20080908 Ver 1_Major Variance_20080603

i
OFFICE USE ONLY: Date Received Request # ___
State of North Carolina
Department of Environment and Natural Resources • Q 8 0 9 0 8
Division of Water Quality
"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)
? 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 ® [R ?!
(Please include attachments if the room provided is insufficient.) 0
1. Applicant's name (the corporation, individual, etc who owns the property) JUN 3 2008
r
--- - -WATER QUAUTY -DE WETLANDS AND STORMWATER BRANCH
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name:
Title:
Street address:
?i.'1
City, State, Zip _..!C..i???'1 ?- S?.?W , __.L---.. ___?..?__?J _,_.________r._.__..__._..____.____.,____.
Telephone: -dv5a a_14- q- 2-2--9,.-L --- 0
Fax:
3. Contact person who can answer questions about the proposed project:
Name:
Telephone:
?_Lt -.-._._Q._._.___ _.._ _.__._ ..._.._.. ..__.
Fax: _
Email: 0,m
rob.e.r.__C_..
?..<.!r?.n..._ ._ y
"General" Variance Application Form
Version 1: May 2001
i
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
---------------- ---- --- -----
5. Project Location:
7 O l
Street address:
City, State, Zip:
County: - - - -???
Latitude/longitude: -__- __--..--j_ck_J
° oil t9

u.a'_a1'W
6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the portion
of the USGS topog aphic map indicating the location of the
site)- 52Z. v\ CL S
7. Stream to be impacted by the proposed activity:
Stream name for unnamed streams label as "UT" to the nearest named stream):
<=c-?m_? -rRhG?1__-_??..L' H'_?! '?-`'`? ?____?y-ecc?6use. Cv'eck
AZ C, Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B O v1
.0315 (Neuse) or.0316 __..____._-?_ S1 oh
C A A Ss tv S W] - A+6- hM ev% 4 i
8. Which of the following permits/approvals will be require or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
? -[eVV1 is
On-site Wastewater Permit ,5y5
Active Connection to Sanitary Sewer System ic1s4 q Ue c?
NPDES Permit (including stormwater)r
Non-discharge Permit
Water Supply Watershed Variance 9 4 7
Others (specify) -
_,_- - __ __ _ _ C q4CLcJAmei1t2_) 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
"General" Variance Application Form, page 2
Version 1: May 2001
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 W.:
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 enhancementiof existing vegetation, etc.):
k 3y)
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
''RnnulIj /
iwt SAM 19?P- e% v,,, 4k i c 7nvrn.I 1A- . C-L r -r'\YXA-,-%1 I . i .,-,+L, 7)-o Ao-v-Q4ld Y1
lout l 1(2k t350 ` `
C? 5q f-+ l7c?se I. 1' q t ?F` K t 0 rc?
(2) How these difficulties ot? hardships resultdm conditions that ar?unique to
involved.
Part 3: Deed Restrictions
_hmen+
Bch i? jv5-E over
property Y\/\,l A ; M L) W1
PepM? {{mod .
We- rnv s-&-
also hov)ov-
Se+ backs
frOvY1 S-?-t^e?-
Ter
??a?ror4-?dv1_

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
(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.
1
Fax:
Email:
Part 5: Applicant's Certification
I, ?_-. Y1ne.__eY'2 ?1 ?_._ (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:
?r :a 05
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"General" Variance Application Form, page 4
Version 1: May 2001
VEUSE RIVER BASIN

