I I m ? I zN l CAL f'TPO11 QS VT ? ? ° IIL Qo I ?W I x4 z I ?a an a° T ?? Pp?• Q? N,..Y- PC L.OL . i ? I lJ? I I 1 . S I I ? E3 I I B 114.30 53'02'00" W 166.3 0 P? - o... --- D i c rFRTIFY THAT THIS PLAT WAS DRAWN N LA w? 34 $o m I S5324 S53'1 , Q"W 34.00 ., I I i 1 i r VICINITY MAP NTS NOTES: II 1. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. ! 2. AREA BY COORDINATE COMPUTATION - 64,274 S.F. II 3. F.I.R.M. ZONE: AS (EL. 7') 4. PIN NO.: N/A ?I 5. RECORDED REFERENCE: DB 157, PG 853; PC A, SL 103A DB 175, PGS. 583 & 591 6. BUILDING LINES SHOWN HEREON MUST BE VERIFIED. THE SURVEYOR MAKES NO CERTIFICATION AS TO ZONING AND/OR RESTRICTIVE COVENANT SETBACKS. 7. ELEVATIONS (NGVD 1929): AS SHOWN i LEGEND I 0 - EX. PIPE 0 - EX. REBAR O - REBAR SET - EX. CONC. MON. i I ? - CONC. MON. SET - EX. P/K NAIL ' Q - P/K NAIL SET j$( - SEWER SERVICE ® - WATER METER PHONE PEDESTAL - C. A. T. V. I I - UTIUTY POLE i --C - GUY WIRE - FIRE HYDRANT 1 ®- ELECT. TRANS. 1 •I i 1 1 36 0 1 1 11 t _ 1.1 I tm kl 35 --? "w ,5 4Q"W "'v 9.96' 50' STREET . .? CAR -", N O 7? SEAL I SITE T el . 0 S I T F , VICINITY MAP LNTLT S) - ? ? ? r v r ? ? v .? r .? ?.- ..- .+- r .r ? ..r .? .,,r v .?- .r..r w v w w w w w w• w w w ?rv+v+.V+.'VxV Permit Class Permit Number NEW 16-95 STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission j S r r m t" t s for 4 4 X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to David E. Esham, P. O. Box 310, Ocracoke, NC 27960 authorizing development in Hyde County at Pamlico Sound, canal off of adjacent SR1362 bridge as requested in the permittee's application dated 10/31/94 including attached workplan drawings, 2, dated 9/21/94. This permit, issued on FEBRUARY 9. 1995 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) An earthen plug will be left between the area to be excavated.and the canal and a 24-hour period after completion of the excavation will elapse prior to plug removal to prevent unnecessary siltation into the adjacent water body. 2) Excavation will not exceed six (6) feet below the elevation of mean low water (MLW). 3) No vegetated wetlands will be excavated or filled. 4) The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1998 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. t Roger Coias)ta?l?'M . ter, Director ivision of ana gement This permit and its conditions are hereby accepted. Signature of Permittee DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch March 21, 1995 Action ID No. 199500613 and State Permit No. 16-95 Mr. David E. Esham Post Office Box 310 Ocracoke, North Carolina 27960 Dear Mr. Esham: Reference your application for a Department of the Army (DA) permit to excavate a canal to connect an existing basin with a manmade canal and construct and backfill bulkheads off Pamlico Sound, Ocracoke, Hyde County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. CESAW-C080-N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If there is a need to extend the duration of this Federal authorization or if any change in your work is required because of unforeseen or altered conditions or for any other reason, a written request for renewal of authorization or plans revised to show any change must be sent promptly to this office and the North Carolina Division of Coastal management prior to continuing work or performing any change or alteration. Such action is necessary as specific renewal of authorization must be obtained or revised plans must be reviewed and the authorization modified. A request for extension of authorization must be received no later that thirty (30) days prior to expiration of the permit. Questions or comments may be addressed to Mr. Mickey Sugg, Washington Field Office, Regulatory Branch, telephone (919) 975-3609. Enclosure Sincerely, e Wtao qieg ury Br anch l -- I ?6fT ! of ¢ i CAMA AND DREDGE AND FILL GENERAL N° 13464--E PERMIT as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC , //00 Applicant Name Phone Number Address City (ter ?i ?? State A& zip ?75'C e) Project Location (County, State Road, Water Body, etc.) Cx ir.al7e'-wele- Type of Project Activity r f fj(?-o r .s/ 2S,, 46? Cc - E LJ, 7>7,4 e?- PROJECT DESCRIPTION I SKETCH Pier (dock) length Groin length number Bulkhead length -U `r wf.bbhIt., max. distance offshore Basin, channel dimensions cubic yards Boat ramp dimensions Other .7o r This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. ?