20060773 Ver 1_COMPLETE FILE_20060509

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 15, 2006
DWQ Project # 06-0773.
Pamlico County
Paul Silva -
7734 Uliva Way
Sarasota, FL 34238-4799
CERTIFIED MAIL: #7005
1820 0003 6594 8655
Subject Property: 78 Morningside Dr. South, Shine Landing Lot# 9
Arapahoe, NC
Neuse River Basin
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233 (9)(b)]
Dear Mr. Silva:
You have our approval, in accordance with the conditions listed below, to impact 810 square
feet (fe) of Zone 2 of the protected buffers to construct a dwelling on the subject property as
described within your variance request received by the Division of Water Quality (DWQ) on
May 9, 2006. These impacts must be in accordance with the plat plan submitted with your
application. This letter shall act as your Minor Variance approval as described within 15A
NCAC 2B .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with
any other required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control and Division of Coastal Management
regulations.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner(s) must be given a copy of this variance approval and plat
plan and is thereby responsible for complying with all conditions. This approval requires
you to follow any conditions listed below.
L2 1
?d
JUN 1 2006
i"Y
North Carolina Division of Water Quality Internet www.ncwaterqualitv.ore
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NOrthCarollna
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper Aatura!!oy
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 .0233)
shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ.
No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ.
2. Buffer Mitigation (EEP)
Option 1:
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for impacts to the protected riparian buffers is 1215 square feet
as required under this variance approval and 15A NCAC 2B .0233. You have the option to make
a payment into the Riparian Buffer Restoration Fund administered by the NC Ecological
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by
the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A
NCAC 2B .0233, this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2B .0233(9)(i)(C). Until the EEP receives and clears your check (made payable to:
DENR -Ecological Enhancement Program Office), no impacts specified in this variance
approval shall occur. The EEP should be contacted at [phone] if you have any questions
concerning payment into the EEP.
For accounting purposes, this variance approval authorizes payment into the Riparian
Buffer Restoration Fund to compensate for 1215 fe of required riparian buffer mitigation
for impacts to 810 fe of protected riparian buffers; 03-04-10, 27-122-(6) river and
subbasin."
Option 2:
The DWQ will accept an alternative method of mitigation (including but not limited to Buffer
Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0233) to
satisfy this mitigation requirement. If you choose to pursue this option, then you are required to
submit in writing a mitigation plan to the DWQ Wetlands/401 Unit/ Washington Regional Office
for review and approval. This plan should include a proposal to plant native species of hardwood
trees with in the riparian buffer area. For more information, please contact this office. No
impacts shall occur to the protected buffers until the mitigation plan is approved by the
DWQ.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging
into the stream as identified within 15A NCAC 2B .0233(5).
4. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If
you do not accept any of the conditions of this approval, you may ask for and adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This Minor Variance Approval shall expire five (5) years from the date of this letter..
This letter completes the review of the Division of Water Quality under the Neuse River
Riparian Buffer Protection Rules [15A NCAC 2B.0233(9)(b)]. Please call Kyle Barnes at 252-
948-3917 if you have any questions or require copies of our rules or procedural materials.
Sincerely,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Project Plan
cc: DWQ WaRO Regional Office
DWQ Central Office, Cyndi Karoly
Central Files
Pamlico Co; Dept. of Building Inspections
CAMA /Morehead Office
DWQ Project No.:
Applicant:
Project Name: _
Date of Issuance of Isolated Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I, ' , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Certification of Completion
County:
Signature: Registration No. Date
ADDRE55: 78 Morning Side Drive South
CURVE TABLE
CURVE LENGTH RADIUS v
LEGEND: C25 36.73' 50.00' -?i
R/W = RIGHT OF WAY D
CL = CENTER LINE m
SQ.FT. = SQUARE FEET IZn Z
Cl = CURVE NUMBER -IA
L1 LINE NUMBER D
MBL = MINIMUM BUILDING LINE N
D&UE DRAINAGE & UTILITY EASEMENT v rn
1®= STREET ADDRESS PRELIMINARY PLAT -;o
22 LOT NUMBER NOT FOR RECORDING, 1 r
CONVEYANCES, OR SALES "`n
51TE
VICINITY MAP
0.66 Acres U%?r 2
4 4
1 Co

r \ S\
ss h

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/

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14 No

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31
10 /Zf
`223.20' - J ' 'yet \
15 M L? ? ? ? 16 ? ?10 w ?J 22,436 SF #il 0 to
) 28,260 SF m'm ) 0.52 Acres
00 (p a.
\ 0.65 Acres In •- - - °t
gyp. ?I I N40'20'21 "E 31.06'
10' MBL -
J N89' 28'49"E
150.03'---
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48,
g
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21,780 SF
0.50 Acres J W ( ?`L
mom.
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rn
115,957 SF
LOT NO.

