HomeMy WebLinkAbout20150187 Ver 1_Draft Application_20150109From: 8obZaraecki <bzaraecki@sandec.com>
Sent: Friday, January U0'ZUl54:U0PK4
To: Scarbraugh' Anthony; 8urdette, Jennifer a
Cc: ReemDarar(rdarar@nc.rccom); Tankard, Robert
Subject: RE: Major Variance Request for Darar Property at 734 Old Pamlico Beach Road East in
Beaufort County
Attachments: DARAR Major Variance App|ication_DRAFTVersion l_01-09-2015 (not signed).pdf
Attached is the draft variance application for your review. I have not yet attached the acceptance
letter from EEP. I wanted to get your agreement on the amount of mitigation before making the
request. I'm not anticipating any issues obtaining it and can do so as soon as hear back from
you. Also, pending your review and comments and us finalizing the application, I'll have Mrs. Darar
sign the final and provide you all the necessary copies.
Bob Zarzecki
Wetlands DePortimentMonoger
So0 & EnvimonnnentsU Consultants, PA
We've moved to:
North Quarter Office Pork
8412 Falls ofNeuse Road, Suite 1O4
RoUeigh, NC 27615
(919)846-59OOOffice Phone
(919) 256-4517 Direct Line
(919) 846-9467 Fax
(919) 270-2068 Mobile
Visit usotSandEC.coDl|
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From: Bob Zarzecki
Sent: Thursday, ]anuaryO8 20155:15PM
To: Scarbnaugh,Anthony
Cm: Reem Oanar ; Burdette, ]ennifera; Tankard, Robert
Subject: RE: Major Variance Request for Oanar Property at 7]4[>|d Pamlico Beach Road East in Beaufort County
We're still shooting to have you the variance request tomorrow for your review. Attached is the
updated survey map that will be included in the request.
AOhZarz8Cki
Wetlands Department Manager
Soil & Environmental Consultants, PA
From: Bob Zarzecki
Sent: Wednesday, December 31, 2014 9:13 AM
To: Scarbraugh, Anthony
Cc: Reem Darar (rdarar(a)nc.rr.com); Burdette, Jennifer a; Tankard, Robert
Subject: Re: Major Variance Request for Darar Property at 734 Old Pamlico Beach Road East in Beaufort County
Thanks for the heads up Anthony. Mrs. Darar is waiting on her surveyor to make changes to the plat map. Our plan is to
submit the variance request on or before the 10th.
Sent from my iPhone
On Dec 31, 2014, at 8:12 AM, Scarbraugh, Anthony <anthony.scarbraugh @ncdenr.gov> wrote:
Mrs. Darar,
On November 26, 2014, this Office received an email correspondence from your consultant regarding
corrections to the "Major" Variance application that will need to be completed prior to the submittal
deadline of January 10, 2015. This Office would like to remind you that two previous submittal
deadlines have not been met. If the required information is not received on or before January 10, 2015,
this Office will proceed with a Notice of Violation with Recommendation for Enforcement. If you have
any questions or require any assistance in order to comply with this request, please feel, free to contact
me.
Thanks,
Anthony Scarbraugh
Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources — Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
(252) 948 -3924
********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
E -mail correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties unless the content is exempt by statue or other regulation.
********************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
State of North Caroli
Department wg�,,
Environment -• •
Division • -• •
DMslan of
15ANCACO2B.0233 (8)(b),.0243 (8)(b),.0250 (11)(b), .0259 (8)(b),.0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Rparian Areas Rules- Variance Application
FORM: VAR 10 -2013
PLEASE IDBVTIFYWHICH RIPARIAN AREA PROTECnON RLJLEAPPLJ ER
❑ Neuse Ewer Basin (15A NC4CO2B.0233)
El Major Variance ❑ Minor Variance
❑ Catawba Ewer Basin (15A NC4CO2B.0243)
❑ Randleman Lake Water &Apply Watershed (15A NCACO2B.0250)
El Major Variance ❑ Minor Variance
✓ Tar - Pamlico Ewer Basin (15A NCACO2B.0259)
4 Major Variance El Minor Variance
❑ .brdan Lake Water &Apply Nutrient Etrategy (15A NCACO2B.0267)
El Major Variance ❑ Minor Variance
❑ Goose Creek Watershed (15A NCACO2B.0606 & 15A NCACO2B.607)
A General Information
1. ! jZjAmV I nformat ion (4 ndls'nd46m Cls r ftmC.t wz,rCFnbeq:
Name: Mohamed Ai & Rbem T. Darar
Title: owners
greet Address: 1205 Nnsdale Drive
City, gate & Zip: Raleigh, NC27615
Telephone: (919) 675 -9735
Email: rdararMacktonaturenc.com
2. Property O,AVner /9gning Official (A'do■ 1"'rWb.ttli acindls .t wZ'rCFA.f Jft I' .jj�.I's):
Name: Mohamed Ali & Rbem T. Darar
Title: owners
greet Address: 1205 Nnsdale Drive
City, gate & Zip: Raleigh, NC27615
Telephone: (919) 675 -9735
Email: rdararMacktonaturenc.com
FORM: VAR 10-2013
3. Agent Information:
3a. Name: Bob Zarzecki, Wetlands Department Manager
Company Affiliation: SDil & Environmental Consultants, PA
greet Address: 8412 Falls of Neuse Fbad. Suite 104
Oty, gate & Zip: Raleigh, NC27615
Telephone: (919) 846 -5900
E mail: bzarzecki(c�sandec.com
3b. Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner.
