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Home My WebLink About20051909 Ver 1_Complete File_20051014OF W ATF,9 Michael F. Easley, Governor Q t R J S Willi G r., ecre ary oss am . r North Carolina Department of Environment and Natural Resources p .? Alan W. Klimek, P.E. Director Division of Water Quality October 19, 2005 DWQ Project # 20051909 Pamlico County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Sylvan Friedman President/Owner 103 Pelican Circle Oriental, NC 28571 Subject Property: Lot 4, Serenity Court, The Cloisters at Kershaw Creek Oriental, NC REQUEST FOR ADDITIONAL INFORMATION Dear Mr. Friedman: On October 14, 2005, the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit received your variance request dated October 12, 2005. The DWQ has determined that your project is eligible for the use of the "General" Major Variance From the Neuse and Tar-Pamlico Riparian Buffer Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area Management Act, Approved 51912001. However, the DWQ needs additional information in order to complete the approval process of your variance. Therefore, unless additional information is provided as described below, we will have to move toward denial of your request per 15A NCAC 213 .0260(9) and will place this project on hold as incomplete until we receive this additional information. Specifically: Additional Information Requested: 1. Please redesign the house building envelope by moving it about 20 feet toward Serenity Court and thereby avoiding or further minimizing impacts to Zone 2. Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me and Kyle Barnes of the DWQ Washington Regional Office at 943 Washington Square Mall, Washington, NC 27889. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. Please call Mr. John Dorney of this office at (919) 733-9646 if you have any questions. sor jr??asight//roly,Expr s Review Permitting Unit CBK/jrd cc: Kyle Barnes, DWQ Washington Regional Office File Copy Central Files Allen Probst. Mariner Realty, Inc., P.O. Box 750, Oriental, NC 28571 Filename: 20051011 Fri cdmanLot4(Pamlico)GcnVar1 fold r tOn. hrr.,..,,r: 401 Oversight/Express Review Permitting Unit R1lllYlllJ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httn://h2o,ennstale.nc.us/newetlands in 1 Supe i An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper .MEUMNEWW? October 12, 2005 Kyle Barnes Division of Water Quality 943 Washington Square Mall Washington, NC 27889 REALTY, RE: Minor Variance Request for Lots #2, #3, #4, #5, #6, #11, #12, #13, #14, #16 and #17, The Cloisters at Kershaw Creek near Oriental, NC Dear Mr. Barnes: Enclosed please find 11 minor variance request for the above referenced subdivision near Oriental, NC. Each of these lots has a separate minor variance request with copies sent to Diane Edwards in the Raleigh office. This subdivision was platted and duly recorded in November, 1989. The original name of this development was Captain's Walk Subdivision, developed by Zachary Taylor of New Bern, NC. Mr. Taylor roughed-in the roadways and installed an approved 6" water main through-out the entire development with fire hydrants at both cul-de-sacs and individual water taps w/ meter boxes at each individual lot(24 water taps). This line was approved by DEHNR on 12/11/90 and was installed in 1991. The engineering firm that designed this line was Thomas Engineering Consultants, P.A.. in New Bern, NC. By virtue that improvements were made prior to August, 2000, this development should have vested rights and should qualify for minor variances on an individual basis. The developer who recently purchased all of this development is Sylvan Friedman. The property was purchased under the name of