- C?a ? - ?-S?Awt ?rop Zr c cuz rww J/ S? xi w L (SCALE: ?oa ) °P X applicants signature permit officer's signature issuing date expiration date attachments _ 09# . //06 In issuing this permit the State of North Carolina certifies that oa this project is consistent with the North Carolina Coastal application fee-DSO ' ?? ?SQ9 Management Program. CAMA and DREDGE AND FILL 1 G E N E R A L N? 24783--/3 P E R M I T to as authorized by the State of North Carolina Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC SS?? ,ts???o" Applicant Name Phone Number Address l30 k Pz/`/ City 0,1_r 1e0KL State • G. zip s O Project Location (County, State Road, Water Body, etc.) AL Type of Project Activity PROJECT DESCRIPTION SK ETC H EC - CG / T (S CA LE: UR ) Pier (dock) Length Groin Length Imm number Bulkhead Length max. distance offshore Basin, channel dimensions i cubic yards Boat ramp dimensions , Other ? AIA _... ....... .__ _ _..__ _..._ .__._ ....... ........ : . ZL ?_ F 7 __ _...__l .._...... .._... ,.._.... _. ... ........ .... t ldI . ..._....- f ---'- . ?... This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit of- ficer when the project is inspected for compliance. The applicant certi- fies by signing this permit that 1) this project is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. applicant's signature ?permit officer's signature issuing date expiration date f /300 attachments application fee ya_//.Qs- 3 LAND USE IMPROVEMENT PERMIT OWNER: &&/_ ADDRESS: Y =a 6) ENVIRONMENTAL HEALTH DIVISION HYDE COUNTY HEALTH DEPARTMENT PHONE: yil ?- S, LOCATION: M'BA' ??'??.°3y TYPE STRUCTURE: NO. BEDROOMS: 3 WATER SOURCE: Site/Soil Class --?- Soil Application Rate GFt2D Size of Tank A9005-7- 1000 P %, Gal. Nitrification Field 7_2 o FT2 No. Lines 3 @ -5-0 ft. long each Trench Width 121, tL Maximum Trench Bottom Depth in. below ground surface Trench - .C 20/0 Bed NOTICE: Minimum horizontal separation of sewage disposal sys- tem from nearest: Well-100 ft., Waterline-10 ft., Foundation-5 ft., Property line-10 ft., Ditch/subsurface tile-10 ft., 10 ft. Upslope & 25 ft. downslope, Stream canal, marsh or coastal waters-50 ft., S/A Waters-100 ft. ""Do not alter the location of this system without prior health department approval or, Do not cover any portion of system until approved on final inspection. M Existing New Repair DATE: 9,5- "I . IMPR VEMENTS P RMIT BY: This permit is valid for 5 years from the date of issuance unless the site plans or the intended use of this site change. The Sanitarian permit is then subject to revocation. HCHD 3-88 ORIGINAL Rev. 10-89 0 z r H E W CL cn r z W G a H z Q wa O S r J Q W S r z D O V v 'b m s ? u u O z m 0 m o z 1-4 w m m m o cc m o cni C D CD N a) o W =; crk E En m 3 _ U _--- . f 13 o I c ??- ? W m .,j O_ 41 .0 r 3 a W O ? a ? m 41 ? m m N O L- 09 U 4.. m NmN l •.? m 7 •. to J .i z O = + O J m G Q m l •rl S O (? U m E .. m c O -H 1 ? m -4 D O O C N •.i cn m r-1 o C.1 r m Y .a 4J +? U z 41 •.i N G O O ri P ? $4 E fo, 0 o m m m o m m Ocracoke Sanitary District Post Office Box 567, # 159 Water Plant Road Ocracoke, Nortli Carolina 27960-0567 Billing Plione # 252-928-5791 Plant and Fax # 252-928-6651 July 6, 2000 Mr. Leon Mooney I lyde County Inspection Department 1'. O. Box 66 Swan Quarter, NC 27885 Re: Water service - building permit. Dear Mr. Mooney: 11us is to confirm that David S. Esham has impact units for a single family residence with up to but not more than 3 bedrooms 2 baths. This impact is for lot 20 Oyster Creek and was purchased in September 1992. If you have any questions, please contact this office. S* erely, anie M. Garrish ticinspec.doc TT"F Local Government 00-005 Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Natural Resources and Community Development and the Coastal Resources Commission for develop- ment in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management." Issued to authorizing development in Hjida Crmnt r , at_Qyster Creek_ lots 17 - 24- Cuttin Sage as requested in the permittee's application dated June 25, 2000 This permit, issued on July 4, 2000 , is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1. All proposed development and associated construction must be done in accordance with the permitted workplat drawing(s) as originally submitted. 