20041389 Ver 1_COMPLETE FILE_20040708

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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
August 24, 2004
DWQ Project # 04-1389
Pamlico County
Page 1 of 2
Jim & Colleen Barton
c/o: James Arthur
James Arthur Construction
5320C Trent Woods Drive
New Bern, NC 28562
[FAX [phone]
Subject Property: Lot 36, Dolphin Point Subdivision, 104 Pelican Circle, Oriental, NC 28571
Pierce Creek [03-04-10,27-133, SA HQW (high quality) 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. and Mrs. Barton:
You have our approval, in accordance with the conditions listed below, to impact approximately 4443
square feet (ft) of Zone 2 (only) of the protected riparian buffers for the purpose of constructing a
residential dwelling and sunroom on the subject property as described within your application dated June
8, 2004 and received by the Division of Water Quality (DWQ) Wetlands Unit on July 8, 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.
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] / Internet: http:/%h2o.enr.state.nc.us/ncwetiands
NotthCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/109/6 Post Consumer Paper
Jim & Colleen Barton / DWQ Project No. 04-1389
Page 2 of 2
August 24, 2004
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.
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 (2520 946-6481 if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
AWKIJRD/bz
Enclosures: Coastal General Variance
Certificate of Completion
Klimek, P.E.
cc: Tom Steffens, DWQ Washington Regional Office
DCM Morehead City District Office
File Copy
Central Files
Filename: 041389
SENDING CONFIRMATION
DATE AUG-25-2004 WED 08:19
NAME DWQ-WETLANDS
TEL [phone]
PHONE : [phone]
PAGES : 2/2
START TIME : AUG-25 08:18
ELAPSED TIME : 011 0711
MODE : ECM
RESULTS : OK
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August 24, 2004
DWQ Pmject>f 041389
Pamlico County
Page I of 2
Jon 8c Colleen Barton
do: lames Arthur
James Arthur Construction
53200 Trent Woods Drive
New Bern, NC 28562
[PAX 252-638-5901]
Sublect Property: Lat 36t Dolphin Point Subdivision, 104 Pellents Circle, Oriental, NC 28571
Pierce Creek [03-04-10,27-133, SA HQW (Ingo quality) NSW]
APPROVAL for the use of the "Goner2i" MAJOR V ARIANCF,- From the Nettie and T -Pamlico
Riparian Bider Rates for the Construction of Residendal Stradtaes on Existing Lots within the
Coastal Counties as defined by the Coastal Area Management Ad with Additional Conditions
Dear Mr. and Mrs. Batton:
You have our approval, in accordance with the conditions listed below, to impact approximately 443
square feet (it) of Zone 2 (only) of the protected riparian buffers for the purpose of constructing a
residential dwelling and sunroom on the subject property as described within your application dated June
8, 2004 and received by the Division of Water Quality (DWQ) Wetlands Unit on July 8, 2004. This letter
shall act as your approval for the use of the "Ocnetal" Major Variance; From the Neure and Tar-Pamlico
Riparian Buffer Rules for the Construction of Residential Structlims on Existing Lots within the Coastal
Counties as defined by the Coastal Area Management Ad with ADDITIONAL CONDITIONS as
approved by the Water Quality Committee (W QC) of the Environmental Management Commission
(EMC) on May 10.2W Will. In addition, you should get any other requited 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 far the purpnee and design that yrnr dmorihed in ymw variance request. If you change
your projcce, you must notify us and you may he 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 CertiHcattoo ere:
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 ofetimpletion to the 401/Wetlands Unit, North Carolina Division of Water QoeHi-v,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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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.
dP
o Neuse River Basin: Nutrient Sensitive Waters Management S eg po
Protection and Maintenance of Riparian Areas Rule (15A NCAC . 33y
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
A'
Please identify which Riparian Area Protection Rule applies.*
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Aoolicant's,name (the corporation, individual, etc. who owns the property):
S i M C- rf) I feet 1 13Yld-4n r l
2. Print Owner/Signing Official
Name: T61 M,
Title: 9W IdI V1
Street address: 63 0
City, State, Zip: ne w---
Telephone: t Q-UXJ?4
Fax: Lasa)-L
3.