Kershaw Creek Properties, LLC. Mr. Friedman understands that there maybe mitigation required in order to obtain these variances. Please specify, if a variance is conditionally given that requires mitigation, the amount of money required for each variance. Every possible effort was made to avoid a variance request with 12 of these lots not requiring any impact to the Neuse River Buffer. The 11 lots submitted for a variance request have the least possible impact necessary in order to build a home of practical design and size. A variance request for Lot # 15 will be submitted in the future once a septic permit is issued for that lot. I will be available at your earliest convenience to show you this property if necessary. I can be reached at 252-249-1014(w) or 252-671.4644(cell). If you have any further questions, please call me. Sincerely, Allen Propst Mariner Realty, Inc.. Lip :- 2@@ 8 1 cc: Diane Edwards, DWQ - Raleigh office °CT??z005 WfTCg ; - WATER QUACITy 4ATE?6a,4CH Post Office Box 750 • Oriental, North Carolina 28571 - (252) 249-1014 www.orientalncwaterfront.com ® Printod on recycled Paper 800-347-8246 . Sales - Property Management - Appraisals - Development OFFICE USE ONLY: Date Received -------------- __ Request # ----- __ State of North Carolina Department of Environment and Natural Resources Division of Water Quality Variance Request Form - for Minor Variances Protection and Maintenance of Riparian Areas Rules NOTE: This form may be photocopied for use as an original. Please identify which Riparian Area (Buffer) Protection Rule applies. z Neuse 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) Part 1: General Information E (Please include attachments if the room provided is insufficient.) D 1. Applicant's name (the corporation, individual, etc. who owns the property): KT l 4 2005 Kershaw Creek Properties, LLC -_-__-------_______---_-DENR-WATER-QUALITY ?YETLANDS AND STOR11MATER BRANCH 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: S_ylvan Friedman -__- --------- --------------- Title: President /Owner --------- ------------------- Street address: 103 Pelican Circle -------------------------------- City, State, Zip: OrientalL_NC 28571 __-_------------ ----------- Telephone: (252)_249-0640 --------------------------- Fax: (252) 249-2700 3. Contact person who can answer questions about the proposed project: Name: Allen Propst/Mariner Realty, Inc._ Telephone: ( 252)_249-1014 _...... -..... ___`.... Fax: ( 252)_249-2700 ----------------------------- Email: _ mariner@pamlico.net ---------- -_ 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Lot ti 4, The Cloisters at Kershaw Creek Version 2: November 2002 Project Location: Street address: City, State, Zip: County: Latitude/longitude: _Lot ;/4,_ SerenitY Oriental, NC 28 -Pamlico - 35°02'10.03" N ------------------------------------- 76°43'05.88" W----------------------- Directions to site from nearest major intersection (Also, attach an 8 Y2 x 11 copy of the USGS topographic map indicating the location of the site): _Turn _South _ ont_o_Teach's_Cove -Road from Kershaw_Road.__Go 4pproximately _3_/4 mile to Kershaw Creek Drive entrance -road-not_yet si?ned_or-payed) . ---------------- --- Follow Kershaw Creek Drive _to Sere-nity Circle_and_turn right___Lot_ 4 ---------------------- ------ - is in the cul-de-sac on the right side. ----- ---------------------- -_- 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Kershaw Creek Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B 0315 (Neuse) or.0316 (Tar-Pamlico)]: ----- ------ ------------ -_--------- 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: CAMA Major CAMA Minor 401 Certification/404 Permit _x___ _ X__ 7,[05105 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 impact in ft2.]: Construction of a single-family home. _ There will be an impect_2f-- 1,012.17 square feet in Zone II. There will be no Zone I. 