2. All construction must conform to the NC Building Code requirements and all other, State, and Federal regulations. 3. Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. 4. Imperious surfaces within the 75' AEC cannot exceeed 30 percent NOTE: All development must comply with the Tar/Pamlico River Buffer Rules as stated in 15ANCAC2B.0259. Any questions regarding these rules should be directed to Ms. Deborah Sawyer, NC Division of Water Quality, Washington Regional Office, (252) 946-6481 This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit require further written permit approval. All work must cease when this permit expires on December 31, 2003 In issuing this permit it is agreed that this project is consis- tent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the wAtten approval of the Division of Coastal Management Local Pionit elfficer (signature) Leon Mooney name P_ O. Box 66 address Swan Quarter- NC 27885 Permittee (signature required if special conditions above apply to permit) T 4. 4 1 ?Y y Lwr 'IOE.! 4ls` -:. - a ?. .• ?• t v1 v1? :' A K ?' ,ice` ... K r ?• ?i. ?.lY .?.L T MEN ' { tlY 'ri ' +•' • > - ?•'°''ir 4- -' aY . to rf ? .tC .. ?' "N JC , `1t 1 v r V w l 11 . 'r. ek ? ? xy A.s? ?,,2 •_ aa, `, ? .t w ? +a l 5.. 1 ft`+l'?•?+F?S!t+ . A • ?,? -_ ? 'a, y may,"-a73 ? .a x y : k ? y, ? ,y -V-' .1. •_ K• . ,•' ?R 4 rr eAl +•v 'rp^•, r. ?a? „tG?'' +k E - .p•„„a?. 4 ? l' 2Yr. - u •rr ' F?, so • ?;? ? ??? ?;: ? Y ?t t!y •? ? `' "? ? tea. SIGHED fin. Y 4 ?.y T N: Y ?. r ,? Axa .??{y r • +1? M rC7"4;w y(? Y ?? $ vt ? ? ,?tN '? l ,:" ?yy{ .U - ,? ..' ¦1?a may- s - :7? y,.,i"Y-? 'S..xl;• ,Y ot,? a, ,x, Frame oiag?'z f, Y N { e?w w v Elecmca Rong WU L :' { T ? SPA 2?+ {[ Y F __'.. Y? t' •r ' `Plumb _v ?RouT ate :r r 'Mv I ?RMit +?F^ ii4 , { Insula AA 09. t '?`, q, "vfrvvkkkrr' }T `? a s{ ?? ?; ; afe R s ,_ r SATISFACTION: The debt secured by the within Deed of Trust together with the note(s) secured thereby has been satisfied in full. This the day of , 19 _ Signed: Tax Lot No Recording: Time, Book and Page Parcel Identifier No. Verified by County on the day of , 19 by Mail after recording to This instrument prepared by Geo. Thomas Davis, Jr., Attorney, Swan Quarter, N. C. Brief Description for the index F- I NORTH CAROLINA DEED OF TRUST THIS DEED of TRUST made this 3 Othday of April ,19 96, by and between: GRANTOR DAVID SCOTT ESHAM P. 0. Box 310 Ocracoke, N. C. 27960 TRUSTEE GEO. THOMAS DAVIS, TRUSTEE P. 0. Box 277 Swan Quarter, N.C. BENEFICIARY JR., PONY ISLAND MANAGEMENT CORPORATION 27885 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, That whereas the Grantor is indebted to the Beneficiary in the principal sum of ------FORTY THOUSAND AND N01100--------- Dollars ($ 40,000.00 ) as evidenced by a Promissory Note of even date herewith, the terms of which are incorporated herein by reference. The final due date for payment of said Promissory Note, if not sooner paid, is Apr it _ _1 '101, r 2001 NOW, THEREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his heirs, or successors, and assigns, the parcel(s) of land situated in the City of ---- Ocracoke Township, Hyde County, North Carolina, (the "Premises") and more particularly described as follows: SEE SCHEDULE A ATTACHED HERETO A11V0Q'rW.F NCDENR JAMES B. HUNT JP.. GOVERNOR BILL HOLMAN SECRETARY KERR T. STEVENS DIRECTOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY WASHINGTON REGIONAL OFFICE August 7, 2000 MEMORANDUM To: Bob Zarzecki From: Deborah SawyerCP3 Subject: Request for a Major Variance for the Construction of Residential Structures on Existing Lots on Barrier Islands David Scott Esham Ocracoke Island, Hyde County The Washington Regional Office has reviewed the above subject request for a Major Variance specific to Barrier Islands. The applicants property is surrounded on three (3) sides by marsh, a pond, and a canal. With the placement of a septic system on the lot adjacent to the road, the applicant has to construct his residence within Zone 1 of the required buffer. This office sees this as a hardship case and recommends issuance of the Major Variance for Barrier Islands. cc: WaRO Files w5 ?? n??sxtx:a ? I 943 WASHINGTON SQUARE MALL, WASHINGTON, NORTH CAROLINA 27889 PHONE 252-946-6481 FAX 252-946-9215 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER .9 OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality Variance Request Form Major Variance for the Construction of Residential Structures on Existing Lots on Barrier Islands (as approved by the Environmental Management Commission on 4/13/2000; expires 4/13/2005; Lots must be platted prior to 1/01/2000) Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0259) NOTE. 