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V
G

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C26 / 20'
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50' VB

9 SUBDIVISION: FINAL PLAN OF SHINE LANDING. PAMLICO CO. REGISTRY
NUMBEP, FIVE TOWNSHIP PAMLICO COUNTY NORTH CAROLINA
PRELIMINARY PLOT PLAN FOR:
DATE: 04/09/2003
COASTAL MARKETING ?- DEVELEPMENT CO.
JOB NO.
SUITT & ASSOCIATES, P.A.
J LAND SURVEYORS SINCE 1965
P.O. BOX 12034
NEW BERN, NC 26561-2034
TEL. [phone]
FAX: [phone]
EMAIL: [e-mail]
262 1-09 FIELD BOOK -/-
GRAPHIC SCALE
60' 0' 30' 60' 120'
( IN US SURVEY FEET )
1 inch = 60 fL
0;.
/
OFFICE I IRE ONI Y- data Raceiveri Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form - for Minor
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original.
@L
.JU 1 9 2006
DENR - VOTER QUALIP
Please identify which Riparian Area (Buffer) Protection Rule appliesyElur,DSa,Dsrc?=AwATEiiBF
'Veuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 0213.0259)
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B.0243)
2
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
`5 LIVER@
MAY 9 ?oQ6
DENT;, WATER QUAD .i I
1. Applic is name (the corporation, individual, etc. who owns the property) MTMOMv;Sr'4' 4WAT1:R Qq,,F,j
Ru f Si L v-?-
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: P-u( L' A.--_-
Title: __-?-
Street address: -1
City, State, Zip: ?2R so t L 3 y 23 p - `/ ltf
Telephone: (So 7) ?L5 0 5-V7 __-
Fax: ?)- --- ---------------------
3. Contact person who can answer uestions about the proposed project:
Name: -in C -'?R w'D
Telephone: -_-
Fax: --
Email: r19 tt X /; N r T - -
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, ecifcations, letters, operation and maintence agreements, etc.):
Z
Version 2: November 2002
2 0 0 6 7 7 3
Variances
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
S6,4-K
aL 4'v
6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS
to ogcraphic ma indicating the Jocation of the si
e)-
_ ,?, he 3_4 S6 cc. d? t `FO /N ?z)n? O? (SUCft Crr?-o 1?i raD. ?G 2?u ? ?=F't ? ?d
G (r.tin_f24 r-y c W2'9u eel rnI? --rid--vim
L-f-A,, P I2O ?o a,o _ M, LC -- S 01 Nc L-H-Ai i ne.
efd-rN? LRNOI? SafSvl?UcS?dti "
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed _qtrea Qs ? label as "UT" to the nearest named stream):
() mss e) A_$ i
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or .0316 (Tar-Pamlico)]: ___, t* US c..
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received:
s
U3
4(p Pr'-04o
it 1-710a
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
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
of buffer 'mpac in ft2.]:
_cG 7- s R u e. d+- * rn 'c-" C N ?/? A Q j Q (r 0'er 4-0 .?ma4- 92o?ti,?
A-(1.!1*9- 2 Pt ei^_,f__(?Lcf_qA,1 /. CL? ??Z , r To Za tiC_ 4f i-f e2
rL ?rtc A ? ¢ rat s
040 Su 9 QIJJts20n?_
S ,5?o S?
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:
-th1 , 0,9Aref o_t' PA-foe I1-i ti lvWA/K &A_? 4PD(I00e00 Z a 1?li1l/A.

