20041557 Ver 1_Complete File_20040917

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 7, 2004
Coastland Properties II
Attn: James E. Johnson, Jr.
1062 Laskin Road, Suite 12-A
Virginia Beach, VA 23451
Subject Property: Hobuckan Lodge, Middle Bay Road, Hobucken, NC
Middle Bay [03-04-13, 27-154, SA HQW NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1557
Wake County
Page 1 of 2
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. Johnson:
You have our approval, in accordance with the conditions listed below, to impact approximately 1,935
square feet (ft2) of Zone 2 (only) of the protected riparian buffers for the purpose of constructing a
structure on the subject property as described within your application received by the DWQ on September
17, 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] / Internet: hitr)://h2o.enr.state.nc.us/ncwetlands
None hCarolina
Naturally
An Equal Opportunity/Aff irmative Action Employer - 50% Recycled/10% Post Consumer Paper
Coastland Properties II
Page 2 of 2
December 7, 2004
3. No Impacts to Zone 1 - No impacts shall occur to Zone 1 of the protected riparian buffers
(except for uses and activities designated as "exempt" within 15A NCAC 02B .0233),
unless otherwise approved by the DWQ.
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.
Sincerely,
Alan W. Klimek, P.E.
AWK/CBK/bz
Enclosures: Coastal General Variance
Certificate of Completion
cc: Ricky Clayton, 6076 Piney Woods Road, Fairfield, NC 27826
Tom Steffens, DWQ Washington Regional Office
DCM Morehead City District Office
File Copy
Central Files
Filename: 04-1557
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
"General" Major Variance Application Form -
From the Neuse and Tar Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please Identify which Riparian Area Protection Rule applies.
a Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 40111lNedands Certification Unit; 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919.733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient)
1. Applicant's name (the corporation, individual, tc. who owns the property): ( ?7
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name:
Title:
Street address:
City, State, Zip: WETLANDS/ 401 GROUP
Telephone:
Fax:
SEf; Ir `? 2004
3. Contact person who can answer questions about the proposed project:
Name: 1. c a 1 C! ,?.. t o OTER QUALITY SECTION
Telephone:
Fax:
Email:
"General" Variance Application Form
Version 1: May 2001
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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 enhat nceme/n?t of existing vegetation, etc.):
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
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(2) How these difficulties or hardships result from conditions that are unique to the property
involved. Q
(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.
..
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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): ?-I, om!.
Mailing address: .. _,Z?Q
City, State, Zip: Z.,7 kz
Telephone:
"General" Variance Application Form, page 3
Version 1: May 2001
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: <.s___._.____.._._.....____._.___._._.._.--.-•----___-
CityState Zip r c nd C
County .?
Latitude/longitude: :..._Q._......... _._.__.._.___._..__..._._..__..._._....
6. Directions to site from nearest major intersection (Also, attach an 8 %s x 11 copy of the portion
of the USGS topographic map indicating the location of the site).
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7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream): .
j9Ll.!:cQc.l_s hz! ...._.___........-- -. - _._....._.__...._...._ _ ----------------- ---
Stream classification as Identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: _....._...._S.f...?_.....?/..4.. L...?......u..S G??............_._.__..._._.
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
.._._...... . Active Connection to Sanitary Sewer System
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.:
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
"General" Variance Application Form, page 2
Version 1: May 2001
FROM :COASTLAND CORPORATION
Fax:
Email:
FAX NO. :1-757-422-9113 Sep. 13 2004 04:33PM P3
Part 5: Appikent's Ct':rNf melon
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Asted M Part 1. Mm 2), oertlfy that the btfomtatlom imdt,ali on this permit appiicom form is
comsat, that the protect will W aon hmftd In coMomwaxe w4h qts approved plans and that the
deed restkoons In aaoordence with part d of this form will be rewftd with ON required permit
oondltiona.
Signature:
Data:
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FROM :COASTLAND CORPORATION FAX NO. :1-757-422-9113 Sep. 09 2604 09:56W P7
took Form No. 24 0001 0064
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06/24/94 LIca cauxty
STATE OF NORTH CAROLINA, PM
JOYCE 9 CAUuN
Mglstrr of a•d?
County of Pamlico
The certificate of COASTLAND CORPORATION, a North Carolina
corporation.
I hereby certify that the title is registered in the name of
COASTLAND CORPORATION, a North Carolina corporation, in and to a
certain tract or parcel of land in said County and State,
described as follows:
Situate in the County of Pamlico, State of North Carolina,
Number Four Township, beginning at a fence post on Cedar
creek, said beginning point being also shown and designated
as Point No. 1 on the attached Map entitled "Survey for
Bruce Cameron James E. Johnson, Jr." dated August 30, 1971,
and prepared by Darrel 0. Daniels, P.E.; running thence from
said beginning point south 41 degrees 31 minutes east 4309.5
feet to a creosote post, designated as Point No. 2 on the
said attached Map; thence south 32 degrees 38 minutes west
1500 feet to a creosote post designated as Point No. 3 on
the said attached map, on the edge of Big Porpoise Bay;
thence south 32 degrees 38 minutes west 217.2 feet crossing
Big Porpoise Bay to a creosote post designated as Point No.