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): ?ta?rn Scar Es H?o„? 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: -DA,1=Q S ' m M f?s AAr-? Title: v N k,Q- Street address: uqr. ?1rJ E - City, State, Zip: c,.k Ac-or-f,- . /U. C . 2 -+9 (t co Telephone: ! ZS 2) 9 Z 4- 3 Z Z 1 Fax: L S2) 924 - 52 2 Contact person who can answer questions about the proposed project: Name: Telephone: Fax: ZCw ! ) Email: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and rrkintenance agreements, etc.): 5. Project Location: Street address: City, State, Zip. County: Latitude/longitude: _ ? IS-rQ1? i ? ?C r ?J 2 C. ? krc (L 6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the USGS topographic map indicating the location of the site): -ream opp NvY 12 bwo ?30?cr(LcaA FFIr,.s ?N??]r±.,*+?n?rrcvJ-- ----- . stir j Lk FT Version 1: February 2000 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): U 1 1-0 'S'o V 0..)'0 Stream classification [as identified within the, cXdule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: //?? 3. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: ^D,at^o ,received:. Permit Type: may/ 5 1(0-5 CAMA Major j Vo 00 -oeS CAMA Minor 401 Certification/404 Permit ?95 g2495--30n-site Wastewater Permit NPDES Permit (including stormwater) Non-discharge Permit Water Supply Watershed Variance co 5 t 52 Others (specify) F_a?r_Ad 6, 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 2 _r 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.): 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. L C5 Vii, va P? (_?"tr LL Q Variance Request Form, page 2 Version 1: February 2000, 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: (2) How these difficulties or hardships result from conditions that are unique to the property (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. _rjw,u,(D 4141 Aw. ALA j PygcOAAS 6 m Fart 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 (indi% Mailing address: City, State, Zip: Telephone: Fax: Email: Fart 5: Applicant's Certification IDAt rD SCI ' ?s N Arm (print or type name of person listed in Part I, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date: Title: Variance Request Form, page 3 Version 1: February 2000 \J IV Is kill/ C.) AK- LL y STATEMENT OF OWNERS1111' I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in 1 an AEC or a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person listed as landowner on this application has a significant interest in the real property described therein. This interest can be described as: (check one) V an owner or record titl Title is vested in ) Stn- ?S+ 1 , see Deed Book 1 page 5TJ in the County Registry of Deeds. 591 an owner by virtue of inheritance. Applicant is an heir to the estate of ; probate was in County. if other interest, such as written contact or lease, explain below or use a separate sheet and attach to this application. NOTIFICATION OF ADJACENT PROPERTY OWNERS I furthermore certify that the folhnvinl; persons are owners of properties adjoining this property. I affirm that I have given ACTUAL NOTICE to each of them concerting my intent to develop this property and to apply for a CAMA permit. (Name) (Address) (1) r ?k_ G r)1--y? IZ-- (2) ? )u? TLLa'00 M?1k)A t _OU (3) (4) FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS: I acknowledge that the land owner is aware that the proposed development is planned for an area which may be susceptible to erosion and /or flooding. I acknowledge that the local permit officer has explained to me the particular hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization and floodproofing techniques. PERMISSION TO ENTER ON LAND I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. This application includes: general information (this form), a site drawing as described on the back of this ap- plication, the ownership statement, the AEC hazard notice where necessary, a check for $50.00 made payable to the locality, and any inormation as may be provided orally by the applicant. The details of the application as described by these sources are incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of any permit. Any person developing in an AEC without a per- mit is subject to civil, criminal and administrative action. Zt,v? This the - S day of J y YJ? 3 Lando er person authorized to act as his agent for purposes of filing a CAMA permit application. r- C r s r K N/I PONY ISLAND J MANAGEMENT CORP. L WI j (LOT 1-16) I \ .AIL W o°jco ; I (DB 122, PG 809) \ (DB 175, PG 583 & 591) ??!1L aff ??alcn I ? !. ?' jx- z N' AIL 1 A f"` j N49°59'22 "E 1 ! o!. i 32.42' (TIE) i I m! i CALC. / I CALC. Z. POINT ( I POINT r^j !. - i ?