t crt' Or#_) r J" 4 ea 1

t?0 t-/fsl?P?f-
"12 on,-of
¢m a (1
Lam) t ems.-?l]`e
Variance Request Form, page 2
Version 2: November 2000
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.):
_ 111 ? a sr, c to r,t 1S_ (v l l hAu c- Ca&-1 A r o S iv x, A- le, ? hoc ti-nrr7?c? i.. 1-cs c ?p'}cei
Qas, 6zaa ? FW-A Sctn. JCl-Gt 241 + o?E 0 1,. -1n 7 vF ?h ??
)L1-,6--<_1Lr Pn-A- A--,v A- o cam .rte ou 4-c & x4,-- -0
s tt>fi ? I t ?fry
4. Please provide an explanation of the following: v
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
S `/ _
i-aroles l??)t?A row toil( t-eu,,7f" n(Rem eAf- F `?.,J-c ALL-, tA- b-A-°A-
_??U

(3) If economic hardship is the major consideration, then include a specific explanation of the
econ is hardships and the proportion of the hardship to the etJre value of the project.
-I' f? -t/( Lf fl-r Q tA_-w cCA-0 1- C (L m. 4- !-/?- Lr c, d-- `f?_ lrrf,
ki t? r! X titc?
H_? P Lott a t o ti &4-.r.a o ?c d? a- Ov e W Pa.(
LO J-S L. gs a v c'? In o ?e dip 1r e 9 Jtecl.
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 firm so that they may provide
information on your behalf, please complete this sectio
Designated agent (individual
Mailing address: _qo- ?Q - S SQ , 04 -
City, State, Zip: _?Qb, i e 2 N N C- a G -6 -
Telephone: ? 5 .pL
Fax: 4,3 ?G O_A -7
Email:
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. . ,
r
Irr-n 0 Yn:Z __ (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 Vh will be recorded with all required permit
conditions.
Signature:
Date:
Title:
Vpriange Request Form, page A
YOmign 2: November 2000
ADDRE55: 78 Morning 51de Drive South
CURVE TABLE
CURVE LENGTH RADIUS ,
LEGEND: C25 36.73' 50.00' 1
R/W = RIGHT OF WAY 0
= CENTER LINE m #
SQ.FT. =SQUARE FEET m Z
Cl = CURVE NUMBER
A
L1 = LINE NUMBER r
r
MBL = MINIMUM BUILDING LINE U) ;.
D&UE = DRAINAGE & UTILITY EASEMENT v m
C = STREET ADDRESS PRELIMINARY PLAT o m 517E
22 LOT NUMBER NOT FOR RECORDING, r
m
CONVEYANCES, OR SALES A VICINITY MAP
0.66 Acres
00
-Zo
10,
N78Mg ' b a I \ ?8 3g 0
2 C;
'20' 4 'o 1 -- Co
10
\s F \? ll I?.l
L
223.20' - J Met
S' ?UB(. ~ 1 6 /
10 J w J 22,436 SF co J/
05 28,260 SF gl p I 0.52 Acres
s 0.65 Acres ?' to ? -' °? `
gyp, `-I z ( N40'20'21 "E 31.06'
X119 _ 10' MBL -
\ ? ? N89'28'49"E
_ _ 150.03'
10 M
??I ? N 12?, Mgt ?
777/
"'> C SPp4'c.- ?6uf? t ,gRP
r+ 2 e/I-- 08L -r_
i \ X 2?Y,D1E
48,
A/ r
001- A-tLe I-/
20 ?E
,O, sus \\
-x-575 45 ?9'W
0 ? o
21,780 SF JUN 1 9 2006
0.50 Acres :w \
WETLANDS AND S7? ` ! \
115,957 SF