4. Project Name ( {j L JhVbi( A'JP cinUCIIJ s■ y s):
DARAR PFCPERTY
5. Project Location:
5a. greet Address: 734 Old Pamlico Beach Fbad (9R 1
Oty, gate & Zip: Belhaven, NC27615
5b. County: Beaufort
5c. 9te Coordinates (in decimal degrees): 35.3893 Latitude - 076.5952 Longitude
5d. Attach an 8'hx 11 excerpt from the most recent version of the U8 GStopographic map indicating the location of the site.
5e. Attach an 8'hx 11 excerpt from the most recent version of the published County NRCSSDil Survey Map depicting the
project site.
6. Property Information:
6a. Property identification number (parcel ID): 7610 -65 -6299 & 7610 -65 -6332
6b. Date property was purchased: September 27, 2013
6c. Deed book 1831 and page number 44 =5
6d. Map book and page number ** Plat Map Attached recorded in Plat Cabinet 29F6
6e. Attach a copy of the recorded map that indicates when the lot was last platted.
7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?
✓ YES ❑ NO
7a. If you answered yes above, in which AECdo you fall (30 ft or 75 ft)? 30 -ft AEC
7b. If you answered yes above, what is the total percent of impervious cover that you have proposed within the AEC? 7.521 %
total new and old impervious within 30 -ft AEC (excludes deck)
FORM: VAR 10 -2013 Page 2 of 6
8. Directionsto site from nearest major intersection:
From Hwy 264 in downtown Belhaven, NQ take NG99 south for 5.7 miles; turn left on Savanah Fbad (1718) and go 2.6 miles
crossing over Woodstock Rd (ER 722) onto Pamlico Beach Fbad (ERI725)(road changes names); stay on Pamlico Beach Fbad for
5.2 miles to Old Pamlico Beach Fbad (ER730); turn left (east) and follow Old Pamlico Beach Rd. 0.8 miles (staying right at
c1776) to 734 Old Pamlico Beach Fbad (ER730), house will be on the waterfront to your right.
9. Bream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
Pamlico Ewer (Bream Index No. 29(27) S4 HQW; NS/V
9a. For Goose Oreek only: Is the buffer in the 100 -year floodplain? ❑ YES ❑ NO
10. List any permits/ approvals that have been requested or obtained for this project in the past (including all prior phases).
Date Applied: Date Feceived: Permit Type:
B. Proposed Activity
1. Project Description
la. Provide a detailed description of the proposed activity including its purpose:
The proposed activity is an after - the -fact request for a +/- 342 sf addition (sunroom) and a +/- 355 sf onto an existing home
located on the property. The addition was constructed partially over a pre - existing concrete slab /pad ( +/- 71 sf). The deck
was constructed over +/- 96 sf of previously existing structure. The remaining portion of the addition and deck were
constructed over existing yard area. (Note: The areas listed above are from the project surveyor as per the attached
survey, and differ some from the DWFLNOV(s), with the exception of the area of pre - existing structure under the deck
which was taken from the NOV). No trees were removed as part of this project. The disturbed area waswell used existing
lawn along a bulk - headed and riprap lined shoreline of the Pamlico Ewer.
The purpose of the addition was to provide additional indoor and outdoor living space overlooking the Pamlico Ewer to
make better use of the existing home as part of a home renovation project.
The work on the addition and deck began in the Fall /Winter of 2013 and progressed until such time that the owner was
informed of the 50 -foot Tar - Pamlico Buffers by DWRasoutlined in the attached January 15, 2014 Notice of Deficiency
(NOD - 2014- PG0022). The owner met with DWRin March 2014 asoutlined in the attached May 15, 2014 NOD - 201 -PG
0022. S&Mwas contacted in June 2014 to assist the owner with this matter. S&Mcontacted Mrs. Jennifer Burdette of the
DWRcentral office and all agreed that a survey was needed to properly identify the extent of the impacts. The original
surveyor of the property was unable to assist and obtaining anew surveyor took longer than anticipated. S&Mmet with
Mrs. Burdette on August 26th to discuss the o0■s'rf options with only a draft survey in hand. The project was determined
not eligible for the use of -9L2012 -200 given that the infrastructure work that had occurred waswithin 30 feet of the
normal water level (NWL). Changeswere required from the survey to properly locate the NWL and identify the impacts.
The project survey hasonly recently been finalized. Sae attached.