Subbasin Su-c:un Index'!umbel. N1;11) Number
?.s
Clays
L:IIi1C O($ICC:iill
8
2 H33NE3
W
SA, °W, NS
N EU14 -
27-149-4-
Coose Bay 27-5-1 C=3SE7
` WS --V v
Coose Creek NEUC1
27-107-(1) C31NE7 C;Sw,NSW
Goose Creek NEUlC 27-107-(6) C31S[ti3 SC;Sw,NSW
coos=- Creek NEU1 C 27-107-(11) C31Siri6 SB;SW,NSW
Coose Creek DTEU1C
27-97-5-3-C.5
F30NW5 C; "',"NSW
Corham Swamp NEUG9 27-1Ci-25 C3CSW-l C;Sw,NSW
Coshes Brar.ch NEU11
27-96-11-8 E27SE3 C;Sw,NSW
Coss Swamp NEU07 ,
27-85-14-1-1 F27NW1 C;Sw,NS[d
Grarry Branch NEU07
27-125-5 C31SE9 SC; NSW
Granny Cut NEU1C 27-90-1 C29NES C;Sw,NSTq
Crape Creek NEUCB 27-BG-1-
27-80-1-1- C29S"N1
Cray Brar^h NEUCS 27-1Ci-4C-3 H31NW1 4 C;Sw,NS[•I
Great Branch NEUlG
27-101-5-1-1 C28SW6 C;Sw,NSW
Great Branch (Crape Branch) EU11
PI
27-149-4-2-9 H33NE3 SA;cRTi,NSW
Creat DitC'.z EUiq
I4 27-126 H32NW4 SA;HQN,NSW
Great Neck Cre=k N EUl C
27-149-4-1 H33NE2 SA;OR9;,NSW
Creat Pord NEU14
27-149-4-2-1
C33SE9 SA;ORW,NSW
Creat Pord NEi714 27-85-9-3 E26SE5 C;Sw,NSW
Great Swamp NEUC7 27-64 F27SW5 C;NSW
NEUC S SA;HQW,NSW
Creer- Brar.ch NEU1G 27-141-11 C32SE1
Greer Creek
27-14B-6 H33NE1 SA;HQW,NS[ti
Creer. Point Cove NEUl4 27-129-(1) C32SW7 SC;NSW
Creers Creek N EU 10 27-129-(2) C32SW7 SC;HQ',ti,NS'n'

Creek (Oriei,ta- Restricted Area) 1C
NEU
C3CNW2
C;Sw,NSW
Greens NEUCS 27-93
Creers Thorougi7tare
5
7-87 F29SE1 C;Sar,Nsli,
Crir.ne- Creek NEUCB .
27-87 F29SW3 C;Sw,NSW
Crime- S._ough DiEUC9
NEUCS 27-77-2-2 F27SE=, C;Sw,^'. St^;
Crour-drat. Creek
27-43-15-1C-2 E24NW9 C; NSW
Cuify Bra'-cif EUC3
IQ 123-3
2 H31NE9 SA;HQW,NS'A
I C
DIEU 7-
Cu_der. Creek 27-117 H31NE5 SC;Sw,NSW

Cum Branch NEU1C
27-45-11
F25N[91 SW
C;N

Cum Swamp NEUC4
27-84-1-1
C29NW1
C;Sw,DIS[4
Gum Swamp NEUCS 27-97-1 E29SW5 C;Sw,NSW
Cum Swami NEUCS 27-101-4r;-2-1 H31NW7 G; sv,, NSW
Cunt Swamp (Lorq Lake) NEU1C 27-77-3 F28S[^i5 C;S.a,NSe;'
Gum Swamp Creek NEUCS C32SE4 SA;HQW),NSW
D1EU1C 27-140
Cum Trici:et Creek
27-33-7 D23SE3 C;NSW
Ha-eys Branch NEUG2 5
27-54 F26NE7 IN S--VSW
Ha_fmi-e Branch NEU12 .
27-98 F29SE4 C; Sw, NS[,;
Ha-imoor Creek NEUCB
27-85-24-1 F2BSE1 C;Sw,NSW
Ha--am B:rar_Ch NEUC7
i
27-36-14-3- F27NE5 C;S`rr,NSW
Hams Prorq DiEU07 27-115 H31SE1 SC;Sw,NSw
Hancock Creek NEU1C
27'52-6 F24NE9 C;NSPT
Harrah Creek NEUC4 27-45-8 F24NE4 C;NSW
Hardee Mi-_ Branch P1EUC4 27-135-18 .
H32NE1
SA;HQW,NSW
Hardy Creek NEU1 0 C27NE2 WS-_V;PISPI

Hardy >7i_- Rur (Hardy Mi-- Pord) NEUGS 27-71
,2,
D24S'A2
C;NSIN
NEU02 t
27-33-12-i
Hare St.ipe Creek 27-33-12-(1) D24NW8 B;NSW
pe Creek (Lake Lyrr)
i
Hare Sr NEU02 H31SE3 SA;HQW,NSW
.
. ?0
N EL _ 27-123-1
Har-O?ee Cana_ NEU13 27-150-1C C32NWS SA;HQW,NSW
Harper Creek 27-150-28-7 C32NE4 SA;HQW,NSW