G,;?,' /

y!C26 20'
"I
50 VB
/ O,o0001'^o1
r'
LOT NO. D SUBDIVISION: FILIAL PLAN OF 5HINE LANDING. PAMLICO CO. REGISTRY
NUME3ER FI\/E TOWNSHIP, PAMLICO COUNTY, NORTH CAROLINA
PRELIMINARY PLOT PLAN FOR: COASTAL MARKETING $ DEVELEPMENT CO.
DATE: 04/09/2003 JOB NO. 262 1-09 FIELD BOOK -/
GRAPHIC SCALE
SUITT & ASSOCIATES, P.A.
LA LAND SURVEYORS SINCE 1 965 so' o' 30' so' 120'
P.O. BOX 12034
NEW BERN. NC 28561-2034
TEL. [phone] IN US SURVEY FEET
FAX: [phone]
EMAIL: SUITT 000NNECT.NET 1 inch = 60 ft.
SHINE LANDING-A WATERFRONT COMMUNITY
LOCATED IN PAMLICO COUNTY, NORTH CAROLINA
SUMMARY OF BUFFER ZONE IMPACT
LOT #9
THIS VARIANCE REQUEST IMPACTS ZONE H ONLY
DESCRIPTION DIMENTIONS SQUARE
OF OF FOOTAGE OF
LOT# ENCROACHMENT ENCROACHMENT ENCROACHMENT
elevated wooded area (130 x 20) 2600 sq. ft.
* NOTE... WE REQUEST THE RIGHT TO MAKE A"COMPENSATORY MITIGATION
PAYMENT" TO THE "RIPARIAN BUFFER RESTORATION FUND".
Nelms oexie 4-oint
®Kershaw Moores Corner VU
55
?a Upper Uccotter Bay I
?. • Whitehurst Point
,
Blackwell Po1t Oriental
Arapahoe., Dewey Point?
Raccoon Creek
S Gut ill
SSR Cooper Point 6 7
i ? u, ?
306 ?Wiggins Point
X302' Gash Comer,pi;:
D a
V06hiels :Point Cn
ali°ipLanding lveus fiver
! i Sandy .Point ?Arto
Cedar Point Horton B(
Pierson Poir
? ?teuse River
^ 7 \ k
neSOtt'eaeh Winthrop Point
,Wilkinson Point IGW
?? ?a r f } South River
?Great Neck t?)nt ??.
t
Merrimon '
Pine Cliff Recreation Area
sos real.{stand j Great Neck
;? i '"`^i z?'?«?., ,1'•'??; ???,?. 4? A edar Creek. ? , ..
? Great Neck
Temple
;\ t eBachelor./
r t 4
`'?? 11 r
? ?: •? ' ( ., 1.
i
306
D A W S O AT IE HOPWAL M•RII LW
?? 1010
C R E E K
• r..ti. ?.tit..?_ t r.... - I ` J
E? r w
O Y p ? ?
2-1
;2 ci
..® ?° - ° - e -------- ?- ae °®
` ier.w , , 1
O .` ?/ 11
\ \ I
i V4 ?v
11\ G P
1 \ m r-?
PRELIMINARY PLAT
I NOT FOR RECORDING,
i REVISED O 1 /26/2005 CONVEYANCES. OR SALES
SALES MAP OF
SHINE LANDING SUITT & ASSOCIATES, P.A.
NUMBER FIVE TOWNSHIP, PAMLICO COUNTY, NORTH CAROLINA LAND SURVEYORS SINCE 1965
COASTAL MARKETING AND DEVELOPMENT COMPANY P•11• BOX 121134
DEED BOOK 331, PAGE 760. NEW BERN, NC 28561-2034
DEED BOOK 381, PAGE 602. TEL. [phone] / FAX: [phone]
PAMLIOO COUNTY REGISTER OF DEEDS EMAIL: [e-mail]

pF `NATF,q
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
-f
Alan W. Klimek, PE, Director
Division of Water Quality
February 10, 2003 DWO # 03-0077
Pamlico County
Page 1 of 3
Coastal Marketing & Development Co.
Attn: Mr. Duncan Harrison
309 Middle Street
New Bern, NC 28560
Subject Property: Lot Numbers 17, 18, 20, 21, 25, 26 & 27, 31, 33, 34, 36, 38, 41, 42, and 43
Shine Landing Subdivision, Arapahoe, NC 28510
Dawson Creek [03-04-10, 27-125-(6), SA HQW NSW (Nutrient Sensitive)]
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B .0233(9)(b)] with
ADDITIONAL CONDITIONS
Dear Mr. Harrison:
You have our approval, in accordance with the conditions listed below, to impact approximately 53,600 fe of Zone 2
(detailed in the table below) of the protected buffers to construct single family residential homes at the subject properties
as described within your variance request dated January 23, 2003. This letter shall act as your Minor Variance approval
as described within 15A NCAC 2B.0233(9)(b). In addition, you should obtain or otherwise comply with any other required
federal, state or local regulations before you proceed with your project including (but not limited to) Erosion and Sediment
control regulations, coastal stormwater permits, 404/401 wetland regulations and CAMA Permits.
Impact Table ' :
t Number
L Zone 2 Im ai
o
17 6,
18 5,
20 2,
21 4,
25 3,
26 & 27 Z
31 5
33 2
34 1
36 2