1b. Attach a site plan showing the following items as applicable to the project:
0 Development/ Project name
0 Revision number & date
0 North arrow
0 Scale -itmi- c,,%l is preferred)
0 Property/ project boundary with dimensions
0 Adjacent streets and roads labeled with names and /or NCgate Fbad numbers
0 Original contours and proposed contours
FORM: VAR 10 -2013 Page 3 of 6
0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries
0 Mean high water line (if applicable)
0 Wetlands delineated, or a note on plansthat none east
0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries
0 Extent of riparian buffers on the land including Zone 1 and Zone where applicable
0 Location and dimension of the proposed buffer impact (label the area of buffer impact in ft2on the plan)
0 Detailsof roads, parking areas, cul -de -sacs, sidewalks, and curb and gutter systems
0 Footprint of any proposed buildings or other structures
0 Discharge points of gutters on eAsting structures and proposed buildings
0 Bdsting drainage (including off - site), drainage easements, and pipe dimensions
0 Drainage areas delineated
G Proposed Impactsand Mitigation
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
Buffer Impact
Required
Zone
Number' -
Fuson for Impact
Buffer
Zone 1 Impact
Zone 2 Impact
Permanent (P) or
(square feet)
Mitigation
(square feet)
(square feet)
Temporary (T)
Zone 2
Required
1.5
5.64
B1 - ®P ❑ T
Home Addition & Deck
/Yes ❑ No
526.6
3.76
B2 - ❑P ❑T
❑ Yes ❑No
B3 - ❑PE] T
❑ Yes ❑No
Total Buffer Impacts
530.36
Label on site plan
2. Identify the square feet of impact to each zone of the riparian buffer that requires mitigation from the table above. Calculate
the amount of mitigation required.
'For projectsin the Goose Creek Watershed, list all riparian buffer impactsasZone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin /watershed. Mitigation will be provided as payment into the Rparian Buffer Festoration Fund administered by NC
EEP (or private bank if one becomes available). Payment will be made within 30 days of variance approval.
3a. Is buffer restoration or enhancement proposed? ❑ Yes ✓ No
If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one -time fertilization in the
protected riparian buffers, and a plan sheet showing the proposed location of the plantings.
3b. Is payment into a buffer restoration fund proposed? ✓ Yes ❑ No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NCEcosystem Enhancement
Program stating they have the mitigation credits available for the mitigation requested.
FORM: VAR 10 -2013 Page 4 of 6
Required
Zone
Total Impact
Multiplier
Mitigation
(square feet)
(square feet)
Zone 1'
526.6
(2 for Catawba only)
1.579.80
Zone 2
3.76
1.5
5.64
Total Buffer
Mitigation Required:
1,585.44
'For projectsin the Goose Creek Watershed, list all riparian buffer impactsasZone 1
and use Zone 1 multiplier.
3. Provide a description of how mitigation will be achieved at your site pursuant to the mitigation requirements of the applicable
river basin /watershed. Mitigation will be provided as payment into the Rparian Buffer Festoration Fund administered by NC
EEP (or private bank if one becomes available). Payment will be made within 30 days of variance approval.
3a. Is buffer restoration or enhancement proposed? ❑ Yes ✓ No
If yes, attach a detailed planting plan to include plant type, date of plantings, the date of the one -time fertilization in the
protected riparian buffers, and a plan sheet showing the proposed location of the plantings.
3b. Is payment into a buffer restoration fund proposed? ✓ Yes ❑ No
If yes, attach an acceptance letter from the mitigation bank you propose to use or the NCEcosystem Enhancement
Program stating they have the mitigation credits available for the mitigation requested.
FORM: VAR 10 -2013 Page 4 of 6
D. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re- planting vegetation
or enhancement of e)asting vegetation, gutter splash pads, level spreader to control of runoff from impervious surfaces, etc.).
The deck is pervious and as such any water will infiltrate into the soil below the deck. The runoff from the roof addition will fall
Partially onto the deck which in turn will infiltrate into the soil, and partially onto the e)asting concrete slab and lawn and then
infiltrate directly into the soil. No discharges through the buffer to the river will occur.
la. 9iow the location of diffuse flow measure(s) on your site plan.
1b. Attach a completed Level Spreader Supplement Form or BM P Supplement Form with all required items for each proposed
measure. n/a
1c. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP. n/a
2. For Major, Catawba, and Goose Creek variance requests, provide a description of all best management practices (BM PS) that
will be used to minimize disturbance and control the discharge of nutrients and sediments from stormwater.
2a. 9iow the location of BMPs on your site plan.
2b. Attach a Supplement Form for each structural BMPproposed.
2c. Attach an Operation and Maintenance (O&M) Form for each structural BMP proposed.
E Demonstration of Need for a Variance
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aA#mrI O us■ Cls'rt Art .I k JA440 gt cinj ■■sr utAff HAf � C sbs ■CI' .I't O N C s �C COQ 'noz'n�J°� .
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1. Explain how complying with the provisions of the applicable rule would prevent you from securing a reasonable return from or
make reasonable use of your property. Merely proving that the variance would permit a greater profit from the property shall
not be considered adequate justification for a variance. The Division will consider whether the variance is the minimum
possible deviation from the termsof the applicable Buffer RAle that shall make reasonable use of the property possible.
This is an e)asting lot with an e)asting home. When the owner purchased the home and property they were not aware of the
Tar - Pamlico Buffer rule. The addition was constructed partially over e)asting impervious and structural areas and was deemed
necessary for the owner to enjoy river front views from both inside and outside of the home. Constructing these additions to
the rear or west side of the home would not provide the desired views. Constructing them on the east side does not work with
the e)asting layout of the home and would still require buffer impacts, and impacts in areaswithout e)asting impervious or
strucutures.
2. Explain how the hardship results from application of the Buffer RAle to the property rather from other factors such as deed
restrictionsor other hardships (e.g. zoning setbacks, floodplains, etc).
