20041035 Ver 1_COMPLETE FILE_20040624

Michael F. Easley, Governor
William G. Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
September 17, 2004
Thomas & Elizabeth Scott (owner)
PO Box 770
New Bern, NC 28563-0770
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1035
Pamlico County
Page 1 of 2
Subject Property: Lot 4, Good Winds Subdivision, Oriental, NC
"Pine Tree Creek", UT#2 to Greens Creek [03-04-10,27-129-4, SC HQW NSW]
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico
Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the
Coastal Counties as defined by the Coastal Area Management Act with Additional Conditions
Dear Mr. Scott:
You have our approval, in accordance with the conditions listed below, to impact approximately 433
square feet (ft2) of Zone 2 (only) of the protected riparian buffers for the purpose of constructing a
residential dwelling on the subject property as described within your application dated June 21, 2004.
This letter shall act as your approval for the use of the "General" Major Variance; From the Neuse and
Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within
the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL
CONDITIONS as approved by the Water Quality Committee (WQC) of the Environmental Management
Commission (EMC) on May 10, 2001. In addition, you should get any other required federal, state or
local permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control and CAMA permits. This approval shall expire when the variance expires on April 11, 2006
unless the variance is renewed before that time by the EMC.
This approval is for the purpose and design that you described in your variance request. If you change
your project, you must notify us and you may be required to send us a new request for approval.
If the property is sold, the new owner must be given a copy of this approval and is thereby responsible
for complying with all conditions. This approval requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
1. 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.
2. Diffuse Flow - All new stormwater drainage shall be directed to vegetated areas as diffuse flow at
non-erosive velocities prior to entering the protected riparian buffers as identified within 15A
NCAC 2B .0233(5). No new ditching or piping of stormwater through the protected buffers is
allowed.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]/ Intemet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
Ntma!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Thomas Scott
Page 2 of 2
September 17, 2004
3. Protective Fencing - The construction corridor approved under this authorization shall be clearly
marked with orange warning fencing (or similar high visibility material) for the areas that have
been approved to infringe within the buffer prior to any land disturbing activities to ensure
compliance with 15A NCAC 2B ..0233 and this variance approval.
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 that 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 call Mr. Bob Zarzecki at 919-733-9726 or Tom
Steffens at [phone] if you have any questions or require copies of our rules or procedural
materials.
AWK/JRD/bz
Enclosures: Coastal General Variance
Certificate of Completion
Sincerely,
11
Ala 'W. Klimek, P.E.
cc: Jerry Radman, Atlantic Survey & Design, PO Box 770, New Bern, NC 28563
Tom Steffens, DWQ Washington Regional Office
DCM Morehead City District Office
File Copy
Central Files
Filename: 041035

Alantic Survev & yesipn, PA
[phone] . 302 South Front St. . PO Box 770, New Bern, NC 28563 . Fax [phone]
DATE: June 22, 2004
TO: NCDWQ 401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
WETLANDS /401 GROUP
JUN 2 4 2004
wAT cR QUALITySECn
ON
FROM: Jerry R. Ryan, PLS
SUBJECT: Minor Variance Request
041035
The enclosed form and accompanying paperwork was prepared by me as agent for the
property owner and I will be happy to answer any questions concerning same.
The sanitary sewerage system for this lot is offsite.?
Thanks
Email; [e-mail]
5
y?j lT
OFFICE USE ONLY: Date Received Request #
State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality 919 733-9726
Wetlands Unit
2321 Crabtree Blvd -- Suite 250
Raleigh, NC 27604-2260
1035
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.
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 02B.0259)
? 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.)
1. Applicant's name (the corporation, individual, etc. who owns the property):
Thomas & Elizabeth Scott, owner - Robert Booth, purchasing if variance approved
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Thomas Scott
Title: Owner . ""LAN

Street address:
PO Box 770 DS 14 01 G
ROOF
City, State, Zip:
Tele
hone: New Bern, NC 28563-0770
( 252 ) 633
6649
JUN 2 4
p - 2004
Fax: [phone]
0 UAL1Ty
WA TER
`

3. Contact person who can answer questions about the proposed project: Skc
rlo
?'
Name: Jerry R. Ryan, PLS
Telephone: ( 252) 633-6649
Fax: ( 252 ) 514-2858
Email: asdmail(cDearthlink.net
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot 4, Good Winds Subdivision
Version 2: November 2002
5. Project Location:
Street address: --- Good Winds Drive
City, State, Zip: Oriental, NC 28571
County: Pamlico
Latitude/longitude: N 35-01-16 W 76-42-21
6. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the USGS
topographic map indicating the location of the site):
US 17, NC 55: through Oriental, over bridge onto NCSR 1308; right on Good Winds Drive:
Lot is on left about 400 ft: See attached copy GIS map
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream): Pine Tree
Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 26
.0315 (Neuse) or.0316 (Tar-Pamlico)]: 0315 Neuse
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required
NO
NO
NO
NO
NO
NO
NO
NO
Received: Date received:
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit OFFSITE
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 W.]:
433 Sq Ft. dwelling encroachment into Zone 2 of riparian buffer
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:
Lot is too restrictive for alternate plan
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.):
Maintain Silt fence during land disturbance and re-vegetation of grasses and new landscape plants
as soon as possible
Variance Request Form, page 2
Version 2: November 2000
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Lot would not be able to be utilized in a practical manor
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
Refer back to question 2 and enclosed plat for obvious self explanation
(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.
Refer back to all previous questions and enclosed plat for obvious self explanation
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): Jerry Ryan, Atlantic Survey & Design, PA
Mailing address: PO Box 770
City, State, Zip: New Bern
Telephone: [phone]
Fax: [phone]
Email: asdmail(cDearthlink.net
Part 5: Applicant's Certification
I, Thomas & Elizabeth Scott, 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:
06/21/2004
Agent for Owners
Jerry Ryan
Variance Request Form, page 3
Version 2: November 2000

L OGA T/ON
(LEGEND
IPF - IRON PIPE FOUND
IPS - IRON PIPE SET
MBS - MINIMUM BUILDING SETBACK
DUE - DRAINAGE AND UTILITY EASEMENT
60.
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45.54'
IPF ,r•- - S 25_47'22" E -
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CERTIFICATE OF SURVEY AND ACCURACY
L Jerry R. Ryan. certiFiy that this plat was drawn under my t
supervision from an actual survey made under my supervision.
that"the-ratio or "precfslon Is-7115.000+' that this-plat meets
the minimum standards for land surveying in North Carolina as
amended. that the boundaries not surveyed are shown as m
broken lines. that areas are by coordinate calculation unless
shown otherwise. that this survey Is of an existing parcel of
and as described by DeedCs) and/or PlatCs) shown hereon.
Witness
14th Day Signature
of June. 2004.1 `N(X?`//r/
this
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TIE: CORNER TO IPF
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Proposed Plot Plan of
LOT 4
Good Winds
Good Winds Drive - Oriental
for
Robert Booth
TOWNSHIP No. 5 PAMLICO COUNTY NORTH CAROLINA
DATE, June 14. 2004 Atlantic. Survey + Dealgnr PA
JOB No, 40,71 1305 Country Club Road
SCALE New Bern. North Carolina
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