HomeMy WebLinkAbout20011671 Ver 1_COMPLETE FILE_20011113?OF WATF,
P
O
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
> -1 Alan W. Klimek, PE, Director
O -C Division of Water Quality
September 16, 2002
Mr. & Mrs. Charles M. Becker
12 West Lane
Bay Shore, NY 11706
Subject Property: Lot # 31, Neuse Winds Subdivision, Orchard Creek, Oriental, NC
Bright Creek [03-04-10; 27-134-1; SA HOW (High Quality) NSW]
DWQ Project #01-1671
Pamlico County
Page 1 of 2
APPROVAL for the use of the Structures VARIANCE; on Existing Lot ?hin the Coastal Counties as defined eby
Rules for the Construct/on of Residential
the Coastal Area Management Act with ADDITIONAL CONDITIONS
Dear Mr. Becker:
You have our approval, in accordance with the conditions listed below, to impact approximately 1,500 fe of Zone 2 only of
the protected riparian buffers for the purpose of constructing the proposed 75'x75' home on the subject property as
described within your application dated November 1, 2001 with revised site plan received by the DWQ on July 30, 2002.
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 it is renewed before that time by the EMC.
This approval is only valid 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. For this
approval to be valid, you must follow the conditions listed below.
Conditions:
1. No impacts shall occur to Zone 1 of the protected riparian buffer. If you determine that clearing within
Zone 1 is required to construct the house, then you are required to submit a plan to this office to receive
written authorization from the DWQ prior to the conducting any clearing within Zone 1 and will be required
to restore any impacted areas.
2. The outside Zone 1 buffer boundary shall be clearly marked with orange fabric fencing (or similar highly
visible material) for the areas that have been approved to infringe within Zone 2 of the buffer prior to any
land disturbing activities to ensure compliance with 15A NCAC 2B .0233.
3. All new stormwater drainage shall be directed to vegetated areas 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.
4. 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.
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)
oia_7zq-i7RR (nhone). 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
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 213 .0233 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Ms. Deborah Sawyer at 252-946-6481 if
you have any questions or require copies of our rules or procedural materials.
Sincerely,
Kli ek, P.E.
r, DWQ
cc: Deborah Sawyer, DWQ Washington Regional Office
Terry Moore, DCM Washington Regional Office
File copy
Central Files
bz
DW O011671
September 16, 2002
EXHIBIT A
PAMLICO COUNTY HEALTH DEPARTMEJT
SYSTEM LOCATION & DESIGN v
DATE . 8-30-96
PIN # K0?°-7Z-31 `
RECORD # 13497
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RECORD M 13497
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Alan W. Klimek, PE, Director
Division of Water Quality
July 5, 2002
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Charles & Barbara B. Becker
12 West Lane
Bay Shore, NY 11706-8614
DWQ Project # 01-1671
Pamlico County
Subject Property: Lot # 31, Neuse Winds S/D, Orchard Creek, Oriental, NC
Brites Creek [03-04-10; 27-134-1; SA HOW (High Quality) NSW (Nutrient Sensitive)]
Dear Mr. and Mrs. Becker:
On November 13, 2001, the Division of Water Quality (DWQ) received your request for a variance from the
Neuse Buffer Rules (15A NCAC 2B.0233). The DWQ has determined that your proposed project is eligible, if
approved, 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. The DWQ is preparing to approve your variance request however additional
information is required to determine that you have minimized your proposed impacts to Zone 1 of the protected
buffers as required under the general variance. Therefore, unless additional information is provided as
described below, we will have to move toward denial of your request per 15A NCAC 2B.0233(9) and will place
this project on hold as incomplete until we receive this additional information. Please provide us with information
supporting your position that states your project must be constructed as planned and that you have no practical
alternative to impacting these protected riparian buffers. Specifically:
1. Please provide the location of the protected buffers on the property. Please note that the 50-foot buffers
apply to any coastal wetlands as defined by the NC Division of Coastal Management and/or surface waters
(whichever is most landward).