The home is e)asting, and the cost to relocate the home closer to Old Pamlico Beach Fbad was not practicable.
FORM: VAR 10 -2013 Page 5 of 6
3. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography, which is different
from that of neighboring property.
The home is eAsting and any additions to the home on the south and east sides would be within the buffers.
4. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable Buffer RAle.
The hardship would have e)asted prior to the applicant violating the rule. The owner would not have been able to construct the
addition without this variance.
5. For Neuse, Tar - Pamlico, Jordan Lake and Goose Creek only: Did the applicant purchase the property after the effective date of
the applicable Buffer RAle and then request a variance?
Yes. The applicant purchased the property on September 27, 2013. However, this does not change the hardship as to the need
for the addition or deck, as the lot and home both pre- e)asted prior to the effective date of the buffer rule and as such a similar
variance would have been required if the previous owner for this project.
6. Explain how the hardship is rare or unique to the A,ZjAmo property, rather than the result of conditions that are widespread.
The pre- eAsting conditions within the location of the addition included impervious areas, structures and heavily trafficked lawn
area. The activity did not require the removal of any trees or woody vegetation or impacts to any high functioning buffers.
These conditions do not east on every property.
F. Deed Restrictions
By your signature in Section Gof this application, you certify that all structural stormwater BMPs required by this variance shall
be located in recorded drainage easements, that the easementswill run with the land, that the easementscannot be changed
or deleted without concurrence from the gate, and that the easementswill be recorded prior to the sale of any lot.
a ! j4AmO Certification
I, (print or type name of person listed in Section A, 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 Section Fof this form will be recorded with all required permit
conditions.
9gnature:
Date:
FORM: VAR 10 -2013 Page 6 of 6
S ()Ili 1 1
I C sult�� PA,
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PROPOSAL / AGREEMENT FOR PROFESSIONAL SERVICES
I l-cis loir Profess4mal Services (the 'A,?Ireenneint") os b�
between R cem T, Daxar,
located at 1205 Kinsdalc �)pa w acm R'alei(Ji 276 15,
(hereinafter "Client"), and Soil & Environmental Coilsultants. PA. a corporation.. with its corporate office at 8412 Falls
of Neuse Road., Suite 1014, Raleigh- Nordi Carolina. 27615 (hereinafter "S&EC").
Sl]"'FANFORMATt:tai
QW'',(' shall provilt.k., the senvices as desc6bed below to Cfic.nl for pr6a cl locaied at
Darar 111ropqqy,2'24 Old Flanflkn'-) Beach Rd,, Adams Po nl- 11a.m.lico 61each, Bew,ifort Cp- NC
0,3,,.icr(,,-stotd I TN �� 76 10- 65� 6132 & 76 � 0 65 6290 Lat/Long: 3�',, ,38940 / 0.76,595.24.
,ire am, ( arnfico River (SII If nde), INN'(). 29('27), $A
LJON'. Nsw)
mmnKmmg�
S&EC shall provide the following deliverables to Client in association with the Services described above.
')C, A R- 1) A NIL I C0 13 U In IIF`'.l.R ( "ON S 1, I I : TATJ IN" Sold X:1, y" ill provid.e. the chcirtt Willi cop!�,§
of any pphu 1i ms, r g�:dql,pry Ictters or corresponde as l(:,,qiiwsted, 0-tereinafter
4 �Q
"Deliverables ").
Deliverables - In connection with the peribrinancu of the Serviecs. S&,I- , ( shall delkci to Client one of more reports of other documents
reflecting `Services provided. the results ot':;uch Services or S&F.C's CVAlurtion of tide result; of such Sm,ices. All reports and documents
delivered to Client are instruments rellecting the Services provided h% S&FU F)LI11SUailt to this agreement and made available for Client's use. All
such reports. written documents, original data gathered bo S&EC and wwrk papers produced by SKF(, in the performance of the Service,,
(collectivel w- "Work ProdUCt") are. and slidli ienmir., the sole and exclusm, property ol'S&FC. The Services- and tang data, recommendations.
proposals, reports. design criteria, and simikar inform9tion provided be S& H' to Cherit pl.lrsUalitto this Agreernem are provided iorthe exclusive
use 01'LlIe ClieIll. 011 the PrOjeCt and for purposes ritcaidtcl b.\ Cliert and di closed to r, Ille f)UrT)0SC 161' re(ILICStin'! the Work and are not to
be used or relied upon by third parties lAithOUI lhe permission of `M
fhe following fees are associated with the Services and Deliverables described above.
I I I
YAR PAMLICIO 131ij, FEE. pltu; lkxpefl'ses pg atta,ched
S&kk, ( cc schedt'lle, w4h ail, upfront rc�tajiser (,d-to be_pSc)0de(I iio2rt corlil.r.act
-nccpl:a1"wc.
S&ECCoil Nail Bob Zarzeckli 11roJect Number . . ............. . ....
