20110277 Ver 1_General Major Variance_20110325

North Carolina Department of Water Quality March 18, 2011
943 Washington Square Mall
Washington, NC 27889
To: Chris Pullinger MAR 25 2011
My wife and I would again like to thank you for your assistance on February
12, 2011 at our 8:00 am meeting. We have followed in detail the check list as
outlined on the instruction sheets, along with your guidance to complete a
"General Major Variance Application Form". Included is the required
documentation of relevant maps, certifications, forms, etc. for review by the
North Carolina Division of Water Quality. For reasons of emergency egress,
maintenance, storm preparation and mobility of family members we are
requesting wrap around decks and entrance stairways be included or added to
the original variance granted for Windsong III Lot #10 on March 23, 2006. Ref
DWQ Project #06-00217.
Our efforts working with Mayo and Associates P.A. have produced accurate
locations and square footage impacts of pilings that would be required in Zones
#1 and #2 to safely construct the additional structure. The survey map included
shows a relocation of the driveway and turn around. The front entrance stairway
was moved as discussed in our meeting to accommodate the home design.
Both of us would also like to thank Al Hodge for his input from a meeting
we were able to spontaneously have with him on November 4, 2010, when we
were discussing requirements to build a pier and dock with Kelly Spivey. At that
meeting we addressed our interest in locating an emergency generator and A/C
condenser units on the proposed open decking. The question of square footage
impact was raised in reference to the original variance granted for Zone #2. We
were able, with the help of Mayo Associates to recalculate the measurements
from the original survey maps, as requested, to show impact coverage not used in
the original variance totals. We have also redesigned the entrance stairway from
the drive for less impact at the base. The amount of excess square footage not
used is 100.5. In comparing the original survey drawings to the new survey
drawings there is enough impact area accounted for to satisfy the surface area of
.,.,,..the units in question on the decks and the impact of the pilings requested for a
modification to the dwelling. As per our meeting on Feb 18, we have kept the
decking and stairway entrances at a minimum size. The total amount of square
footage required for the emergency generator and (3) A/C condenser units is
20.207 sq. ft.. These units would be located 10' to 12' off grade at the first deck
level and higher. The total square footage for pilings in Zone #1 is 12.5 and pilings
in Zone #2 is 14.5. There remains 53.293 square feet in excess from original
variance square footage after these calculations. Size and locations of the pilings
for each zone are shown on the enlarged map of the home site.
We respectfully hope the efforts made to work within the existing variance
and the rules regarding open decking will be suitable to grant the additional
structure. Recognizing the importance of environmental preservation and the
need for regulations we pledge to work with the North Carolina Division of Water
Quality, while spending our golden years at Windsong 111 to preserve the
environment and enhance it whenever possible.
est Regards,
Ronald G. 9Dier
%1-.XAVA
Judith Lee Dilzer
Other requirements for your application to be considered complete. Please check
each box (and initial in the blank) to indicate that you have met the specific
requirement, and include this checklist with your complete application:
d?&-You must include a copy of the current septic permit for the property, or a
from the regional sanitary sewer utility that will be providing service.
There must be a plat of the property indicating both zones of the riparian
,,,Sand and a footprint of proposed impacts.
The application must be signed and dated by owner.
?? -1n Section 2 item 1 there must be a number indicating square footage of
proposed impact to the Riparian Buffer (broken down by square footage per zone
of the buffer) or an indication that the square footage of proposed impact is
ified elsewhere in the application.
r?? 3 copies of the application and associated plats and information.
p? A copy of the deed indicating the applicant is the owner.
All stormwater within the riparian buffer has to be directed to areas
outside the riparian buffer. Site plans must show that all stormwater leaving the
site meets the requirement of diffuse flow before it re-enters the riparian buffer.
itigation for proposed impacts is required as part of the General Major
Variance process, and may be satisfied by the following options:
• On-site restoration or enhancement of the riparian buffer according to 15A
NCAC 02B .0242(9) or.0260(9). (Preferred alternative)
0- oa1l
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
HAR 25 2019
"General" Major Variance Application Form
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)
w/ 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 401/Wetlands 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. A? plica\nt's name (the corporatio , i1n`dividual, etc. who owns the property):
1GLl? n???er rah e)tt ill, P ,?2AC
2
3
Print Owner/SigningZcAAGLA-;cr icial (person legally responsible for the pro erty and its compliance)
Name: anA LASS ??Olier•
Title:
Street address:
City, State, Zip: N -w 08qJA -1419
Telephone: rrory!