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: Due to the shape_of_the p?oRerty _the_location of-the-buffer zones ------------- - ------------------------------ and the site-specific location of the seDtic Dermit, it is impossible to construct a home of reasinable size without this impact to Zone II. Variance Request Form, page 2 Version 2: November 2000 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.): _-_ Gutters _and_leaders _ on the home will be used t_o_divert t_h_e _run-off water so that it will have the greatest distance of diffuse flow..... ----- -- --------- --- ------- -------------- as possible. Vegetation to be planted around _the_house. _-_ 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. It would be_impossible to construct. a home of reasonable size on this lot. (2) How these difficulties or hardships result from conditions that are unique to the property involved. Coastal vegetation surrounds the homesite leaving_only a small -------- -------------------- ------ portion of this lot buildable. (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. Waterfront_Eroperties are quite expensive.- Persons who -urchase waterfront orooertM need the_abii o construct a home of reasonable _si?e. If the size of the home is restricted f-urther-,,_th-p-y eft Sh€ oroo-rty--cauld be ?sfused as muchs_?Q?.-- --------------------------- Part 3: Deed Restrictions By your signature in Part 5 of this application, you certify that all structural stormwatdr 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: _-----___- Oriental, NC _ 28571 ---------------------- Telephone: _----- -_-252-249-11014 ------------------------ Fax: 252_249-2700 --- --------- Email: mariner@pamlico.net Part 5: Applicant's Certification -Allen ProR§. /Mariner Realpy,_Inc---- ---___ PO Box 750 Variance Request Form, page 3 Version 2: November 2000 I, _Sylvan Friedman ___________________________ (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: President/Owner Variance Request Form, page 4 Version 2: November 2000 ?? ? i r: ? ?kP ? ?.; " ' ??3 a ? ?? ? k 'ir ? oy ? ? ?,t . a PAMLICO COUNTY HEALTH DEPARTMENT P.O. BOX 306 .,,,,. BAYBORO, N.C. 28515 (valld 5 years Owner:Sylvan Friedman ^j.^^ Owner Address: 103 Pelican Circle; ;. Owner -Address (2):Oriental, NC 28571 .j Owner Phone #:(252) 249-0640 Property Address: Cloisters P_ Kershaw Creek Property Address(2 :LOT # 4 PIN :108-35-4 Record #56755 Establishment Type:Home Type of Well:Public Welll'4 Design Flow GPD):360 Initial Site..,, , , r_A ,?. Wastewater System:C Long Term Acceptanc Trench Width:3 FT's; Trench Spacing (OC): Septic Tank Volume: 1000 Pipe !! /SQFT):0.4' Repair Site Wastewater System:Conventiol Long Term Acceptance Rate(G Trench Width:3 FT Trench Spacing (OC):9 FT - Trench Bottom From NGL:-24 1 Septic Tank Volume: 1000 GAL, VLL N AUTHORIZATION TO CONST FEES PAID PRIOR TO WAS" :THE AMLI O CO. HEALTH DEF TO REVOKE THIS PERMIT IF TH USE CHANGED, OR ANY INFOR ANY CHANGES TO THIS PERMI' PERMIT AND SUBSEQUENT FEE Authorized Agent. R SYSTEM INSTALLATI IITE IS AL TION IS F F; / A0, Date -j 1! I p Ismil Jun u 2005 13.000.00 >st•t. •? PAtL.ICO North Grokna Cmly Real Estate Excles Tax NORTH CAROLINA WARRANTY DEED PAMLICO COUNTY 4-4 THIS DEED, made and entered Into this the L day of -:? u N 2005, by and between KERSHAW INVESTMENTS, LLC, a North Carolina limited liability company, hereinafter referred to as Grantor and KERSHAW CREEK PROPERTIES, LLC, a North Carolina limited liability company, of le i &IiZele. G? ?n 1,1, Ne Z9 571 