Pi,pr,pect.Naime:.-DARARPROPERTN' 734 Clad PaimllicollI Datc,11tuly 28, 2014
Page i of 2
S&EC Q_)6r'ERA'Y°dCsG G 16t)tr,l_,aNE
Soil & Lnvironim. -nt.al t_'onsultants.. PA i> a pi4ltr y:aronal e vironn1Qrltal consulting, firm that renders olum ln-s ill certain envirolbinental
Chatters. Rules, 2 ovirnin- most t regulated issues fn11C.i`prete d. gild eoverrled bi local, state and I''cdee'al agenciest are eVol'tin- constan. i.k.. and in
rllallN crisp ;., affected bv tl'rt: C7(7nliiln5 rll nl(.lC"v "idnUls e[hpl(7w'etl IY"a` d1CSC ;d,l'CCrnnit.... ap,e n411C °;. CC�ti15E;Cl lBeiltli'.. ( >r .1. CalillOt "Lii3d'idrtee that our
trl will be accepted or pei "ihit'ted by that _tit'('.H "Y1iil B CIRACS.
:%(dditional worl; mai also he iquested b-1, I wal mni (, and federal aagenalie,w. even Mien bGlirnes the wiorl, pre0ously perl"ormed should be
Sufficient. Sl ch additional 4xorl;. Will be billed it our homl\ sates as indicated oll (1Lir ter se.hedide (ii it k be.wnd t.l1c scope o our iaiti,-Il work.
grid il'aut.horized by il.he Client). If the Clicsit l.niti to aurlimize additional 4w ul, r'ecluemed b% [Ile .;('P4`eCniil U2MCie S., thetl of °Will be highly- unlikely
that permus or tli.her approvals to ll be (blamed I,i;Cn then. authorization ot'the addit4iijul wNkirk.. bE tile client does not imply or constitute a
°Llaianit.0 by `'i6':IG C that. a pernlli(s) or a'ppim als �w l N, obtained. In all lakes. mithorization bw the Client for .`ro&I:C" to begin work COT11irTnS the
client'` rt 1ponsibilitb" to pay all invoices Rm authorized t %orp rep? rrdleS`S 0'l otucome o author ed mw ,TIL.
A.al`«' and all ':lilt,~ urta"k tailities matk.r. ';(n ;.,T Cattle. nrt'atioll, ll(l'4 er- leleliholle, ete.} ai'e to Ile Iocated 11% the client. before .` &I;C s Site v%ork-
Fire shptr of dips Contlalt assumes all respCbil:•�ihilm tOr tam accidental daihaoe that occur, i1 the location!; of LltilitlC.s are not elearli' art(]
` ccurat€h- nl`cIl'"k .d pricer io Commencement of 011r %5Ork.
I hd: above Costly cb:iSB.nw that ptlitirlrYS of the lopelh are not too dell xek lt.°CCtatCd so a8 io prohibit a thOFOU °f1 evaluation. It the vgg(etation
requires clearing or partial Cleaniw , a ne4% proposal call Ile drafted so thLa Coordination Can lle Ctin1pletC Ca iF "i t:I'6 the LIL arina CC >rlipall't'.
The t:inle spent on a job w\ ill include shot ?di7✓
NDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 15, 2014
CERTIFIED MAIL #7012 2210 0002 4887 2196
Mr, Mohamed Ali Darar
1205 Kinsdale Drive
Raleigh, NC 27615 -1124
_Subjects Restoration Deadliine.....
NOD-2014-PC-0022,
Mohamed Ali Darar
Tar - Pamlico River Riparian Buffer Violation
Beaufort County
Dear Mr. Darar:
John E. Skvarla, III
Secretary
On January 7, 2014, Anthony Scarbraugh of'the division of Water Resource (DCrti"Rj'rnerwith you try hTsmcfi`
your property located adjacent to SR 1730 (Old Pamlico Beach Road East) near the town of Belhaven,.
Beaufort County. During the site visit, DWR staff observed impacts to the riparian buffer adjacent to the
Pamlico River. Impacts consisted of the placement of impervious surfaces in the riparian buffer, which
consists of the construction of a new 24' X 16' room and 22' X 16' wood deck at an elevation of 3 above
ground level, which is prohibited within the buffer rules.. Please note, approximately 64 square feet of
previously existing impervious was located underneath the-footprint of the new room, and approximately
96 square feet of previously existing structure was located under the new deck. On January 15, 2014, DWR
issued a Notice of Deficiency (NOD) for the Tar - Pamlico River Riparian Buffer violation with a response
deadline of 30 days upon receipt of the NOD and a restoration deadline of April 12014..
°'r% °/ r Oct March 31, 2014, Anthony Scarbraugh of DWR and you met in the North Carolina Department of
Environment and Natural Resources Washington Regional office to discuss the subject violation. During the
discussion, you had stated that a family matter had delayed your response however you would request an
extension via email within a week. In addition, DWR staff discussed the two options to comply with the
violation either to apply for a Major Variance from the Tar - Pamlico Riparian Buffer Rules or remove the
portion of the onsite structures that are out of compliance. In addition, DWR staff required that following
structure removal, the previously existing grass lawn be reestablished.
it is the expectation of this Office that a Major Variance; From the Tor - Pamlico Riparian Buffer Rules
application be submitted to the DWR Raleigh Central Office or the unauthorized structures are removed
within 30 days of the receipt of this letter. If you wish.for the impacts to remain in place, you must
contact Jennifer Burdette of DWR 401 & Buffer Permitting Section at (919) 807 -6364 for information on
horny to request a Major Variance; From the Tar - Pamlico Riparian Buffer Rules. If you elect to remove the
unauthorized structures, please submit pictorial documentation to this Office.