Fax:
Contact person who
Name:
Telephone: ?ome
Fax:
Email:
about the proposed project:
"General" Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, sp Eoaa_z: fications, letters, operation and maintenance agreements, etc.):
?n?A"'lD
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the portion
of the USGS topographic man indicting the l9c-at'on of the.site)- ,
y, i rm m _ )-:1 A U/ fhr9? r1Y1 ,
7. Stream to be impacted by the proposed activity:
Stream name•(for unnamed streams label as "UT" to the nearest named stream):
Stream dlassification [as identified within the Sch dule TCIif ations 15A NCAC 2B
.0315 (Neuse) or .0316 (Tar-Pamlico)j: .0'3 m., ,
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
Active Connection to Sanitary Sewer System
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Via ce
Others (specify) F
Ing ?ed in c(??i?i f ,c?ee nf,
Part 2: Proposed Activity ??,- wiq dwA aec cil 1o h©,n -, ,te.
(Please include attachments if the room provided is ? sufficient.)
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
f buffer impact in ft2.: II , O-Qf-bug)
TMI C t,nl U -i ?t9ivio _. '2,,)G-v pnr l--)_h Cf-,mo#_OTmhpl {b}.,hby4•
2. State reaso why this plan for the roposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
ce-
"General" Variance Application Form, page 2
Version 1: May 2001

H of J-,SpJfg,-- 1'IG C `9'?-4t?S el- " l e
4. Please pr ide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. n I I J11 I, IT 1, J
-? L+ ry
MwAtil V i SAX- I
11 Ill. It A
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ow these difficulties or hardships r sult from conditions that are unique to the property

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):
Mailing address:
City, State, Zip:
Telephone:
"General" Variance Application Form, page 3
Version 1: May 2001
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 veggtaVon pr•enhancergent AWisting vegAtation, etc.); J
(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.
Fax:
Email: J K r r n> we
Part 5: Applicant's Certification
I, ,?o? t?nrl ?luag ?,'Pr (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:
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh. NC 27699-1650
[phone] (phone)
http:;/h2o.enr.state. nc. us/ncwetlands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Neuse Road; Suite 120
Raleigh, North Carolina 27615
General Number: [phone]
http://www.saw.usace.army.miI/wetlands/regtour.htm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number: [phone]
http://www,saw.usace.army,miI/wetiands/regtour.htm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-6 Highway 24
Morehead City, NC 28557
phone: [phone]
"General" Variance Application Form, page 4
Version 1: May 2001
6X1524po534
JENNIFER LEGGETT WHITEHURST
BEAUFORT COUNTY REGISTER OF DEEDS
COURTHOUSE BUILDING
112 W. 2ND STREET
WASHINGTON, NC 27889
*wr+ewt?w +ttwvn? *wwxrwrwwews+?uwww+?+r ++wwraww+a+taarwtwwr:+wwti+rii00mAi****w?tw+w*wn+?w+wwrssw vaww+t?+?w++w++r
Filed For Registration:
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
0513112006 09:39:26 AM
RE 1524 Page: 531.534
2006004155
DEED 4 PGS $20.00
$390.00
JENNIFER L WHITEHURST
*2006004755*
2006004755
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NORTH CAROLINA
BEAUFORT COUNTY
FOR REGISTRATION REG157ER OF DEEDS
JENNIFER LEGGETT WHITEHIMS1
BEAUFORT COUNTY , roc
206 MAY 3109:39:26 AM
8K 1524 9 531-534 FEE:$20.00
K REVENUE $W $390.0e
INSTRUMENT # 2006 4755
PREPARED BY CARTER, ARci-uE. HAs5Eu. & HOLBROOK, L.LP.
AMIKNEYS AT LAW, POST OFFICE DRAWER 2187
WAsmrmrrm, NORTH CAROLINA 27889
THIS DEED, made and given thisay of May, 2006, by WEYERHAEUSER
REAL ESTA111 DEVELOPMENT COMPANY, a corporation of the State of Washington,
and duly authorized to do business in the State of North Carolina, hereinafter referred
to as "Seller"; to RONALD G. DILZER and wife, JUDITH LEE DILZER, whose address
is 25 Larkin Avenue, Pine Beach, NJ 08741, hereinafter referred to as "Buyers";
WITNE. SSETH:
That Seller, for and in consideration of the sum of Ten Dollars ($10.00) and other
good and valuable considerations to it paid by Buyers, the receipt of which is hereby
acknowledged, has bargained and sold, and by these presents does hereby bargain, sell
and convey unto Buyers, their heirs and assigns, in fee simple, the following parcel or
tract of land located in Richland Township, Beaufort County, North Carolina, and being
more particularly described as follows:
gR1524PC532
BEING all of (10), as, tiv, same is shown on that A t1?? prP=pi by
Norwood Martin Mayo, Registered Land Surveyor, dated June 19, 1999,
and identified by the following legend. "SURVEY FOR. WINDSONG
PHASE Ill." This Map is duly of record in Plat Cabinet F. Slides 46-9, 46-
10, 47-1, 47-2, and 47-3 in the Office of the Register of Deeds of Beaufort
County. Further reference is made to said map for a more complete and
accurate description of this property. Being a portion of the lots conveyed
to Weyerhaeuser Real Estate Development Company by Deed recorded in
Book 1203 at Page 354, Beaufort County Registry.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land together with all
privileges and appurtenances thereunto belonging or in anywise appertaining unto
Buyers, their heirs and assigns, in fee, forever, subject to the followin&
1. Beaufort County ad valorem taxes for 2006 and subsequent years.
2. Rights of others in ditches or canals along property lines as shown on
Subdivision Map.