2. Please provide the area (in square feet) of any impervious surfaces (i.e., home, deck, etc.) that are proposed
within Zone 1 and 2 of the protected buffers. Please be aware that buffer mitigation will be required for any
approved Zone 1 impacts. Please note that if you can avoid impacts to Zone 1 by staying at least 30 feet
from the coastal wetlands and surface waters, then no mitigation will be required. The property is approved
for a three bedroom home however the proposed site plan shows a 75'x75' (5,625 square foot) home
footprint. It appears that your could reduce or realign the proposed footprint to avoid the Zone 1 impacts and
mitigation.
You may obtain more information on the Neuse River Buffers by reviewing the attached Fact Sheet or by visiting
the following web site. http://h2o.enr.state.nc.uslnpsINeuse NSW Rules.htm#Neuse Riparian Buffer Protection
Rule
Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me
and to Ms. Deborah Sawyer of the DWQ Washington Regional Office at (252) 946-6481. 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. Bob Zarzecki of this office at (919) 733-9726 if you have any questions.
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
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/
Page 2 of 2
Sincerely,
G
John Dorney,
Wetlands/ 401 Unit, DWQ
Attachment: Buffer Fact Sheet
cc: Deborah Sawyer, Washington Regional Office
File copy
Central Files
DW Q011671
July 5, 2002
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PAML 0 COUN'T'Y 203 NORTH STREET
PO BOX 306
H BAYBORO, NC 28515
252-745-5111
252-745-7684 FAX Q
DEOARTMENT
August 31, 2001
Dear Pamlico County Landowner,
In 1997, the North Carolina Legislature appointed a commission to protect the water quality
and the environment in Eastern North Carolina. Legislation has been passed that may affect the
intended use of your property. In a consolidated effort of the Pamlico County Commissioners and the
Pamlico County Board of Health, the Commission has established a special provision for you. As a
Pamlico County landowner, there is a new window of opportunity to obtain a "General Variance", as
approved by the Water Quality Committee of the Environmental Management Commission on
5/09/2001. This variance expires on April 11, 2006.
This is your window of opportunity to apply for a variance to plan for future land use. Basically,
you must provide written proof to the State that the land was platted and recorded prior to August 1,
2001. Secondly, the State will recognize a lifetime septic permit issued by the Pamlico County Health
Department as a substantial outlay if dated prior to August 1,2001. Thirdly, the variance remains with
the property just like the septic permit for the life of the land.
Our records indicate that you have a valid lifetime permit for your property in our records. In
order for you to ensure the intended use of the land, you need to complete the enclosed variance
request. This process should be initiated as soon as you possibly can. Applications should be mailed
to DWQ 401 /Wetlands Certification Unit, 1650 Mail Service, Center, Raleigh, NC 27699-1650.
The Pamlico County Health Departments goal is to assist you as much as possible with our
limited resources. Copies of your permit, plat, and other surveys (if in our records) are available at a
cost of $5.00 and will be mailed directly to you to be included with your application.
Send a written request to: Kristie Mitchell
PO Box 306
Bayboro, NC 28515
Enclosures: General Variance Application
DWQ Special Rules
Thank You,
Jenny?assiter
10 Pamlico County Health Director
jVkm
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.
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
?iii? .. Ji. a1?A6`nFS; J"N^ii "'NMrP++. Y4YW:.`YY „?a...).. Yd.+3"+SAW M ti2N 1M%N"•.rtA'dt3 ?,+Yl.YNY S:i)4.2KY,+RB+e, :'.? ?"<Z^'^"?:'"e?N ...M". -.- b.N.bY.Wr. .I.a::..N .- '.., ..2 cR.. .YYa
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 4011Wedands 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.)
s ?ame (the corporatign, individual, etcoo ownVhe property):
2
Print Owner/Signing
Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
ally rresponj?ible for
f A ?,,- b wl a -
its compliance)
3. Contact person who can answer questions about the proposed project:
Name: S14-1iF
Telephone: (, )
Fax: (....._..... )
"General" Variance Application Form
Version 1: May 2001
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, 9yeretiog and maigtenance agreements, etc.):
5.
Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 Y2 x 11
of t be USGS topograph' map) in icating the location of the site): //??
nIM ie)rj b.ti?f T" 1JL.,v S,4" AIE- 70 ' S,/C. ) 32
copy of the portion
STS, /3/7
7. Stream to be impacted by the proposed activity:
Stream namp (for uunnamedPreams label as,,ur to the nearest named stream):
/0 1
Stream classification [as identified within the Schedule of Classiflc ions 15 N/? CAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]: I EA- A)C-4C 28 , Q, LE !?4&C s)
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
_96 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 ft2.: us e
"General" Variance Application Form, page 2
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduce or recoligured to bet er mini or eiirr?inate disturbance o the riparian buffers:
o. ( p !?-,v?viiu'q a,S 6 '0 clove m/v sl 7Le
??•??•?,i
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,
r-pl,anting vegetation or enhancement of existing vegetation, etc.):
n n/ /'/1f C` r iviiw//n?GGa, UQO_ a-, ?rY? l?a? i?t Cdr-eO-S
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
1 . i, ds uv_ 7'?h?C D/DOer h e? n..sz o i?J? O [.ll? I ?f-,
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardship and t e ropotr- of the,hardship to the entire vy?lue of the project.
f= l &, eY --Ai it CAA-w-la r A?o t, 6 e ?DOi,?
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): _
Mailing address:
"General" Variance Application Form, page 3
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
1, eC 14r (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:
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
(919) 733-9726 (phone)
http://h2o.enr.state.nc.us/ncwetlands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Nauss Road, Suite 120
Raleigh, North Carolina 27615
General Number. (919) 876-8441
http:/twww.saw.ussee.army.mil/wetiands/regtour.htm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number. (252) 975-1616
http://www. saw. usace.army. mil/wetlands/regtour. htm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
phone: 252/946-6481
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
phone: 252/808-2808
"General" Variance Application Form, page 4
e;) lW N e-r
sao? ?6 '471
'90 At 9 mu 05
NORTH CAROLINA AM E. ;A.IAWAN
PAMLICO COUNTY FAM4TER OF 11
THIS DEED, made and eftft b jo?*TT%.6th day of June, 1990,
by and between H. L. STEPHENSON, INC., a North Caroiina corpora-
tion, hereinafter called "grantor", and CHARLES M. BECKER and
wife, BARBARA B. BECKER, 12 West Lane, Bay Shore, New York
11706, hereinafter called "grantees";
W I T N E S S E T H:
That grantor, for and in consideration of the sum of ten
dollars and other good and valuable considerations to it in hand
paid, the receipt of which is hereby acknowledged, has bargained
and sold, and by these presents does bargain, sell and convey to
the said Charles M. Becker and wife, Barbara B. Becker, and
their heirs and assigns., a certain lot or parcel of land in
Number Two (2) Township, Pamlico County, North Carolina,
particularly described as follows:
Lot Thirty-one (31) of Neuse Winds Subdivision as
shown on a map dated April 24, 1989, prepared by
Herbert J. "Josh" Nobles, Jr., RLS, entitled "PLAN OF
NEUSE WINDS", recorded in Plat Cabinet A, Slide 43-7,
Pamlico County Registry.