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone. 252- 946 -64811 Fax: 252 - 975 -37161 Internet: www,ncdenr.gov
An Equal Opportunity I Affirmative Action .Employer -'Made in pal by nom' papa
sbde!cz!D
Thank you for your attention to this matter. This office requires that the violations as described above be
properly resolved. Unresolved violations may lead to the issuance of a Notice Of Violation and/or
assessments of civil penalties.
If you have any questions or require any additional information, please contact Anthony Scarbraugh at
(252) 948-3924 or me at (252) 9148-3921.
Sincerely,
nt Re"gi , onak'supirvMr
Operations Section
Division of Water Resources, NCDENR
cc: WaRO Files
Shelton Sullivan —401& Buffer Permitting Unit
Steve Trowell, DCM Washington
Hf of sbLf e!cz!Dbn Tdboofs
AWA
r
HCD
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrary Thomas A. Reeder John E. Skvada, III
Govemor Director Secretary
January 15, 2014
CERTIFIED MAIL #7012 221.0 0002 4887 4404
Mr. Mohamed Ali Darar
1205 Kinsdale Drive
Raleigh, NC 27615 -1124
Subject: NOTICE OF DEFICIENCY
NOD - 2014 -PC -0022
Mohamed Ali Darar
Tar - Pamlico River Riparian Buffer Violation
Beaufort County
Dear Mr. Darar:
On January 7, 2014, Anthony Scarbraugh of the Division of Water Resource -Water Quality Regional
Operation Sections (DWR- WQROS) met with you to inspect your property located adjacent to SR 1730
(Old Pamlico Beach Road East) near the town of Belhaven, Beaufort County. Prior to the inspection, Mr.
Steve Trowel! of the Division of Costal Management, Mr. Scarbraugh and you met at the Washington
Regional Office to discuss unauthorized expansion of a structure within the Tar - Pamlico River Riparian
Buffer. The property is bordered by Pamlico River, which is located in the Tar - Pamlico River Basin and is
therefore subject to the Tar - Pamlico Buffer Rules.
During the site visit, DWR- WQROS staff observed impacts to the riparian buffer adjacent to the Pamlico
River. Impacts consisted of the placement of impervious surfaces in the riparian buffer, which consists
of the construction of a new 24' X 16' room and 22' X 16' wood deck at an elevation of 3 above ground
level, which is prohibited within the buffer rules. Please note, approximately 64 square feet of
previously existing impervious was located underneath the footprint of the new room, and
approximately 96 square feet of previously existing structure was located under the new deck.
As a result of the site inspection and file review, the following violations, detailed below, are noted:
! Tar- Pamlico River Buffer Rule Violation
1) Tar - Pamlico River Buffer Rule Violation (15A NCAC 2B.0259)
The riparian buffer extends fifty feet landward of coastal marsh or from the top of bank from any feature
that shows as a surface water on either the soil survey map prepared by the Natural Resource Conservation
Water 0jaky Regions[ Operatm sector,
943 WashkVton Square Mao, Wast i ton, Norte Camrna 27889
NOW 2524"811 FAX 252 -975 -3716
An£gaA % Affimus" ksm Em&yw Hf of sbLf e!cz!Dbn Tdboof s
Page 3 of 3
* ** *You are encouraged to secure a consultant to assist you with your plan development and Variance
application necessary to achieve compliance. * * **
Thank you for your attention to this matter. This office requires that the violations as described above
be properly resolved. Unresolved violations may lead to the issuance of a Notice of Violation and /or
assessments of civil penalties.
If you have any questions or require any additional information, please contact Anthony Scarbraugh at
(252) 948 -3924 or me at (252) 948 -3939.
Sincerely, ,
a6:5�/
David May, P.G.
Regional Sup ery
Washington Regional office
cc: WaRO Files
Shelton Sullivan -401& Buffer Permitting Unit
Steve Trowell, DCM Washington
Hf of sbLf e!cz!Dbn Tdboof s
3K1831F�Goa
FOR REGISTRATION REGISTER OF DEEDS
Jennifer Leggett Whit ehurst
Beaufort County, NC
October 17, 2013 03:04:41 PM
Book 1831 Page 4 -5
FEE: $26.00
INSTRUMENT # 2013005915
BLAINORT COCnQTit LUM RECORDS 111111111111 11111111111111111111111111111111
P<10-ROUTING FORM �,.r�. 2M
slit Land Records Official Date
X40 W- NORTH CAROLINA DEED
Prepared by: Gary Berman, atty.
Return to: Grantee
Excise tax: $0.00
Parcel ID's: 7610 -65 -6299 and 7610 -65 -6332
Grantor's mailing address: 1205 Kinsdale Drive, Raleigh, NC 27615
Grantee's mailing address: 1205 Kinsdale Drive, Raleigh, NC 27615
Property address: 734 Old Pamlico Beach Road, Belhaven, NC 27810
The property conveyed by this deed is not the primary residence of the Grantor.
THIS DEED, dated September 27, 2013, is from—
GRANTOR: New Vision Partners, LLC, a North Carolina limited liability
company
to
GRANTEE: Mohamed Ali Darar and wife, Reem T. Darar
The designations Grantor and Grantee as used herein shall include said parties and
their heirs, successors, and assigns, and shall include singular, plural, masculine,
feminine, or neuter as required by context.