4 on the attached Map, on the edge of said Bay; thence south
32 degrees 38 minutes west 3977.3 feet to a creosote post,
designated as Point No. 5 on the said attached Map, on the
north bank of a ditch, said creosote post being located
south 53 degrees 58 minutes east 2000 feet from a control
point designated with the letter A on the east bank of Leary
Canal, shown on the said attached Map; thence south 80
degrees 51 minutes east 5031 feet to a creosote poet,
designated as Point No. 6 on the said attached map; thence
south 38 degrees 59 minutes east 1075 feet to a creosote
past designated as Point No. 7 on the said attached map;
ty thence south 78 degrees 59 minutes east 750 feet to the edge
y of Big Porpoise Bay, passing through a creosote post located
south 78 degrees 59 minutes east 728 feet from Point No. 7,
said point on the edge of Big Porpoise Bay being designated
as Point No. a on the said attached map; running thence from
said point southeastwardly along the edge of Big Porpoise
Bay to Middle Bay Point, thence northwestwardly along the
various courses of oyster Bay, oyster Creek Gut, and Middle
Bay to a canal located a short distance southeast of the
"Leary House"; running thence along said canal North 11
degrees 41' East 380.7 feet to a point near a bend in said
canal; thence North 4 degrees 341 West 153.3 feet to a
point; thence North 71 degrees 33' west 103.1 feet to a
point; thence North 76 degrees 07' West 92.65 feet to a
point, thence South 67 degrees 58' West 114.7 feet to a
point on another canal, said canal being located a short
distance northwest of the "Leary House"; thence South 29
degrees 34' west 249.8 feet along said canal to the said
northeastern edge of Middle Bay, the intersection of the
last mentioned canal located a short distance northwest of
the "Leary House" and the northeastern edge of Middle Say
being located North 47 degrees 45 minutes West 476.15 feet
from the intersection of the aforementioned canal lying a
short distance southeast of the said "Leary House" and the
said northeastern edge of Middle Bay; thence continuing
northwestwardly along various courses of Middle Bay to a
stone at the head of Middle Bay, erected by the late C. W.
Jacobs; the same being the beginning corner of a tract of
4040 acres, more or loss, described in Torrens Certificate
issued to B. B. Cameron, September 22, 1966, and recorded in
Torrens Book 1, Page 21 in the Pamlico County Registry;
thence from said stone and said corner in a direct line
northeastwardly along the northwestern line of the tract
described in the said Cameron certificate recorded in Book
FROM :COASTLAND CORPORATION FAX NO. :1-757-422-9113 Sep. 09 2904 09:56AM PG
Boot P49.
0001 0065
1, Page 21 to the head of Cedar Crook; thence
northeastwardly along the southern edge of Cedar Creek to a
fence poet, the point of beginning. The same being Parcel B
as shown on the attached map entitled "Survey for Bruce
Cameron James E. Johnson, Jr." dated August: 30, 1971,
prepared by Darrel D. Daniels, P.E. The said Parcel B, and
the above described property being all of the aforesaid
tract of 4040 acres, more or less, described in Torrens
Certificate of Registration issued to B. B. Cameron
September 22, 1966, and recorded in Torrens Book 1, Page 21
of the Pamlico county Registry, with the exception of two
tracts conveyed by B. B. Cameron and wife to Coastland Corp.
said two tracts conveyed to Coastland being shown as Parcels
A and C, on the said map attached hereto.
Estate: Fee simple, excepting, however, one-sixteenth of all
mineral rights in and to said lands. Under decree of the Superior
Court of Pamlico County entered in a proceeding entitled "M.J.
Taylor vs. Pamlico Livestock Company, et als."
This certificate is issued to the purchaser of said tract or
parcel f land in lieu of the certificate number ' dated 44&X *
QJ , 1971, and recorded in Book Page ?
n the office of the Register of Deeds of Pam 1ico County,
N. C., which had been issued to B. B. Cameron and which has been
cancelled.
Book N6?.;_LR, page
Registered No. W_ 72
The following taxes Atha lienje.have priority., Pamlico County
ad valorem taxes.
Witness my hand and 'Peal a icta''-at Bayboro, North
Carolina, this day,:of..
r! , Register of
r ,p
o ?, f ..