$1
i? 8
Alm,
PREPARED SY
HOI OWELL E. HOLLOWELL
ATTORNEYS AT LAW
SAYSORO. N. C
2Es15
EXCEPTING, however, from said lot the eastern portion
thereof, which is particularly described, according to
a map by said Nobles, dated November 1, 1989, entitled
"REVISED PLAN OF LOTS 31 AND 32 NEUSE WINDS", copy of
which is attached hereto and is incorporated herein,
as follows: BEGINNING at the northeastern corner of
Lot 31, and running thence with the western edge of
Orchard Point Road South 110 51' West 48.40 feet to
the southeast corner of Lot 31; thence North 81° 52'
28" West 155 feet; thence North 080 07' 32" East 54.87
feet to the 40-foot driveway; thence North 850 00' 19'
East with the south line of the driveway 17.19 feet to
the cul-de-sac; thence with the cul-de-sac to Brite
Lane; thence South 700 31' 19" East with the southern
edge of Brite Lane 99.63 feet to the point of
BEGINNING, said portion of Lot 31 being for a septic
system for Lot 32 of the Neuse Winds Subdivision.
AS AN APPURTENANCE TO SAID LOT 31 there is conveyed
herewith a perpetual non-exclusive easement for
ingress, egress and regress for vehicular and
pedestrian traffic and for all utility services to Lot
31 to and from Lot 31 and the Brite Lane cul-de-sac
over and across a 40-foot wide corridor, a portion of
Lot 32 of the subdivision, which is shown on the said
November 1, 1989 Nobles map hereinabove referred to
and is described as follows: BEGINNING at the point in
the original dividing line between Lots 31 and 32
which is 20.18 feet North 420 46' 45" West from the
northwest corner of the EXCEPTED portion of Lot 31
hereinabove described, and running thence South 66°
42' 04" East with said original dividing line to the
cul-de-sac; thence northwestwardly with the cul-de-sac
40 feet; thence South 850 00' 19" West 31.50 feet to a
point in the original dividing line between the lots;
thence South 660 42' 04" East with said line 30.20
feet to the point of BEGINNING.
"o 4 26 8 "' 472
Said lot is subject to the Restrictive Covenants dated
June 29, 1989 recorded in Book 261 at Page 61, and
amended by instrument dated January 3, 1990, recorded
in Book 265 at Page 26, Pamlico County Registry; and
the Subdivision Street Disclosure Statement dated July
19, 1989, recorded in Book 261 at Page 388, Pamlico
County Registry.
EXCEPTING all utility easements of record.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land,
together with all privileges and appurtenances thereunto
belonging, to the said Charles M. Becker and wife, Barbara B.
Becker, and their heirs and assigns, in fee simple forever.
And grantor, for itself, its successors and assigns,
covenants with grantees and their heirs and assigns, that it is
seized of said premises in fee; that it has a perfect right to
convey the same in fee simple; that the same are free and clear
of all encumbrances whatsoever, except those hereinabove stated;
and that it will warrant and defend the title to the same
against the lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, grantor has caused this instrument to
be signed in its corporate name by its president, attested by
its secretary, and its common corporate seal to be affixed, all
the day and year first above written.
H. L. STEPHENSON, INC.
By ???G a' aE f f ?/c Lsg?-'-
reside t
MPPARM sV
HOLLOWELL & HOLLOWELL
ATTORNEYS AT LAW
BAVB O.N.C.
2WIS
ATTEST:
i
/c.. A -
Secretary
(CORPORATE SEAL)
DOOM 268 'AU 47`3
NORTH CAROLINA
COUNTY. F PAMLI cC,O,
I?,"? ??/?6-? k Qe? a Notary Public in and for said
count and state, do hereby certify that PAULETTE F. STEPHENSON,
attes ing officer, personally came before me this day, and being
by me duly sworn, acknowledged that she is Secretary of H. L.
STEPHENSON, INC., a corporation, and that by authority duly
given and as the act of said corporation, the foregoing instru-
ment was signed in its name by its President, and attested by
herself as its Secretarv.
71essmy hand and official seal,
of 1990.