3. Mineral Reservation by Weyerhaeuser Company as set forth in Deed recorded in
Book 1203, Page 354:, Beaufort County Registry.
4. Easements and rights-of-way for public utility lines and for drainage crossing
and/or serving the property, and 75 foot setback from Campbells Creek as
shown on the recorded Maps of Windsong Subdivision, Phase III.
5. Restrictive Covenants of record in Book 1150, Page 142, Beaufort County
Registry, as amended in Book 1317, Page 623, Beaufort County Registry.
6. The laws and regulations of the United States of America, State of North Carolina
and Beaufort County regarding waterfront property and wetlands.
7. Right-of-way for Windsong Way.
8. Any portion of the property lying below the high water mark of Campbell Creek.
And Seller covenants and warrants to and with Buyers, their heirs and assigns,
that it is seized of the above described lands in fee and has the right to convey the same,
that the same are free from all liens and encumbrances except those above set forth, and
that subject only thereto Seller will warrant and defend the title to the same against the
lawful claims of all persons whomsoever.
9'x1524PC533
N 'i 0SI'IMONY WHEREOF, Se . sc-? t ?is Deed to be execu.
by its Vice-President, as authorized by its Board of Directors.
WEYERHAEUSER REAL ESTATE
DEVELOPMENT COMPANY
By: /L?L
James D. Bowiing, Vice-P
STATE OF GEORGIA
COUNTY OF MORGAN
I, Cindy H. Baldwin, Notary Public in and for the State and County aforesaid,
certify that JAMES D. BOWLING personaIly and voluntarily came before me this day
and acknowledged that he is Vice-President of WEYERHAEUSER REAL ESTATE
DEVELOPMENT COMPANY, a corporation, and that he as Vice-President, being
authorized to do so, executed the foregoing on behalf of the corporation. The
undersigned Notary Public has personal knowledge of the identity of the principal or
satisfactory evidence of the principal's identity.
Witness my hand and official seal or stamp, this the 24th day of May, 2006.
NOTARY PUBLIC
My commission expires: .?
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Property Details:
PIN 1 115015218 GPIN 1 17506-04-7588
GPINLONG 7506-04-7588 NAME1 1 DILZER RONALD G
NAME2 DILZER JUDITH LEE ADDR1
ADDR2 1125 LARKIN AVENUE CITY PINE BEACH
STATE NJ ZIP 1 08741
PROP _ROAD WINDSONG WAY ACRES OF
ACCT_NBR 11879148 MAP_SHEET 1 1750600
111,113R BLDG
110
DATE 1
15/31/2006
11313 PG 111524/0531 LAND VAL 1 1180000
BLDG_VAL 110 DEFR_VAL 0
ITOT 11180000 NBHD_CDE ? WIND
NBHD DESC WINSONG SUB_CDE 816
SUB DESC 1 1WINDSONG III STAMPS ? 390
SALE _PRICE 1 1195000 ZONE
LAND _USE DISTRICT 14
PROP_DESC LOT #10 WINDSONG III MBL 75060076W
EXMPT_PROP EXMPT_AMT 0
ROAD TYPE II P I
CENSUS BILK
PREVASSESS 110
DISCLAIMER. These maps and information either in digital or hardcopy format are provided solely as a public service and they do not meet surveying accuracy standards. This map
data is prepared from the inventory of real property found within this jurisdiction and is compiled from recorded deeds, plats, and other public records and data. Users of any maps
generated on this site are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on any maps. The
county of Beaufort assumes no legal responsibility for the information contained on these maps
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Beaufort Cuunty Health Department
Environmental Health Section
132 North Market Street
Washington, North Carolina 27889
[phone]
.1957 (b)
FILL REQUIREMENTS
(This is not an Improvements Permit)
Applicant: 1,J?yuk,ere? f,_1 C" 4, c.' Required Fill: lJ' ''
Location: WiJr°,,i J_io '
Area of Fill: Y?. X ?'
Soil Classification: C(ar1?ZT
These requirements for fill must be completed and then approved by the Beaufort
County Health Department before an Authorization to Construct can be issued.
The area designated for the septic system shall be indicated on the Improvements Permit
and flagged off the actual lot. Failure to install the fill in the approved location may result
in the fill having to be moved. Careful attention must be given to the preparation of the
area to ensure that the septic system will function properly. Do not work the soil in wet
conditions if the soil is Class II, III or N (refer to above for your soil classification).