- Y,-,_r S34'1 3'00"E C3 r?b, ; 4ALCf 20.40; 152.39?1`I POIN y W Ji U W W Z W W Q 0 ; w z S J ? n IT M 3 I0 0 i? , z- d r7 z 1 1 t t 1 1 1 1 1 1 1 i 1 1 1 1 P? . s" r I I i i VICINITY MAP NTS ! NOTES: 1. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 2. AREA BY COORDINATE COMPUTATION - 64,274 S.F. I? 3. F.I.R.M. ZONE: A5 (EL. 7') 4. PIN NO.: N/A 5. RECORDED REFERENCE: DB 175, PPIS GS. 583 EC A, SL 103A 591 1 6. BUILDING LINES SHOWN HEREON MUST BE VERIFIED. THE SURVEYOR MAKES NO CERTIFICATION AS TO ZONING AND/OR RESTRICTIVE COVENANT SETBACKS. 7. ELEVATIONS (NGVD 1929): AS SHOWN j LEGEND x - EX. PIPE I 0 - EX. REBAR I O - REBAR SET - EX. CONC. MON. j I - CONC. MON. SET j A - EX. P/K NAIL Q - P/K NAIL SET - SEWER SERVICE I ® - WATER METER PHONE PEDESTAL ! - C.A.T.V. - unuTY POLE i I -{ - GUY WIRE ?- FIRE HYDRANT ®- ELECT. TRANS. 1 1 1 36 0 It I " ?- (n II? _ - - ?I m I 35 -4 CALC. POINT ' I 41'00^ Ems, I_ V 1 1 POINT N 48 -? ; s a ?d9> -- 1 24 - 31 . I 1 I I cl W p I WI C) Ln I Ir¢I I W D I o i t 401 I I I I I I I I I I I I I I 1 I ' ANAL I I I I I I I I I I. L ? I I F I ? gO I I I O ;! I I 0i! I j Q A' j I I i m` 1 , Z Q j Ti I r'Ij I I 1 U Z I 1 1 m;. :! I 1 ? 1 I 1 I ?? I 1 t :` I I l..? Icj BULK HEAD ?mI I 10 I ?(A ? CD 1 1 ?m I ? Ip I ? 1 I 1 1 57- [ I ? 1 1 1 I I I I z ZN'' CAL POII I ?a I a? a? T Sv 0, ,>L I 1 I ?I I ?I I ?I I I I 0 I ? I I B 114.30 53'02'00" W 166.3 - - w J S A-0. 34 0.0 _ m S53'12'40%48'514Q"W S53'12'4Q"W 34.O0C1 45. 0 50.00 4.04 +?' r 9.96• , STREET 50 P? -A-n, BAY uFFKIWS. P.L.S.. CERTIFY THAT THIS PLAT WAS DRA04 ,•..•?,r CARO` ?=O?oFEsS?o n SEAL - SITF T el . I S I T F 4 LM, VICINITY MAP (NTS) ?- r r-..r .? ? v wwww?r wwwwww•wwww ww•wwwv+'v+•V+' Permit Class Permit Number NEW 16-95 STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission i S Vrrmt't s for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to David E. Esham P. O. Box 310, Ocracoke NC 27960 authorizing development in Hyde County at Pamlico Sound canal off of adjacent SR1362 bridge as requested in the permittee's application dated 10/31/94 including attached workplan drawings, 2, dated 9/21/94. This permit, issued on FEBRUARY 9. 1995 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) An earthen plug will be left between the area to be excavated.and the canal and a 24-hour period after completion of the excavation will elapse prior to plug removal to prevent unnecessary siltation into the adjacent water body. 2) Excavation will not exceed six (6) feet below the elevation of mean low water (MLW). 3) No vegetated wetlands will be excavated or filled. 4) The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1998 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. Roger N. ecter, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 IN REPLY REFER TO Regulatory Branch March 21, 1995 Action ID No. 199500613 and State Permit No. 16-95 Mr. David E. Esham Post Office Box 310 Ocracoke, North Carolina 27960 Dear Mr. Esham: Reference your application for a Department of the Army (DA) permit to excavate a canal to connect an existing basin with a manmade canal and construct and backfill bulkheads off Pamlico Sound, Ocracoke, Hyde County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of general permit No. CESAW-0080-N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If there is a need to extend the duration of this Federal authorization or if any change in your work is required because of unforeseen or altered conditions or for any other reason, a written request for renewal of authorization or plans revised to show any change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to continuing work or performing any change or alteration. Such action is necessary as specific renewal of authorization must be obtained or revised plans must be reviewed and the authorization modified. A request for extension of authorization must be received no later that thirty (30) days prior to expiration of the permit. Field4Office=,sRegulatory comments telephone adressed Brach, be (9to Mr. 1g) 975-3609.Sugg' Washington Sincerely, V • e Wri ie Regula ory Branch Enclosure 56f?T OF ?' ?" ' I O CAMA AND DREDGE AND FILL GENERAL N° 13464--B PERMIT as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC /ieo Applicant Name ?GCI?