�K1831'c005
The Grantor hereby grants and conveys to the Grantee, in fee simple, all of the
following- described real estate located in Beaufort County, North Carolina, and more
particularly described as follows:
Lying south of NCSR 1730, and BEING (a) all of Tract I and Tract II as
described in a deed from Mary A. McDonald, which deed was filed for
recording on December 21, 2012, in Book 1803, page 530, Beaufort County
Registry, and (b) all of the parcel described in the deed recorded in Book
1803, page 535, and in the deed recorded in Book 1269, page 329, Beaufort
County Registry.
Notwithstanding any errors in said deeds, in other deeds, and /or in the plat
that is recorded in Plat Cabinet 29F -6, Beaufort County Registry, the
Grantor intends, by this instrument, to convey to the Grantee all of the
property conveyed to the Grantor by deed recorded on September 27, 2013
in Book 1829, page 278, Beaufort County Registry.
This instrument shall be construed so as to achieve the Grantor's said intent.
TO HAVE AND TO HOLD the aforesaid real estate and all privileges,
improvements, and appurtenances thereto in fee simple.
IN WITNESS WHEREOF, the Grantor has executed and sealed this deed.
NEW VISION PARTNERS, LLC
Ivr�Z7�L: % /1✓'l %' f`rC9 -_ SEAL
by: Mohamed Ali Darar, member - manager
STATE OF NORTH CAROLINA, COUNTY OF DURHAM
I, Gary K. Berman, a notary public for the aforesaid state and county, hereby
certify that Mohamed Ali Darar personally came before me this day and acknowledged
that he is a member - manager of New Vision Partners, LLC, a North Carolina limited
liability company, and that by authority duly given and as an act of said limited liability
company,.I �e- 4m-s -i gned the foregoing instrument in its name and on its b0a)f as its act
and dlp hand and notarial stamp or seal, this 'day of ~z�(,
2013,��
' co
0,,
�Z1 I ,6 P4:
Notary Public
My coax issioep es:
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ConnectGl S Feature Report Page 1 of 2
http- Hbeaufort. connectgis .com /DownloadFile.ashx ?i= ags map62f97e90bc1243c9a61e52ff... 7/8/2014
ConnectG1 S Feature Report
OBJECTI D
PIN
GPI N
42852
07027617
7610 -65 -6332
GPIN LONG
OWNER NAME
OWN ER NAM E2
7610 -65 -6332
DARAR M OHAM ED ALI
DARAR REEM T
MAILINGADDRESS
MAILINGADDRESS2
CITY
TOT VAL
1205 KIN SDALEDRIVE
RALEIGH
STATE
ZIP
PROPERTY ADDRESS
NC
A f1o=o
27615
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NBR BLDG
DATE
DEED BOOK and PAGE
5
10/17/2013
1831/0004
LAND VAL
BLDG VAL
DEFR VAL
125511
74311
0
TOT VAL
NBHD CDE
NBHD DESC
199822
AW
AVERAGE WATER
SUB CDE
SUB DESC
STA M PS
SALE PRICE ZON E LAND USE
DISTRICT
PROP DESC
MBL
7
1 LOT #48 PAM LI CO BEACH
76100224
EX EM PT AM T
ROAD TYPE
YR BUILT
P
1940
SQ FT
NBR BED
NBR BATHS
1772
3
2
EFF YR
EXEMPT PROP
CENSUS BLOCK
1973
FLOOD PLAIN
PREV ASSESS
N BR STORIES
199822
1
NBR HALF BATHS
0
Page 2 of 2
Beaufort County online map access is provided as a public service, as is, as available and without warranties, expressed or implied. Content published on this website is fo
nformational purposes only and is not intended to constitute a legal record nor should it be substituted for the advice or services of industry professionals. The County o
Beaufort and the Website Provider disclaim all responsibility and legal liability for the content published on this website. The user agrees that Beaufort County and it
4ssigns shall be held harmless from all actions, claims, damages or judgments arising out of the use of County data.
httpJ/ beaufort. connectgis .com /DownloadFile.ashx ?i= ags map62f97e90bc1243c9a61e52ff... 7/8/2014
i • - '� � ,,,,�,� � fir. �
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Go3glc earth feet 40
meters 10
2011 Aerial Image of Pre - existing home
and structures within the buffer.
Wood Duck Land Surveying, PC
CCU
A
August 26, 2014
Bryant E. Hardison, Jr. PLS
42 South Teach's Point Road
Bath, NC 27808
PLS NC L -2889
Corp.# C -3774
Re.: Lot at Pamlico Beach
Owner: Reem Darar, Raleigh, NC
Blue flags = zone 1 of Pam -Tar buffer, yellow flags = zone 2 of Pam -Tar buffer from NWL
View looking east
• Page 2
_ ►I
i
L
Yellow flags = 50' Pam -Tar buffer view looking south
August 26, 2014
Blue flags= 30' Pam -Tar buffer view looking west
• Page 3 August 26, 2014
Blue flags = 30' Pam -Tar buffer and yellow flags = 50' Pam -Tar buffer
View looking north on west side of house
concrete pad shows on the old survey as existing
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Legend
NAD 83(2001) NCSPC
Pamlico 1776 N = 605,461.29
Beach E = 2,716,447.16
�
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right -of- -way
N
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EoP Edge of Pavement
1730
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adjoiner lines
tie down lines
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gi Y Y Y
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bulkhead
111/222 Deed Book / Page
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❑ NC Grid Geodetic monument
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=
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A, Ex.RRS Existing railroad spike
o S.Mag. Magnetic nail
o� z°
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( 5" below grade) `
o Ex. Nail Existing Nail, RR spike Surveyor's Notes w
SIP Set Iron Pipe ( 1" galvanized) U z
Location Sketch
Ex.Rod - 1/4" dia.�
4" below
`
\
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/K NPS No Point Set
Ex.Re -bar Existing Re -bar
❑ Con.Mon. Concrete Monument
O Ex.Axle Existing Iron Axle
a
*All distances are horizontal ground, unless noted.