hereinafter referred to as Grantee; WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated In Number Two (2) Township, Pamlico County, North Carolina and more particularly described as follows: See the attached Exhibit A for Legal Description TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises In fee simple, has the right to convey the same In fee simple, that title Is marketable and free and clear of all encumbrances, except any encumbrances or restrictions mentioned above, and that Grantor will warrant and defend the title against the lawful claims of all persons whatsoever. The designation Grantor and Grantee as used herein shall Include all parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. FILED in PAtLICO County. NC ? SZ ???? 1S PM FMSTM OF DEEDS BOOK 448 PAGE 596 Henderson, Baxter, Taylor & Gatchel, P.A. S},, 6 b s-r Attorneys at Law Post Office Drawer U Pc'? New Bern, North Carolina 28563 BOOK 448 PAGE 597 IN WITNESS WHEREOF, KERSHAW INVESTMENTS, LLC has executed this deed byand through Its Manager this the day and year first above written. KERSHAW INVESTMENTS, LLC By: v J HN W. TAYLOR, Manager STATE OF NORTH CAROLINA COUNTYOF GV'AV'&-?A? I, o Vt m IA K. G?SkINIS , a Notary Public, do hereby certify that JOHN W. TAYLOR personally appeared before me this day and acknowledged that he Is the Manager of KERSHAW INVESTMENTS, LLC, a North Carolina Limited Liability Company, and furtheracknowledged the due execution thereof. ?_?4h n3?1 WITNESS my hand and official stamp or seal' this the day o, 2 'G NO-TA;; ? NOta Public c; v? My Commission Expires:-15-0°1 Cp?IN NORTH CAROLINA PAMLICO COUNTY The foregoing certificate of . G and- Is certified to be correct. This Instrument was presented for registration this day and hour, and duly recorded in the office of the Register of Deeds of Pamlico County, North Carolina, In Book 'fy s . at Page (-5% . This the 2 Lslday of os at a?BO'clock -Pm. BY: O?2wv?l? (- REGISTER OF DEEDS XZPUW REGISTER OF DEEDS BOOK 448 PAGE 598 EXHIBIT A To That Deed From Kershaw Investments, LLC to Kershaw Creek Properties, LLC Dated June 15, 2005 Lying and being in Township #2, Pamlico County, North Carolina and being all of that parcel of land containing 59.641 acres as shown on that map entitled "Survey for Kershaw Creek Properties, LLC" dated May 25, 2005 prepared by Kendall E. Gaskins, PLS Land Surveying, and recorded in Map Cabinet A at Slide 143-7 of the Pamlico County Registry. Said map is hereby referred to for a more accurate description. F: PA-27 Kashaw Deed E7P EIR EPK SIP SPK NPS R/W EOP THIS PROPERTY IS LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA --------------------------- FLOOD ZONE . . . . . . . . . . . . . . . AE BASE FLOOD ELEV . . .. . . . . . . . 7.0 FIRM MAP . . . 3720648600) COMMUNITY NAME . . . TOWN OF ORIENTAL COMMUNITY # . . . . . . . . . . . 370279 EFFECTIVE . . . . . . . . . . JULY 2, 2004 CURVE TABLE CURVE RADIUS LENGTH BEARING CHORD C4 55.00' 85.47' N44'09'36"E 77.13' MINIMUM BUILDING LIMITS ---------------- FRONT . . . 30' SIDE . .. . 10' REAR . . . 15' REFERENCES PC A, SL 51-1 DB 417 PG 450 SURVEY FOR I, Kendall E. Gaskins, hereby certify that this map was drawn under my direction and supervision from an actual survey made under my direction and supervision, that the error of closure as calculated by latitudes and departures is 1:10,000+. Witness my hand and seal this 5th day of AUGUST, 2005. Kendall E. Gaskins, PLS L-3824 KERSHAW CREEK PROPERTIES, LLC. LOT #4, THE CLOISTERS at KERSHAW CREEK TAX ID: A PORTION OF I08-35 NUMBER 2 TOWNSHIP PAMLICO COUNTY NORTH CAROLINA SCALE 1" = 100' Kendall E. Gaskins, PLS PROFESSIONAL LAND SURVEYING PO Box 354 8162 Main Street Vanceboro, NC 28586 Phone: 252-244-0599 Fax: 252-244-5899 LEGEND re FMNRK Wq wr MW ms7wR Aw RDD Mn msrtvc rt x33 V III lMx AR 6PK SR PK WAA YUI YaA1WNl KS -Mali 4r R/I rV uY Fw tD wp MYEYr 1. OWNER/DEVELOPER ..... KERSH¦ CREEK MOPERTEI ULC 105 PELICAN CIRCLE ORIENTAL NO 255571 NUMBER OF LOTS ........ 