•'c? Cs`jQM Phone Number 9;?8 - sleI Address City "-,z L, State A& zip 99 9C,; c) Project Location (County, State Road, Water Body, etc.) S Ci c. ct?? Z7C7?uc/ -? ?LS? 6/ Z7cr???4? a?- S? cuz??4-? S? ?VcrJL Type of Project Activity 60' Cc - PROJECT DESCRIPTION ( SKETCH Pier (dock) length Groin length number ,SU Bulkhead length max. distance offshore Basin, channel dimensions cubic yards Boat ramp dimensions Other QtnQ I ?o U-?ro??lt.: ??a?r fro • P ?Vu ? IF ,L------ %> Ct4? ? 701 This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. applicant's signature permit officer's signature issuing date expiration attachments 09# . //Do (SCALE: /?oa Wong °P In issuing this permit the State of North Carolina certifies that ?Oov this project is consistent with the North Carolina Coastal application fee F Management Program. CAMA and DREDGE AND FILL G E N E R A L PERMIT as authorized by the State of North Carolina N° 24'783-61 G,100[4U/1 A&VII/ Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC ;7-# Applicant Name 4011-'idS F?iGrh'7 Phone Number Address lack P q q city 0- L1 rx1CG'K,_- State • G. _ zip ?760 Project Location (County, State Road, Water Body, etc.) y?L G? r?f-t` S/;? /??? f?/? cdlzG Type of Project Activity PROJECT DESCRIPTION SKE TC H ? C CG S j (S CA LE: Uj t G _ ) Pier (dock) Length Groin Length number Bulkhead Length ) max. distance offshore Basin, channel dimensions 2 x ?o X cubic yards l Boat ramp dimensions I Other T fia-'a VA l tJ ?- 71 i r 4 ,4 f. i IJ I .._. .._.__ _> .......... ..__.. ...... ? This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit of- ficer when the project is inspected for compliance. The applicant certi- fies by signing this permit that 1) this project is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. applicant's signature ?permit officer's signature issuing date expiration date attachments application fee IV yaZ.4s=-3 LAND USE IMPROVEMENT PE OWNER: RESS: Y-- 61- ERTY LOCATION: ?;2 TYPE STRUCTURE: 3 NO. BEDROOMS: WATER SOURCE: Site/Soil Class --? Soil Application Rate GF0D Size of Tank 1000 5•T 1000 P /. Gal. 2 Nitrification Field FT 3 @ SO ft. long each Li N nes o. Trench Width /-711/ Ili. /-'2 in. Maximum Trench Bottom Depth below ground surface B d e Trench NOTICE: Minimum horizontal separation of sewage disposal sys- tem from nearest: Well-100 ft., Waterline-10 ft., I Foundation-5 ft., Property line-10 ft., Ditch/subsurface tile-10 ft., 10 ft. Upslope & 25 ft. downslope, Stream canal, marsh or coastal waters-50 ft., S/A Waters-100 L. Do not alter the location of this system without prior '"'??'' health department approval or, Do not cover any portion of system until approved on ' - i ? final inspection. -- Existing New Repair e' IMPR VEMENTS P RMIT BY: This permit is valid for5 years from the date of issuance unless the site plans or the intended use of this site change. The Sanitarian permit is then subject to revocation. HCHD 3-88 ORIGINAL Rev. 10-89 ENVIRONMENTAL HEALTH DIVISION HYDE COUNTY HEALTH DEPARTMENT m L CD M O Z .i ? I Lq O UJ -4 o CD Ln H m r..+ _ i co E a to - v --- - I ? •• c. L ca 3 m O m -•1 CJ a - O .? r-1 a to U •14 F4 (D •N ti 2 O J c .? U q c. m N m m w c -4 c o +? 0 m .0 t 6 Z 0 01 G' •.1 L 03 m H m m m '-1 O U m O L..1 --1 O F La m m N ,C w m E m Ocracoke Sanitary District Post 011-iee Box 567, # 159 Water Plant. Road Ocracoke, North Carolina 27960-0567 Billing Phone # 252-928-5791 Pleuit and Fax # 252-928-6651 July 6, 2000 Mr. Leon Mooney Hyde County Inspection Department 1'. O. Boa 66 Swan Quarter, NC 27885 Re: Water service - building permit. Dear Mr. Mooney: 'This is to confirm that David S. Esham has impact units for a single family residence with up to but not more than 3 bedrooms 2 baths. This impact is for lot 20 Oyster Creek and was purchased in September 1992. If you have any questions, please contact