38 2
41 5
42 2
43
Total 5,
'
000
uare
* Building footprints for the Zone 2 impacts listed within the "Impact Table" are depicted on the revised "Sales Map of
Shine Landing, Number Five Township, Pamlico County, North Carolina, Coastal Marketing and Development
Company, Deed Book 331, Page 780, Deed Book 381, Page 602, Pamlico County Register of Deeds" that was
provided along with the Minor Variance application dated January 23, 2003.
This approval is only valid for the purpose and design that you described in your Minor 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 properties are
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
DWQ Project No. 03-007
February 10, 20C
Page 2 of
sold, the new owners must be given a copy of this approval and are thereby responsible for complying with all conditions.
For this approval to be valid, you must follow the conditions listed below.
Conditions:
1. No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 26 .0233) shall occur to Zone 1 of
the protected riparian buffers unless otherwise approved by the Division of Water Quality (DWQ), The
proposed "water lines" approximated on the plans may be installed within Zone 2 and along the Zone 1
and Zone 2 boundary, but must not be placed within Zone 1 unless otherwise approved by the DWQ.
2. Protective Fencing
The outside Zone 1 buffer boundary approved under this authorization shall be clearly marked by orange
fabric fencing for the areas that have been approved to infringe within the buffer prior to any land
disturbing activities to ensure compliance with 15A NCAC 213.0233.
3. Diffuse Flow
Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
as identified within 15A NCAC 2B .0233(5). Stormwater runoff from the proposed homes and impervious
surfaces shall be directed to vegetated areas at non-erosive velocities prior to entering the protected
riparian buffers. No new direct discharges of stormwater (i.e., piping, ditching, etc.) through the buffers is
allowed.
4. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters
and protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for
impact under this variance approval.
5. Buffer Mitigation (WRP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation
to compensate for impacts to the protected riparian buffers is 80,400 square feet (or 1.85 acres) as
required under this variance approval and 15A NCAC 2B .0242. We understand that you wish to make a
payment into the Riparian Buffer Restoration Fund administered by the NC Wetlands Restoration
Program (WRP) to meet this mitigation requirement. This has been determined by the DWQ to be a
suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0242, this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B.0233(9)(C). Until
the WRP receives and clears your check (made payable to: DENR - Wetlands Restoration Program
Office), no impacts specified in this variance approval shall occur. Mr. Ron Ferrell should be contacted at
[phone] if you have any questions concerning payment into the WRP. For accounting
purposes, this variance approval authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 80.400 ft for 1.85 acreslof required riparian buffer mitigation for impacts to
53,600 ft2 (or 1.23 acres) of protected riparian buffers; 03-04-10, 27-125-(6) river and subbasin."
6. Other Federal, State & Local Regulations
The proposed development must comply with any other required federal, state or local regulations before
you proceed with your project including (but not limited to) Erosion and Sediment Control regulations,
coastal stormwater permits, 404/401 wetland regulations and CAMA Permits.
DWQ Project No. 03-007
February 10, 200
Page 3 of
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you do not accept any of
the conditions of this approval, you may ask for and adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This
approval and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules
[15A NCAC 213 .0233(9)(b)j. Please note that this letter only authorizes the requested impacts and does not delineate the
boundaries of, nor approve impacts to, any other DWQ buffers that may exist on the property. Please call Mr. Bob
Zarzecki at [phone] if you have any questions or require copies of our rules or procedural materials.
Sincerely,
Attachments: WRP Notification
cc: Tracey Wheeler, DCM Morehead City District Office, 151-B Hwy 24, Morehead City, NC 28557
Ron Ferrell, WRP
Tom Steffens, DWQ Washington Regional Office
File copy
Central Files
DWQ 030077
bz February 10, 2003
OV William G. Ross Jr., Secretary
0? p North Carolina Department of Environment and Natural Resources
?i Alan W. Klimek, P.E., Director