Contact person who can answer
Name: ,Tam-e5
Telephone: a$19-0_(
Fax: Gam) & 3 d
Email: ari4in4i i
about the proposed project:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
5. Project Location:
Street address:
City, State, Zip:
County:
Version 1: February 2000
ally responsible for the property and its compliance)
Latitudellongitude:
6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the USGS
topographic map indicating the location of the site):
7. Stream to be impacted by the proposed activity:
Stream name Ifor unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]: ?° YOS e-
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
_ 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
ofkuffer impact in f .
nyr?-??eo,-L /]iSYYIV /71C
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
rel4uced or reconfigured to better minimize or eliminate disturbance to the riparian buffer
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 eyisting vegetation, etc.):
Variance Request Form, page 2
Version 1: February 2000
Jun 08 04 04:31p Jim Barton
06/08/2004 02:41 2526385901
804-221-0637 p.z
PAGE 02
4. Please provide an explanation Of the foilowing: of this
(1) The pmc*W difficulties or hardships that would result from the shies application
Reis. ?I 1?Vo/
(2) How these d'dflculdes or hardships result from conditions that are, Unique to the PrOPem
(3) if economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardsNp to the entire value of the project- '
AWA
Part 3: Deed Restrictions
BY your signature in Part 5 of this application you certify that all structural stormwater best
managerrlent practices roquired 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 aubmittal auluxity to another individual or firm so that they may provide
information on your beW, please Complete this section:
t]esignatsd agent (Ind!
Mailing address:
City, State, zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
1. (print or type name of person listed
In Part 1, 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: 60
Date:
Title:
Variance Request Form, page 3
Version 1: February 2000
Certificate of Survey and Accuracy
I, Chet M. Suitt, certify that this plat was drawn under my supervision from an
actual survey made under my supervision (deed description recorded in Book 310,
Page 283); that the boundaries not surveyed are clearly indicated as drawn from
information found in Plat Cabinet A, Slide 30-6; that the ratio of precision as
calculated is 1:10,000; that this survey is of an existing parcel or parcels of land
and does not create a new street or change an existing street; Witness my original
signature,i jqj$tra Lion number and seal this 1 day of June, A.D., 2004
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Deed Reference:
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5 & B Property Management II, LLC.
Deed Book 310, Page 283.
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Pamlico County Register of Deeds.
Boundary Survey Classification
Suburban Land Survey (Class B)
Area by coordinate computation
Flood Report /
This property scaled in Zone A5 per
Flood Insurance Rate Map. Community
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Panel No. 370279 0002 B. Effective 0
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Date: December 4,1985. Base Flood ^'
Elevation is 8.0' .., /
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Jun oe 04 11:38a
Jim Barton
904-221-0637
Captain James D. Barton (USN-ret)
Colleen H. Barton
2265 Fallen Tree Drive East
Jacksonville, FL 32236
[phone]
June 8,
State of North Carolina
Departm t of Environment and Natural Resources
Division , f Water Quality (Attn: Tom Steppens)
To whomlit may concern:
p.2
FIECEIVEI)
JUN 16 2004
MI - 0
James D. Barton and wife Colleen H. Barton are the owners and taxpayers of residential
real estat in Oriental, Pamlico County, North Carolina described and recorded by
warranty heed 11 August 2003 in the Register of Deeds, Book 405 Page 690 and as
contained in Dolphin Point Subdivision, Plat Cabinet A, Slide 30-6 as follows:
Lot 36 Subdivision Oriental Two, Pamlico County
Said pro rty is also known as 104 Pelican Circle. James Arthur Construction Company
of New B rn, North Carolina is being contracted for lot preparation and the construction
of a single-family residential dwelling on said property, which comprises approximately
.41 acres, a portion of which is waterfront along Pierce Creek and which may require
minor variances to the Riparian Area Protection Rule.
Given oufi current location in Florida and our inability to be present for all aspects of lot
preparation and construction, we hereby designate and authorize James Arthur as signing
agentlof&ial in securing necessary clearances and minor variances for this project.
i
Additio ly, Mr. Arthur will be the designated local point of contact for answering
specific questions about this project, securing permits, outlining proposed activity and
providing practices, strategies and other actions as required for this project.
James D.
Property
Colleen H. Barton
Co-Owner