this office. pre ' ish licinspec.doc F VnR Local Government 00-005 Permit Number CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carolina, Department of Natural Resources and Community Development and the Coastal Resources Commission for develop. ment in an area of environmental concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management." Issued to authorizing development in H)zrie Cminty , at _Qyster Creek lots 17 - 24,_Cuttin Sage as requested in the permittee's application dated June 25- 2000 This permit, issued on July 24, 2000 , is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1. All proposed development and associated construction must be done in accordance with the permitted workplat drawing(s) as originally submitted. 2. All construction must conform to the NC Building Code requirements and all other, State, and Federal regulations. 3. Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. 4. Imperious surfaces within the 75' AEC cannot exceeed 30 percent NOTE: All development must comply with the Tar/Pamlico River Buffer Rules as stated in 15ANCAC2B.0259. Any questions regarding these rules should be directed to Ms. Deborah Sawyer, NC Division of Water Quality, Washington Regional Office, (252) 946-6481 This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. From the date of an appeal, any work conducted under this permit must cease until the appeal is resolved. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modifications not covered under this permit require further written permit approval. All work must cease when this permit expires on December 31, 2003 In issuing this permit it is agreed that this project is consis- tent with the local Land Use Plan and all applicable ordinances. This permit may not be transferred to another party without the wfitten approval of the Division of Coastal Management. Leon Mooney Local P4(nlt deicer (signature) name P O. Box 66 address Swan Quarter. NC 27885 Permittee (signature required If special conditions above apply to permit) T t ?t a 4'r^, '44i ISSNU w: 1 1{f y , r r•? r?,'s a ?? R - ' 4f hs•?x•; ? Tai _f;,,fa ` k,?"Tyc ?. " Wit, < i„ >r•; ,ems '*? ? r'+ ;.ar:. s ,? , "r t4 ?'4-? r - a ? - x*.' k f -? r.? r}?. tr r"E!?AT ? f ..Y ? . !: ????.. ?. ?.? _ .?r / ? ??, •.k ? ?, , ry ?,,.r- ?jc t .,Y,ew,!?,t ? fF y + + ? t ,? `'ht?t,l . f rya r - k M ?; ;• 7. i?' t q s J?? W .ya.Y.j ?4L4' 1?4'' Z ? ( "y ? ?? ?,? ???a,+, a ? .? A*P F '' ^s}t? t.:..r?f a +Yb,' ? '%'? k #•?. ?.'?. 4rn ? ? Y 4 s f .bt : ..?i ?+<Sti? _ }' w., r• ? +. + Ti"t?? ? ? Y t>.T ?' ,kr J?"?rA?c ?Y k? ?:s. 1.9 ? s .Z a t ? k 1 _ ? t'M - ?4?a fir` C 4 ?' '?CF ? fiQ ? Sri r !. h• 1?Ctw' >r . - ?, •, M^. + i ? ? '/?" 1?t' '?¢ Y ?i. C ti tns'{h ??y+{s ?" Z r? < , swt1.' w,;. ;; q ? t41a , q Tu; X• .M ? r '?' a 't M x a ? ?Y?uV ? Y' T. 1 .:ktE .7 ^lrv... w .......... ?: ? ,n. ? . _ t .• R'," it Y?4 « T - 1 r ? .`"" Tia' .{ ?i,, y d+a.}.•, ? ?,??Y - r _ A ?4 5 * "? 4 , Y '4 . 4 ?„• i Y4 „ FfA oa L .1" ate k. t s ?? x +r yt t rata ? r ?Y.? ?, ?v ?,s g.. , ,z? a G a.l i?a 5 ., y J , W? *1 Eledm' al Rou?g n = ate " :4, ov w Pumb?Ro k?. ate ..? , Y y I?c ate ,,. A r r A"'1: i r Y T- 'Y ? Inst a on. x'100 a 1 s v"?- .`?: ? ?„ y , ^??..t+ ? ? -•? ?i 1?? r n "fig; t.??? 4 ?'+ r :CM'+ hr 3_•t {"It+ a'( c _:4 w a?'1 ? ? 1?'??'.,-. rfr T ,+ rn S'' 'yam Dafe .,:?t''n c h Y - ? 'jam t' ?r ,?'?f'y??n'ys.? yyfrk 1#J: •• tit ?' ?• -. SATISFACTION: The debt secured by the within Deed of Trust together with the note(s) secured thereby has been satisfied in full. This the day of , 19 _ Signed: Recording: Time, Book and Page Tax Lot No. Parcel Identifier No. Verified by County on the day of 19 __ by Mail after recording to This instrument prepared by Geo. Thomas Davis, Jr., Attorney, Swan Quarter, N. C. Brief Description for the index PURCHASE MONEY NORTH CAROLINA DEED OF TRUST THIS DEED of TRUST made this 3 Othday of April ,19 9 6, by and between: GRANTOR DAVID SCOTT ESHAM P. 0. Box 310 Ocracoke, N. C. 27960 TRUSTEE GEO. THOMAS DAVIS, JR., TRUSTEE P. 0. Box 277 Swan Quarter, N.C. 27885 BENEFICIARY PONY ISLAND MANAGEMENT CORPORATION Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, That whereas the Grantor is indebted to the Beneficiary in the principal sum of ------FORTY THOUSAND AND N01100--------- Dollars($ 40,000.00 ) as evidenced by a Promissory Note of even date