7 Division of Water Quality
O ?
2003
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 NCAC 2H .0500, the following DEED NOTIFICATION shall be recorded in the
County Registry prior to the conveyance of lots. Said Deed Notification shall apply to name of
subdivision, lot numbers in County, North Carolina as shown on plans titled
(insert name of
(insert subdivision name) prepared by
designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland, stream or protected
stream buffer. Any subsequent fill or alteration of this area shall conform to the requirements of the state rules adopted by
the State of North Carolina in force at the time of the proposed alteration. The intent of this provision is to prevent additional
wetland, stream or buffer filling or draining, so the property owner should not assume that a future application for filling or
draining would be approved. The property owner shall report the name of the subdivision in any application pertaining to
said rules. This covenant is intended to ensure continued compliance with all rules adopted by the State of North Carolina
and therefore the State of North Carolina may enforce benefits. This covenant is to run with the land and shall be binding on
all Parties and all persons claiming under them".
Signature
Owner's name:
Address:
City, State, Zip Code: _
Phone Number: (
STATE OF NORTH CAROLINA
COUNTY
I,
a Notary Public of the State of North Carolina,
hereby certify that owner personally appeared before me this day and executed by above certification.
Witness my hand and notorial seal, this day of , 2003
Notary Public
My commission expires:
County,
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
.state.nc.us/ncwetlands
[phone] (phone), 919-733-6893 (fax), ( p: enr
00*71
O?O? vv A FRpG
> -I
NORTH CAROLINA DIVISION OF WATER QUALITY
Minor Variance Approval
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 213 .0233 [OR .0259], Coastal Marketing and Development Company has
permission as outlined below and within the attached variance approval to impact buffers for the purpose(s) of
constructing a homes within Zone 2. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached authorization certificate. THIS VARIANCE APPROVAL IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP)
i! DWQ [OR DELEGATED LOCAL GOVERNMENT] Project No. 03-0077
APPROVAL DATE: February 10, 2003
LOCATION: Shine Landing SD, Arapahoe, NC (Lots 17, 18, 20, 21, 25, 26/27, 31, 33, 34, 36, 38, 41, 42, & 43)
COUNTY: Pamlico
BASIN/SUBBASIN: 03-04-10
STREAM INDEX NO.: 27-125-(6)
As required by 15A NCAC 2B .0233 [OR .02591 and the conditions of the variance approval, you are required to
compensate for the above impacts through the restoration or enhancement of buffers as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
80,400 square feet of riparian buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 26.0242 [OR .0260]. If you choose this option, please
sign this form and mail it to the WRP at the address listed below. An invoice for the appropriate amount of payment will
be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WRP.
Signature Date
WETLANDS RESTORATION PROGRAM (WRP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
Michael F. Easle
William G. Ross, Jr.,
Department of Environment and Natural I
Alan W. Klimek, PE, I
Division of Water
North Carolina Division of Water Ouality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwetlands/
?^^
o vii ?v
?y? ? ??
-? ? ? ??
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State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
<;r0 0 7 7 3
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form maybe photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
""euse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B.0259)
2.
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B.0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
9 _. W?
a P
MAY 2006
DENR-VYATERttuk+ iY
Appli is name (the corporation, individual, etc. who owns the property): WERANDSA AND STOR"A R ®l"Cry
RLf f S r L v- A- --
Print Owner/Signing Official (on legally responsible for the property and its compliance)
Name: Qo-a at pers F f v 4
Title: 17-1
Street address:
City, State, Zip:
Telephone:
Fax: ( )
3. Contact person who can answer uestions about the proposed project:
Name: l1_?b A e
Telephone: (¢ 51) & 3 ? &Oaf-
Fax: ! ySJ-) G 3 3
Email: -- T rr? S 14 JR/ ?CzA/2? / ?U N /z--- T-
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, s ecifcations, letters, operation and maintenance agreements, etc.):
C T u o I_ A 110.* Na Lo 4 st- 9
Version 2: November 2002
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
?', ?4-k