Harper Creek NEU13
150-21
C32N[46
SA;HQW,NSW
NEU13 27-
Harris Creek
page 8 of 22
c`,4Cx ck Me r) + 2
PAMLICO COUNTY ON-SITE WASTEWATER SYSTEM OPERATION PEIMT
Owner: s Permit Number: Contraetor/Installer: • ,
Pro e M Number: - Wastewater System e:
S tic Tank Initiate Distribution Box Initia0ate Other InitiaVDate
MaYwfachured Distribution Box System Setbacks
State ID#_??- o Pressure Manifold Legal Documents
Capacity (gal) voo Z Turn-Up Maintenance Entity/Operator
E$luent Filter Supply Lines Electrical Inspection
Pu Thnk Ln tiaUDate Nitri anon Lines Initial/Date Authorization to Construct
p
ZZ
/
Manufactured Width 3 Installation Fee -- ecei t # L
State ID# Length 3 Cond;'tions
Capacity (gal) Spacing . G. This septic system is permlaed for gallons.1day. Final
Riser Trench Grade approval of this system shall indicate that it was installed in
Sealent Gravel TyPjSize Y accordance WA all app" k laws, rules, & permit condhioms
Electrical Enclosure Grave Authorized A ent: '
Pum Initiate l aY/Date Date:
Check Valve Pressuretater Site Dra ing as installed
On-Off-Alarm Floats Hole *sring j IMPROVEMENT PERMIT
Owner:James A
H
t

Electrical Components
Hole Sine .
or
on
= P° am,-
??°??
Rate (GPM) Turn U s ' ntectors 7-7
°P
lbianufacturer Mounded stems ' Initial/Date
Pump Model #

Mound Height
w;site
Rd.
Initial Site Twe
s -T.nn n.Gn-- = (I 5.
Y.,.In:C.nV.1.bn.I P.rtursea DI
. hw h II

Pum oval

Mound Length-Width V
I I FT
T M
^ -I ?+nc. Rp.K3Pp5aFT):.5 Trane! SwonG (OC):9 FT
T ob T-.?a? ?,?o
9egb Tm! Vdume.tOOp OFL

Fill Material Trc/IC17 ?1o-}?Dm ?uirw.,lr ???`.
_
** For AU stems: ls, aJ
A minimum of 6" of cover is required over entire system area.
• The owner/controller of residence is res onsible for maintaining system az
p a which

includes landscaping, traffic control, and routine or scheduled Septic T cleaning/
t lg

?
-
al"'ahf/ we/lPlaeeme.?
?/U1?Gs Jr0 ?/YJ//i•
syyf m?rryar/ a/cq

G cN m e,n+ 4
DECLARATION OF RESTRICTIONS U.5 L0 UL 11
OF FILED
PAMLICO COUNTY NC
11121197 10:51 AN
FAIRWINDS SUBDIVISION JOYCE E. CARAHAN
Register Of Do.&
KNOW ALL MEN BY THESE PRESENTSr that JAMES ARLEN HORTON
and wife, FRANCES W. HORTON, of Clarkson, Pennsylvania,
hereinafter called "Declarants", do hereby covenant and agree to
and with all other persons,-firms or corporations now owning or
hereafter acquiring as owners any lot or parcel of land in the
area designated or located in or near the Town of Oriental,
Pamlico County, North Carolina, known as Lots 1 through 15, as
shown on the map entitled PLAN OF FAIRWINDS SUBDIVISION, dated
July 13, 1987, and recorded in Plat Cabinet A, Slide 104-2 , of
the Pamlico County Registry; said lots are hereby subject to the
following covenants and restrictions and to the use thereof,
running with the land by whomsoever owned:
1. These covenants are to run with the land and :shall
be binding on all parties and persons claiming under them until
January 1, 2007, at which time said covenants shall be
automatically extended for successive periods of ten years unless
by vote of a majority of the then owners of the lots, it is
agreed to change said covenants in whole or in part.
2. If the parties hereto or any of them or their
heirs, successors, or assigns, shall violate or attempt to
violate any of the covenants herein, it shall be lawful for any
other person or persons owning any real property situated in said
development or subdivision to prosecute any proceeding at law or
in equity against the person or persons violating or attempting
to violate any such covenants and either to prevent him or them
from so doing or to recover damages or other dues for such
violation except the party of the first part is specifically
excluded from any liability for damages.
3. Invalidation of any one of these covenants by
judgment or court order shall in no way affect any other of the
4b provisions which shall remain in full force and effect.
4. No residential structures shall be erected, placed
or permitted to remain on any residential lot other than one
detached single family dwelling and other outbuildings incidental
to the residential or personal boating use of the plot
o?
? (including, but not limited to, boathouse, pier or dock). Said
residential structure shall have a minimum floor area of 1,500
``' square feet of which 150 feet may be a porch or deck. No
PREPARED DYW residence shall be started on any of the above-described :Lots
JLLOWELL 61'IOLL.OWELL until the plans of such structure and the plot plan showing the
ATTORNEYS AT LAW
BAYDORO. N. C. location of such structure has been approved by Declarants, their
2tl615 _