herewith, the terms of which are incorporated herein by reference. The final due date for payment of said Promissory Note, if not sooner paid, is APr it 30.1, 2001 NOW, THEREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his heirs, or successors, and assigns, the parcel(s) of land situated in the City of ---- Ocracoke Township, Hyde County, North Carolina, (the "Premises") and more particularly described as follows: SEE SCHEDULE A ATTACHED HERETO N. C Bar Assoc. Form 5 C) 1976, Revised C September 19K 6 Printed by Agreement will. the N. C. Bar Assoc. - 1981 • James Williams & Co., Inc. • Box 127 • Yadkinvilla, NC 27055 i t I t t r? Gap Point U N V Northern M il'oe 7 ?L, Mary Antillay ' 7 r/ 0 C HAT ERAti NAT SFASHORF .iorsepe6 T H ?,• N i ' nj 1x xe {G}?;? „Po :.az Qt}aeo Coast Guard SW ins ?t , . •, Nt'Windmill ?.. bCt8C0)(e t - P i o n ' Silver Lake I / Y r • ??? t * 1.., r sDllef Pilea o y ' 2 ?y / 4?. "• FK . / V Cockle Shoal l.to T ower Springers - Point 7anli acracDke i4idk t G AR, fry ?First Grass T h H l eac es o e Channel Lt . t r` Second Gress Name: OCRACOKE Location: 035° 06' 15.3" N 075° 58'32.0" W Date: 8/17/100 Scale: 1 inch equals 2000 feet Copyright (C) 1997, Maptech, Inc. [Fwd: [Fwd: Esham Variance]] Subject: [Fwd: [Fwd: Esham Variance]] Date: Thu, 17 Aug 2000 10:06:50 -0400 From: Deborah Sawyer <Deborah.Sawyer@ncmail.net> Organization: DENR To: Bob Zarzecki <Bob.Zarzecki@ncmail.net> Bob, Sounds great to me but how about calling David Scott and discussing it with him. He's waiting for your call (he called me about 10 minutes ago to see if I had heard from you). Thanks, Deborah Subject: Re: [Fwd: Esham Variance] Date: Thu, 17 Aug 2000 09:42:00 -0400 From: Bob Zarzecki <bob.zarzecki@ncmail.net> To: Deborah Sawyer <Deborah.Sawyer@ncmail.net> Deborah, 690 sf of impact to Zone 1 means that he needs to come up with 2,070 sf of restoration. If he plants the first 30 feet of the entire bulkhead area he will have over 15,000 sf of restoration. This sounds like a good plan. I'll add it as a condition to his variance. Let me know if you disagree. Thanks, - Bob Z. Deborah Sawyer wrote: > Bob, > The 690 sqft. is in Zone 1. If you look on the plat where the workshop > is, it is located 10 ft. from coastal marsh (see marsh symbols to the > side. There is no water but there is marsh. The total of 2200 sqft. is > for impacts to both zones (house is mostly in zone 2). #3 is his > mitigation proposal (bushes and trees planted). If this is not > satisfactory, call him and guide him as to what he needs to propose (he > is doing this all himself). I told him you would porbably be calling to > help clarify the variance appl. You can probably best reach him at (252) > 928-4411 at the Pony Motel. Ask for David Scott (not just David) or > you'll get his father. He been very cooperative and I think he will do > what you ask. Thanks. > Deborah > ------------------------------------------------------------------------ > Subject: Esham Variance > Resent-Date: Wed, 16 Aug 100 17:09:13 +1100 > Resent-From: TS19Y30@waro.enr.state.nc.us > Resent-To: Deborah.Sawyer@ncmail.net > Date: Wed, 16 Aug 2000 17:07:00 -0400 > From: Bob Zarzecki <bob.zarzecki@ncmail.net> > To: deborah sawyer <deborah_sawyer@waro.enr.state.nc.us> > Deborah, > The Esham Variance request is states "Construct 2 story 3 bedroom 2 bath > personal residence on Lot 17 - 24, Also construct garage/workshop on > same lots. 50' Buffer 2,200 sf 30 sf - 690 sf". What does this mean? > Their site plan does not show any impacts to Zone 1. Are they proposing > impacts to Zone 1? If so, they haven't proposed mitigation for any > impacts to Zone 1, as required in the Major Variance. if not, then can 1 42 8/17/00 11:09 AM [Fwd: [Fwd: Esham Variance]] > I just issue them a Minor Variance? > Please help or let me know if you want me to call Esham. > Thanks, > Bob Z. > ---------------------------------------------- --------------------- > Bob Zarzecki > Environmental Specialist III - DENR/ DWQ > 401 Wetlands Certification Unit > Bob Zarzecki > Environmental Specialist III - DENR/ DWQ > 401 Wetlands Certification Unit > 1621 Mail Service Center Fax: 919-733-9959 > Raleigh Work: 919-733-9726 > NC > 27669-1621 > Additional Information: > Version 2.1 Bob Zarzecki Environmental Specialist III - DENR/ DWQ 401 Wetlands Certification Unit 2 of 2 8/17/00 11:09 AM