24 ACREAGE OF DEW10P ENT ... 59.611 AC ACREACE OF LOTS . ..... .. 26.262 AC AREA OF R/W... ....... 4.A61 AC LENGTH OF STREETS ........1133.5.4 EF MINIMUM BUILDING UMITS UNLESS SHOWN OTHERWISE FRONT ... ]0' SIDE .... 1D' REAR ... 40' UTILITY AND DRAINAGE EASEMENTS SHALL BE 10' ALONG ALL ROAD RIGHTS-CF-WAY 15' CENTERED ALONG ALL LOT LINES OMER EASEMENTS AS SHOWN ON MAP THIS SUBDIN9DN WILL BE SERVED BY COMMUNITY WATER SYSTEMS AND INDIVIDUAL SEPTIC TANKS. ALL ROAD INTERSECTIONS HAVE 10'.70' STE TRIANGLES AS REWIRED BY THE NORM CAROLINA DEPARTMENT OF TRANSPORTATION A PORTION OF THIS PROPERTY IS LOCATED IN A SPECIAL FLOOD HAZARD AREA (ZONE AE) AS PER FIRM MAP 3720642600) EFFECTIVE JULY 2, 2001. ROOD LINES SCALED AS SHOWN ON FIRM MAP. REFERENCES: DB 417 PG 450 PC A, SL 51-1 PC A. BE 32-1 .A I I I I W ENTRANCE DETAIL W/ INTERIOR ISLAND YOT TO - CAROLINE GODWIN / NO REFERENCE TAM D. M-4 i 11 ? \ PROPERTY ONES ALONG XERSMAW CREEK WERE TAKEN FROM A MAP PREPARCO BY (vA/ M,XlMM AND CREED, RECORDED W PLAT \ CABINET A SLIDE 51-1. ? R AfAA^ . / 19 11g `( L Pi 0 ?\ TYPICAL CUL-DE-SAC DETAIL IKIT m 6GNE / III ?\ /: •.\ i ? 1•' and X AT / f ,e10 \\ ? WP 1 r \ 1 \ .5, VICINITY SKETCH tM (NOT TO SCALE) n 1 IA \ n \9 0 `pd 1 1 \ ?G \ Y 1 1 AC ?III ?f ILI, I / AY' / / l I / -1ti\ l ll r 14R \./ '/ i3\ -1 If -I?x I ii/ h?`/:,??. / / i/ /6 /..? IP?,Sp? ?? ` HURPHREY ??6f g9. DO 219 PG 995 T? C GT L.i PCA Sl 25-7 1 Sr1 TAM D: 108-1 / A K 200 loo 0 200 400 "BUCCANEER BAY WEST 3 SCALE. L - 200' SECTION L j6 \ / PC A 4 , 32-1 AX D: - FINAL PLAT THE CLOISTERS RCGSTFR OF DEDS at KERSHAW CREEK \ PROPERTY LINES ALCNC KEPSIAW CREEK STATE OF NORM CAROLINA PHASE I WERE TAKEN FROM A MAP PREPAALO BY COUNTY Q PAWCO CABINET LINA AND 410E 51 slOE -1. RECORDED IN PLAT. DESCRIPTION FOR THIS TRACT IS F FILED FOR REGISTRATION AT AM/TM O'CLOCK IN DEED ROOK 417 PAGE 450 L KENDALL E. G SHINS CERTIFY THAT THIS SURVEY IS A COMBINATION OR RECOMBINATION OF FISTING LOTS OF A SUBDINSON. KENDAIL L GISKINS L-5611 L KENDALL E.G?ASKINS, CERTIFY THAT THIS PUT WAS DRAWN UNDER MY SUPERNSON (DEED DESCRIPTION RECORDED N BOOK .5LL, PACE RCfiRENDES 1 (DARER MAT ME BONOARES NOT SURWYEp ME CLEARLY INDICATED AS DRAWN FROM NFORMA71ON FOUND IN BOON, PACE: THAT THE RATIO OF PRE SON AS CALCULATED IS 1:10.0004 THAT THIS PUT WAS PREPARED IN ACCORDARCE WIN GS 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS _ DAY Of AO., 2001 KENDALL E. OASKINS L-3814 1 I THIS IS TO CERTIFY THAT ME STREET DESIGN SPECIFICATIONS SHOWN OR MIS SUBDIVSION MAP HAW BEEN EXAMINED AND FOUND TO BE N ACCORDANCE NM ME MINIMUM RIGHT-OF-WAY AND CONSTRUCTION STANDARDS ESTABLISHED BY ME SECONDARY ROADS COUNCIL OF ME NORM CAROLINA DEPARTMENT OF TRASPORTATON FOR ACCEPTANCE ON ME STATE HIGHWAY SYSTEM. THIS -DAY OF . 2005 DISTRICT ENONEER NO DEPARTMENT OF TRANSPORTATION THIS PUT REPRESENTS A SUPWY OF PROPERTY THAT IS NOT SUBJECT TO ME APPROVAL OF THE PAMUM COUNTY BOARD OF COMNISSIOAERS I HEREBY CERTIFY THAT THIS SURVEY IS EXEMPT AND HAS BEEN APPROVED FOR RECOROATICN AT ME PMUCO COUNTY REGISTER OF DEEDS OFFICE. SUB04VSON ADMINISTRATOR DATE THIS _ DAY OF - 2005. PUT CABINET _ SIDE -. SUE H. WHITFORD REGISTER OF OLEOS/AS&STANT/DEPUTY STATE OF NORM CAROLINA COUNTY OF PAMUCO L , RENEW OFFICER OF PAMUCO COUNTY, CERTIFY THAT ME NM OR PUT TO WHICH Mb CERTIFICATON IS AFFIXED TO MEETS ALL STATUTORY REQUIREMENTS FOR RECCROING, REVIEW OFFICER DATE 2?/ ' a '.l i. I I ?I II I I / MPS 7J//y///?)? ?4