6. Directions to site from nearest major intersection (Also, attach an 8 Y2 x 11 copy of the USGS
to ogra hic map indicating the location of the size): n y
kC6 tf. 3 D(? $0 tc t -J-0 /N ? c?'c?c f zd Y4 WC ISUC H yr o 4, AO. `I& OA,
e? Cp,Jw +9u a/ rn? dj-r ?p? ry edw4 4?2S'
12 R 0 0 ?_t S /4 N ,+Aj 0 i? _ 2 w ??` /rides
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed tr ams la el as "UT" to the nearest named stream):
0H ups v ? ? a 49e --
Stream classification [as identified within the Schedule of Classifications 15A NCAC 26
.0315 (Neuse) or.0316 (Tar-Pamlico)]: &,e us <-
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received:
- -- -
ec
_,? / ? of Grp pro
nl?la?
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
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
of buffer mpac in ft2.]:
C6 .X S R u e- d 'F t 4v r n -c- C ?, q/?-r` a s a L r ui'r_11? rZt?Gic,
A-a4PA- t ea &IA,,e.t 01S n ?h??tic,--f AJ-???-1 P4 d o L Gc e2
A-7?-J ¢ ra?r IS s uto S F
.t 9 Q j X i S tM-_ M v*aA-C A-i4_p 001r ?_4"IGN U o p?v-c d B,
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:
-'AIS QA6e'e o - fl6t IS 411-A/V, 07-4 40 (I-oOeo 34thplvZs -A nfuavY
<nUPIrloo -f1Lc Sn`NPmsc FZiue<u? z_--Zo e? Ait tc),,6 n-,r-e_ p(.?
?-?l FLT pe" YL &,lei, A9,I..Jg1k.eP(21ny comp 1 o?ro Ar.o sLeP4,C_ D`ealx16- _
Variance Request Form, page 2
Version 2: November 2000
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.):
--&11 w s r o_e ems, rs?4 Iv i I f h Pr u c- C a 4t, ke o S /Y l tr!%? ?o z?i? npt7?'c«.. t-d c asp
--T1k-2_fir? , f7.-u d L F-oy H? p scs? ??x c euti o? __ p 1 -1 aL-P r y-N ti;
cf-
_1? ELI -b o (&Y%, fcQ -4ce'v--k aemA-rIA-i 0;,,---2,
- 4!r?_ n uri ti o ca* .r o u c ?, ?c l? ? l Fi1-&1
s' t-r%- f3 ? ! i 7A'y
4. Please provide an explanation of the following: ` y"'s-
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Sft?IoY Ano)<<?lzow ?,?I( o%-runtit e?lgeeme e3 ?iCe (?ade? t? f '??
iu__ f f_-te tiD -0 D "-EQ _e., -
l,C I N?e n Pn-? L.. ,-tL
C
u-r
W, PE!a4ex-t.