*Area by coordinate computations.
( grade)
s2o \ jN
2�1 Y�
® S.wd.stk. Set wood stake 1" x 1"
Normal Water Level
Pam -Tar Buffer was measured from outside edge
bulkhead.
6",
of
of
/
�
1�
*No other encroachments were found by ground
evidence, or reflective from deed descriptions.
\
beo�y) 60 0
*Subject to all easements, zoning regulations, or
restrictive covenants of record.
Lp
\ Ex.IP - 1.25" dia. �\
��
*Right -of -Way information from recorded deeds
and maps and existing occupation.
(5" below grade) j `
*Area summary : 0.281 +/-total acres.
Total of Zone 1 Pam -Tar buffer — 5, 133.26 sq. ft.
►`
\ s e.n
\
*No title search provided to the surveyor, and
would be subject to easements and restrictions that
be from
deck = 355.22
J v "
S�20 \
might revealed said search.
*NC 2000'
sq.ft.
3 ° °
geodetic control within of property as
addition = 339.04 sq.ft.
house = 98.43
�,
° -� I>
\ �6�
*Reflects current occupations at the time of survey.
*This is an existing parcel of land.
orig. sq.ft.
con. pad = 30.83 sq.ft.
° °,
*Purpose Purpose of this survey is for the location of
boundary descriptions on the ground for resolve of
��' ��1�
\
\
Pam -Tar buffer dispute.
con.pad under addition = 71.66 sq.ft.
Q
Total of Zone 2 Pam -Tar buffer = 2,599.04 sq.ft.
�
,��
mot' S.wdstk. - " x 1" \
� (32" above
0.281 Ac. 29051'01"W e) �
w v
o~ S
\
deck = 0.00 sq.ft.
c� A
12,246.95 sq. ft. S.wd.stk. -1 x ' 13.84
�� ( 32" above grade r ) -
A
�rn�?a
rso�
addition = 3.76 sq.ft.
orig. house = 986.88 sq.ft.
con. pad = 61.98 sq.ft.
A
con.pad under house = 105.20 sq.ft.
'N?.)
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goal jl
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S.wd.stk. - l" x 1"
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( 32" above grade)
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14.00' (bulkhead cap)
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23.25'
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W 47.46'
� ?
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- � '.�
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existing npra
I, Bryant E. Hardison, Jr., Professional Land Surveyor,
� � �
� � � �
certify to the following:
a. That the survey creates a subdivision of land within the
area of a county or municipality that has an ordinance that
Pamlico River
regulates parcels of land.
l ver
b. That the survey is located in a portion of a county or
municipality that is unregulated as to an ordinance that
regulates parcels of land.
c. That the survey is of an existing parcel of land.
d. That the survey is of another category, such as
recombination of existing parcels, a court- ordered survey,
Revised: 12 / 20 / 2014 - NWL to bulkhead, concrete pad under house
or exception to the definition of subdivisions.
e. That the information to the surveyor is such that the
Wood Duck Land Surveying, PC
surveyor is unable to make a determination to the best of
Bryant E. Hardison, Jr. PLS NC L -2889, C -3774
his professional ability as to provisions contained in (a)
1, Bryant E. Hardison, Jr., certify that this plat was drawn under
42 Soth Teach's Point, Bath, NC 27808
through (d) above.
my supervision from an actual survey under my supervision
Boundary"nd Buffer location
(reference deed used is in Book 1831, Page 004 ); that the
boundaries not surveyed are clearly indicated as drawn, that the
Mohamed All Darar
Bryant E. Hardison, Jr. PLS L -2889
ratio of precision as calculated by latitudes and departures is 1:
22,731 +, that this plat was prepared in accordance with G. S.
and Wife, Reem T. Darar
47 -30 as amended. Witness my original signature, license
number and seal, this day of 2014.
Bath Township, Beaufort County, North Carolina
0 20 40 60 80
Date Surveyed: 8 / 14 / 2014 Date Drawn: 10 / 20 / 2014
Bryant E. Hardison, Jr. PLS L -2889
By :Bryant E. Hardison, Jr. PLS By :Bryant E. Hardison, Jr. PLS
PLS #: L -2889, C -3774 Scale: one inch = twenty feet
Graphic Scale: 1” = 20'
Field Book: # 069, crd.: 2014_110 Deeds and Maps: 1931 / 004; PC F / 29 -6;
File: Darar_Reem\2014_110 1803 / 533; 1399 / 445; MB 2 / 6; Torrins
Tract # : 2014_110, C & G vers. 9.0.1 13 / 550;