Working a class II, III, or IV soil in wet conditions can destroy the soil characteristics may
prevent an Authorization to Construct from being issued.
Remove vegetation from designated area without removing topsoil. Disk designated
area to break up root mat to a depth of 6 inches. Add 3"- 4" of approved sand fill to area
and disk again to throughly mix the original soil and the fill. An approved sand fill is a
sand or loamv sand. -Add more sand fill to brincy height to 6" below required height. The
final 6" of fill shall be a finer texture soil (sandy loam or sandy clay loam topsoil) for the
establishment of a vegetative cover.
. Completion of the above requirements will allow an Authorization to Construct to be
issued for the site. Contact Beaufort County Health Department upon completion for the
fill inspection.
Environmental Health Specialist:
Date: IT-/;L-5q
Environmental Health Specialist:
Date of fill inspection:
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WEYERHAEUSER
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North Carolina Dopartnwnt of Environment and Nah.W Redomecs
Alan W. KIGntk P,E, Dirt=
Division of Water Quality
G"O'lhr3. ?1L^1.A ,/)r,
March 23, 2006
DWQ Project # 06-00217
Beaufort County
Mr. Taylor Downey
Suite 700
1412 Eatonton lEghway
Madison, Georgia 30650
Certified Mail #7003 3110 0002 0608 7976
0 480bjtfttlttop*gJ FAX # t9 W%1dsong Ill
Aurora, NC 27806
Tar-Pamlico River $asin
UNITED COUNTRY
? out
APPROVAL for the use of the "General" MAYOR 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. Downey:
You have our approval, in accordance with the conditions listed below, to impact approximately 5687 square feet (W) of
Zone II of the protected riparian buffers for the purpose of constructing a dwelling and a driveway on the subject property
as described within your application dated January 19, 2006 and received in full by the Division of Water Quality on
February 7, 2006. This letter shall act as your approval for the use of the "General" Major Variance; From the Tar-
Pamlico Riparian Buffer Rules for the Construction of Structures on Existing Lots within the Coastal Counties as defined
by the Coastal Area Management Act with ADDITIONAL CONDITIONS as approved by the Water Quality Committee
(WQC) of the Environmental Management Commission (EMC) on May 10, 2001. In addition, you should get any
other required federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Central and CAMA permits,
This approval is for the purpose and design that you described in your variance request. If you change your project, you
must notify us and you may be required to send us a new request for approval. If the property is sold, the new owner
must be given a copy of this approval and plat thereby assuming responsible for complying with all conditions, This
approval requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for proposed and "exempt" uses as identified within 15A NCAC 2B .0259(6) shall occur to
Zone 1 of the protected riparian buffers unless otherwise approved by the D'WQ. No impervious surfaces shall be
added to Zone 1, unless otherwise approved by the DWQ.
•a
North Carolina Uiv6ion of Water Quality Internet w ww,notgffgWiity ore
943 W-hi i" Square Mall Phone: [phone]
Washingrvn,NC27889 FAX [phone] Np?8thCarQl]na
An Equal 0A-to*iAf fir WbW ad ion Employer - 50% RouN 0% Post consumer paper Au rail

2. Certificate of Completion

Upon e6cnpletion of all work approved withio the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to retitm the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 943 Washington Square Mail, Washington, NC
27889.
3. Diffuse Flow
All new stormwater drainage shall be direoted to vegetated area as diffuse flow at non-erosive velocities prior to
entering the protected ripari,sa buffers as identified within l5A NCAC 2B .0233(5). No new ditching or piping of
stormwafer through the protected buffers is allowed
4_ Buffer Mitigation ( Mcstoration)
You are not required to mitigate for Zone U impacts to the protected riparian buffers.
05/08/2008 0;.:54 FAX [phone] UNITED COUNTRY X1002
04/ 26/ 2096 1.5:50 7063431895. WEYERHAEUSER -PAGE 9`2/ 03__._
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 Viis letter, To ask for a hearae, send a written petition tiiat conforms to
Chapter 15013 of the North Carolina C*ner31 Statutes to the Office of Administrative Hearings to: 6714 Mao 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 Tar-Pamlico River Riparian Maffer protean
Rules 415A NCAC 2B .0259 (9)(b)). Please contact Kyle Barnes at 252-948-3917 if you Have easy gmtestims ar require
copies of our rules or procedural waterials.
Sincerely,
1~
Al Hod.90upervisor
Division of Water Quality
Surface Water Protection
Washizagton Regional Office
Enclosures: Certificate of Completion.
Plat (drawing of impacts)
cc: DWQ WaRO Regional Office
DWQ Central Office, Cyndi Karoly
Central Files
Beaufort County Building inspections
CAMA Moreboard