(3) If economic hardship is the major consideration, then include a specific explanation of the
econ is hardships and the proportion of the hardship o the ent)Jre value of the project.
-t4Lf -p'M-e tA-e-c a f-C rz- 'fly. Ptr Luc. d-F
46e_ e-eaucvo_ S A^, A tc?, n_s Arc. A e- s tr?,?,-, y4y
. ,. - &t- P IV, UO a 1. ? ti- .? ©k d? 4" 0? ? e P"I
!<FYfl t Ham` C- -,C -k l 3` r 4? r oA i Q?6? - © n - 0 0-7'2 rte.
rn Pyr., LO't S _ +kr, 1-p4 L. a;;s a u e-9, Lo v t(-c c> >N ??c App li c 9 J?t?l?
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 firm so that they may provide
information on your behalf, please complete this secti1o - M (c,( A-.Q(
Designated agent (individual or fi .Z!_IQ}-S/ I?1 ?n ?l poi r t7- p'ev ?'G
Mailing address:M
City, State, Zip:
Telephone:
Fax: -l S-2- ee -- G a-? ---
ue ,1, ti /?
Email: = M-.3
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. , _, ,
Mtr-?'r"nO _ (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 will be recorded with all required permit
conditions. /? _
Signature: I-?
Date: ,
Title: G-n7-,n. r
Y?rlange Request Form, page 4
Yp`r?IQrI 2: November 2000 - '.
;n?C? WAT ??pG
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
> Alan W. Klimek, PE, Director
p Division of Water Quality
February 10, 2003 pV?q # 03-0077
Pamlico County
Page 1 of 3
Coastal Marketing & Development Co.
Attn: Mr. Duncan Harrison
309 Middle Street
New Bern, NC 28560
Subject Property: Lot Numbers 17, 18, 20, 21, 25, 26 & 27, 31, 33, 34, 36, 38, 41, 42, and 43
Shine Landing Subdivision, Arapahoe, NC 28510
Dawson Creek [03-04-10, 27-125-(6), SA HOW NSW (Nutrient Sensitive)]
APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 213 .0233(9)(b)] with
ADDITIONAL CONDITIONS
Dear Mr. Harrison:
You have our approval, in accordance with the conditions listed below, to impact approximately 53,600 fe of Zone 2
(detailed in the table below) of the protected buffers to construct single family residential homes at the subject properties
as described within your variance request dated January 23, 2003. This letter shall act as your Minor Variance approval
as described within 15A NCAC 2B .0233(9)(b). In addition, you should obtain or otherwise comply with any other required
federal, state or local regulations before you proceed with your project including (but not limited to) Erosion and Sediment
Control regulations, coastal stormwater permits, 404/401 wetland regulations and CAMA Permits.
Impact Table ` :
Lot Number
17 -
18
20
21
25
26&27
31
33
Zone 2
4
800
38 5,000
41 2,400
42 6,200
43 53,600
Total
Building footprints for the Zone 2 impacts listed within the "Impact Table" are depicted on the revised a "Sales eMap of
Shine Landing, Number Five Township, Pamlico County, North Carolina, Coastal Marketing and Dnt
Company, Deed Book 331, Page 780, Deed Book 381, Page 602, Pamlico County Register of Deeds" that was
provided along with the Minor Variance application dated January 23, 2003. st. If This approval is only valid for the purpose and design that you described new request for approval. rI qhe properties aange
your project, you must notify us and you may be required to send us a North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
C
DWQ Project No. 03-007
February 10, 200
Page 2 of
sold, the new owners must be given a copy of this approval and are thereby responsible for complying with all conditions.
For this approval to be valid, you must follow the conditions listed below.
Conditions:
No Zone 1 Impacts
No impacts (except for "exempt" uses as identified within 15A NCAC 2B.0233) shall occur to Zone 1 of
the protected riparian buffers unless otherwise approved by the Division of Water QWQ). The
proposed "water lines" approximated on the plans may be installed within Zone 2 the Zone 1
and Zone 2 boundary, but must not be placed within Zone 1 unless otherwise approved by the DWQ.
2. Protective Fencing
The outside Zone 1 buffer boundary approved under this authorization shall be clearly marked by orange
fabric fencing for the areas that have been approved to infringe within the buffer prior to any land
disturbing activities to ensure compliance with 15A NCAC 213.0233.
3. Diffuse Flow
Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
as identified within 15A NCAC 2B .0233(5). Stormwater runoff from the proposed homes and impervious
surfaces shall be directed to vegetated areas at non-erosive velocities prior to entering the protected
riparian buffers. No new direct discharges of stormwater (i.e., piping, ditching, etc.) through the buffers is
allowed.
4. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters
and protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for
impact under this variance approval.
5. Buffer Mitigation (WRP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation
to compensate for impacts to the protected riparian buffers is 80,400 square feet (or 1.85 acres) as
required under this variance approval and 15A NCAC 2B .0242. We understand that you wish to make a
payment into the Riparian Buffer Restoration Fund administered by the NC Wetlands Restoration
Program (WRP) to meet this mitigation requirement. This has been determined by the DWQ to be a
suitable method to meet the mitigation requirement. In accordance with 15A NCAC 213 .0242, this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B.0233(9)(C). Untii
the WRP receives and clears your check (made payable to: DENR - Wetlands Restoration Program
Office), no impacts specified in this variance approval shall occur. Mr. Ron Ferrell should be contacted at
[phone] if you have any questions concerning payment into the WRP. For accounting
purposes, this variance approval authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 80.400 ft2 (or 1.85 acres) of required riparian buffer mitigation for impacts to
53,600 ft (or 1.23 acres) of protected riparian buffers; 03-04-10, 27-125-(6) river and subbasin."
6. Other Federal, State & Local Regulations
The proposed development must comply with any other required federal, state or local regulations before
you proceed with your project including (but not limited to) Erosion and Sediment Control regulations,
coastal stormwater permits, 404/401 we?and regulations and CAMA Permits.
DWQ Project No. 03-007
February 10, 200;
Page 3 of
I
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you do not accept any of
the conditions of this approval, you may ask for and adjudicatory hearing. You must act within 60 days of the date that.
you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This
approval and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules
[15A NCAC 2B .0233(9)(b)]. Please note that this letter only authorizes the requested impacts and does not delineate the
boundaries of, nor approve impacts to, any other DWQ buffers that may exist on the property. Please call Mr. Bob
Zarzecki at [phone] if you have any questions or require copies of our rules or procedural materials.
Sincerely,
Attachments: WRP Notification

cc: Tracey Wheeler, DCM Morehead City District Office, 151-B Hwy 24, Morehead City, NC 28557
Ron Ferrell, WRP
Tom Steffens, DWQ Washington Regional Office
File copy
Central Files
DWQ 030077
February 10, 2003
bz