FROM :COASTLAND CORPORATION FAX NO. :1-757-422-9113 Sep. 09 2004 09:57AM P9
ftok Page
0001 0066
IIUD
PAMLICO 016/16 C03 25 IN
Form No. 37 3OTC1 e. claim
MaUter Of Duds
TRANSFER OF PART OF A REGISTERED ESTATE
STATE OF NORTH CAROLINA,
Registered Numb**"
&a A04 S0
County of Pamlico
DANIEL D. CAMERON and JAKE V. HARDEE, of New Hanover County,
State of North Carolina, as Trustees for Rachel Lynn Cameron
under the terms of a written trust agreement dated February 14,
1991, hereby, in consideration of the sum of $1.00, and in
exchange for property of like kind, sell and convey to COASTLAND
CORPORATION, a North Carolina corporation, a one-half (1/2)
undivided portion or interest in and to the lot or tract or
parcel of land described in the certificate of title hereto
attached, said certificate being Registered No. Book No. ,v
/ page no. __T &., in the office of the Reg si tar of Deeds of
Pamlico County, Ndrfh Carolina; said portion of said estate or
interest hereby transferred being more particularly described as
follows, to wit:
A one-half (1/2) undivided interest in and to the following
tract or parcel of land, lying and being in Pamlico County,
North Carolina, and more particularly described as follows:
Situate in No. 4 Township, Pamlico County, on the North side
of Jones Bay. Beginning at an iron and concrete marker on
the north side of Jones Bay about 40 poles below the mouth
of the Purser ditch and about 40 poles above the mouth of
the Hopkins ditch, and running from thence North 3 degrees
West 127 poles to an iron and concrete marker; thence South
70 degrees East 11 1/2 poles to an iron and concrete marker
on the edge of the old cart road; thence with same North 2
de rasa West 45 1/2 poles to a stone on the West side of the
Main Road; thence North 50 degrees West crossing the road 4
1/4 poles to the corner of the Samuel Simpson patent; thence
0?. North 12 1/2 degrees East 66 poles to an iron and concrete
marker; thence North 44 degrees East 52 poles to an iron and
concrete marker by the Gibbs O)d Field; thence North 44
degrees West 36 1/2 poles to an iron and concrete marker;
thence North 68 degrees West 17 poles to an iron and
(h concrete marker by a dead pine; thence South 12 degrees West
F 82 poles to an iron and concrete marker; thence North 83
degrees West 73 1/4 poles by two pine stumps; thence with an
old marked line North 5 degrees West 110 poles to a stone on
a lightwood stump) Gordon patent corner; thence North 40 1/2
degrees East 80 poles to a stone; thence North 66 degrees
West 66 poles to a stone near Saddler's house; thence North
63 degrees East 24 1/4 poles to an iron and concrete marker
by a pine; thence North 21 degrees West 26 1/4 poles to an
iron axle on the lead ditch; thence with said lead ditch
North 68 1/2 degrees East 12 poles to an iron and concrete
marker; thence South 21 1/2 degrees East 25 1/4 poles to an
iron and concrete marker; thence North 63 degrees East 86
poles to an iron and concrete marker by the lead ditch;
thence North 86 3/4 degrees East with the various courses of
the ditch about 175 yards to a stone at the head of Middle
Bay; thence a Southwestwardly course with the water edge of
Middle Bay to a stone by the water edge of Prescott Say;
thence southeastwardly with the water edge of Middle Bay to
Sow Point, the intersection of Jones Bay; thence
northwestwardly with the waters edge of Jones Bay to the
beginning, containing thirteen hundred sixty (1360) acres,
more or less.
PAMLICO COY6TI PC 006/06
$1195.00
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Note: Property owner proposes to request a varaince . /
to eacroaci onto zone 2 in tie anoant of 2375 sq. ft
mitt am structure crib an a0mance of 440 sq. ft. tiat , -
is currently covered by stone. Besotting in a net '
eacroacioent area of 1935 sq. ft.

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Line baring Distance
1 N 56°09'2" E 16.39'
2 N 2031'49"IF 14.25'
3 N 25°46'31" E 14.84'
4 16102411 "E 17.12'
5
6 R 77°49'47' E 20.08'
S 52°30'151 13.41'
Proposed Site Improvements for
7
8 S 11045,0111 16.27'
S 8°22'14"E 26.63'
James E. Johnson Jr./Coastland Properties II
9 S 49°28'06" W 13.76'
°
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y
10 S 80
W 27.04
05
38
11 S 70°01'19" W 14.39' Hobucken, North Carolina
`????•Q?N,G?R??d?y Number roar Township, Pamlico county
V August 20, 2004 Scale: 1" = 40'
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DENNIS FORMES A ASSOCIATES, PROFESSIONAL LAND SURVEYING, P.O. BOX 12947, NEW BERN, N.C. 28561