successors, heirs, assigns or designees. Such approval must ,ate
• in writing. Declarants shall alsgoahave thegiight to approve any
outbuildings or structures. 0328 0272
5. No building shall be located on any residential
building plot nearer than ten (10) feet from the adjacent lot
line and no building shall be located on any plot nearer than
thirty (30) feet from any adjoining street right-of-way.
6. None of the platted lots shall be reduced in size
by a subsequent purchaser in any manner except where they are
incorporated into other lots which would constitute an increase
in the overall size of the lot rather than a decrease in such
size.
7. Drainage and utility easements are reserved along
all lot lines ten (10) feet on each side where required by
Declarants. Drainage must be installed in a manner so as not to
unnecessarily detract from value and appearance of the property.
8. A homeowner's association shall be formed by the
lot owners in the subdivision. It may be a corporated or a non-
incorporated association, whichever is determined by a majority
vote of the members. It is intended that there be one vote per
lot regardless of the number of persons owning a particular lot.
A Board of Directors shall be elected by said association
consisting of five members. If at any time the association
becomes dissatisfied with such Board, then it may call for a vote
and elect a new Board to serve for a period of three years until
their successors are elected. The Board of Directors shall have
the following duties and powers:
(a) Approve boathouse, dock and pier plans and their
location.
(b) Approve any new boat slips.
(c) Cut weeds, remove rubbish, trash, debris or other
undesirable matter in order to protect the safety and health of
adjoining property owners, after notice to lot owner and charge
the cost,thereof to such lot owner.
(d) To control and regulate boat speeds and type of
operation.
(e) To approve or disapprove any camping trailers
located on said property on a temporary basis.
(d) To control and enforce said control on minibikes,
motorcycles and other motorized vehicles that in their discretion
become a public nuisance.
9. All individual purchasers from and after this date
shall be required to keep their respective lots free and clear of
weeds, rubbish, trash, debris, and other matter. This is not to
PFWPAXED HY prevent any lot owner from leaving his lot in which is known as -
71-40WHI.L G N)ULGWELL "natural habitat". The Board of Directors shall have the right
ATTORNEYS AT LAW
DAYB to allow or disallow plans for "natural habitat" planning.
HAY8pR0, N. C.
28615
Book Page
0323 0273
10. No noxious or offensive trade or activity shall be
carried on upon any lot nor shall anything be done thereon which
may be or become an annoyance or nuisance to the neighborhood.
11. No trailer, tent, shack, garage, barn or other
outbuilding erected on a Lot shall at any time be used as a
residence temporarily or permanently nor shall any structure of a
temporary character be used as a residence except as enumerated
in Paragraph 8; the Board of Directors does have authority to
approve camping trailers on a temporary basis.
12. No signs, fences, or any structures which would
own orsshall be
detract or lessen the aesthetic view of any
of Directors.
erected without the approval of the Board
13. All dwellings, garages and incidental outbuildings
erected or placed on any lot of the subdivision shall be
uality and-appearance and
constructed of material of good grade, q
all construction shall be performed in a good and workmanlike
manner.
14. No mobile home, trailer, camper, tent, or
temporary house, temporary garage or other temporary outbuilding
shall be placed or erected other than temporary structures for
storage of materials during construction. No such temporary
structure shall be used at any time as a residence.
15. Any dwelling or improvement which is destroyed in
whole or in part by fire or other casualty must be rebuilt or all
debris removed and the lot restored to a sightly condition with
reasonable promptness. In no event shall such debris remain
longer than three (3) months.
16. No stripped, partially wrecked or junked motor
vehicle, or part thereof, shall be permitted.
17. All fuel storage tanks, outdoor receptacles for
ashes, trash, rubbish or garbage, shall be screened or so placed
and kept so as not to be visible from any road, creek or
adjoining property.
18. All outdoor clothes lines and similar equipment
shall be screened or so placed as not to be visible from any road
or waterway.
19. No sign, billboard or other advertising structure
may be erected other than construction identification signs
during the period of any construction, and a single "For Sale"
sign not to exceed thirty-six (36) inches in any dimensi.on._
20. No livestock or poultry of any kind shall. be
raised, bred or kept, except that dogs, cats or other household
pets in a reasonable number may be kept provided that they are
not kept, bred or maintained for any commercial purpose.
21. No noxious, offensive or illegal trade or activity

PREPARED 13V
oLLOWELL&"OLLOWELL shall be carried on upon this land.
ATTORNEYS AT LAW
BAYBORO- N. c.
22. Television antennas shall be constructea Lu a
maximum height of ten feet above the roof's hig estt in ucted of
Satellite dishes are allowed provided they are cons
that
black mesh and located in the rear of the lot; rear being
portion opposite the street.
23. Responsibility for maintaining streets, drainage
culverts, ditches,
and the subdivision sign, shall be the joint shal obligation of all owners of lots. Such felotssshown on thelmap
t
shared proportionately with the owners o
which is hereinabove referred to. In addition, all lot owners
agree that their proportional share of the said maintenance costs
shall constitute an assessment against said owner's lot of lots
and if unpaid for a period of over thirty (30) days,
constitute a lien on said lot or lots 4enforceable
of r the North e Carolina with
44
the Clerk of Superior Court, Chapter
General Statutes as amended. The ling( for unpaid assessments
shall also secure reasonable attorney's fees
deed
enforcing said lien. This lien shall be_subordi.
of trust which shall be a line on said lot or rolots.
or any party
24. The Declarant or any property
proceed at law or
to whose benefit these Restrictions inure may p
in equity to prevent the occurrence, continuation or violation of
any of these Restrictions and the Court in any such action may
award the successful party reasonable expenses in prosecuting
such action, including attorney's fees.
The remedies hereby specified are cumulative, and
this specification of them shall not be taken to preclude an
aggrieved party's resort to any other remedy at law, in equity,
or under any statute. No delay or failure ag?ieved party to invoke
Declarants or any property owner or any
an available remedy in respect of a violation of any of the
Restrictions shall be held to be a waiver by that party of (or an
estoppel of that party to assert) any right available to him upon
the recurrence or continuation of said violation or the
occurrence of a different violation.
25. The grantee of any lot subject to the coverage of
this Declaration, by acceptance of a deed conveying tittle
thereto, or the execution of a contract for the purchase thereof,
a? shall
whether from Declarants or a sub?e and subject o each andlot,
°f
accept such deed of contract upo
these Restrictions and the agreements herein contained., and also
the jurisdiction, rights and powers of Declarants, and by such
acceptance shall for himself, his heirs, personal represen-
tatives, successors and assigns, covenant, consent and agree to
and with Declarants, and to and with the grantees and subsequent
,«owELt a ?aoliawelt. owners of each of the lots within the Subdivision to keep,
ATTOP"VS AT LAW observe, comply with and perform said Restrictions and agreement.
9AYBOMO. ". C.
215515
Book Page
0328 0277
b) Until all lots in the subdivision are sold all,
decisions in respect to maintaining the streets shall be made by
the Developers.
IN TESTIMONY WHEREOF, the said Developers have
hereunto set their hands and adopted as their seals the
typewritten word "SEAL" appearing beside each name, the day and
year first above written.
(SEAL)
)Za-m-es Arlen Horton
?iC6i?'Cy ???(SEAL )
Frances W. Horton
4.
i
NORTH CAROLINA
PAMLICO COUNTY
Notary Publ
NOTARIAL SEAL
ROBERT CARNEVALE, Notary Public
Lancaster, Lancaster County
M Commission Expires Nov. 24,1997
The foregoing certificate of 4?z/?
a Notary Public in and for G'4 is
certified to be correct.
AV,Zgi&tr oBY:
Assistant Register of Deeds
STATE OF /P
COUNTY OF LIWd4F??
I 641eN/v4L1 , a Notary Public in
and for said county and state,.certify that JAMES ARLEN HORTON
and wife, FRANCES W. HORTON, each personally appeared before ME!
this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official seal/stamp, this ! ? day
I.!/-.of November, 1997.
commission expires:

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FAIR WINDS SUBDIVISION
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A ROR
4M£S TON
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