.a
My commission expires:/.-,2_G this the '574 day
Notary Public
11 ( NOTARY
NORTH CAROLINA PUBLIC
PAMLICO COUNTY
aG.
The foregoing certificate of/.
?C?•1
a notary public in and for said bounty and state i?s certified to
be correct.
Register of Deeds
Asst. Register of Deeds
PREPARED By
NOLLOWELL 6 FIOLLOWELL
ATTORNEYS AT LAW
BAYBORO. N. C.
26313
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IMPROVEMENT PERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH b NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH, ON-SITE WASTEWATER SECTION
COUNTY: PAMLICO PIN: K08-72-31
RECORD NUMBER: 13497
OWNER: Charles b Barbara Becker PHONE NUMBER•(919) 249-1372
OWNER'S ADDRESS: 12 West Lane
Bay Shore. NY 11795-8416
ADDRESS/LOCATION OF PROPERTY:Neuse Winds S/D Lot 931-Orchard Creek
Drive-Paalico
SUBDIVISION: Neuse Wtads PHASE: N/A LOT: 31
TYPE OF ESTABLISHMENT
RESIDENCE: (x)YES ( )NO
NUMBER OF OCCUPANTS: 6 Max
OTHER (DESCRIBE)
BASEMENT PLUMBING: YES( )
TYPE OF WELL: (x)PUBLIC
TYPE OF WASTEWATER SYSTEM:
NUMBER OF BEDROOMS 3
DESIGN FLOW (GPD) 360
NO(x)
( )WELL ( )OTHER
(SEE TABLE V)TYPE II(c) Shal
INSTALLATION DESCRIPTION INITIAL REPAIR
DESIGN FLOW (GPD) 360 360
LONG-TE RM ACCEPTANCE RATE (GPD/SFT) 0.4 0.4
ABSORPT ION AREA (SFT) 900 900
TRENCH WIDTH (FT) 3' 3'
TRENCH SPACING (MIN.) (FT) 910C 910C
TOTAL T RENCH LENCTH (FT) 300' 300'
NUMBER OF TRENCHES 3(100)=300 3(100)=300
SEPTIC TANK VOLUME (CL) 1000 1000
TRENCH BOTTOM FROM NATURAL GROUND LEVEL -12" -12"
CONDITIONS:Etther Chambered or Polystyrene Aggregate can be used for
initial and repair systeas to aaxiaize available building space by
allowing for a 25% reduction in total line length upon owner's request
Exhibit A depicts shallow conventional septic systea design.
House location is optional but dratafield is not. Observe all setbacks
THIS PERMIT SHALL BE ACCOMPANIED BY A LAYOUT SHOWN ON A PLAT
INCLUDING A SYSTEMS SPECIFICATION SHEET WHICH SHALL BE AN INTEGRAL
PART OF THIS IMPROVEMENT PERMIT.
THIS IMPROVEMENT PERMIT MUST BE ATTACHED TO A CONSTRUCTION
AUTHORIZATION BEFORE OBTAINING A BUILDING PERMIT OR OTHER
CONSTRUCTION PERMITS AND BEFORE A WASTEWATER SYSTEM IS INSTALLED.
THIS IMPROVEMENT PERMIT IS SUBJECT TO REVOCATION IF THE SITE PLANS OR
THE INTENDED USE CHANGE FROM THOSE SHOWN ON THE IMPROVEMENT PERMIT
CHANCES FROM THE ABOVE SHALL REQUIRE HEALTH DEPARTMENT APPROVAL.
DEHNR AUTHORIZED AGENT: ,/ o? ??l DATE; 8-30-96
NO. OF ATTACHMENTS: lrysarrrs ,?' I?
EXHIBIT B-2
SECTIONAL VIEW
Shallow Placement
Treatment and
Disposal Fields
chos of crushod 12'
rock over pipe
A crushed
n
:hes of crushod stone
?
rock under pipe
ch or 6-Inch perforated pipe,vril
e ?A.V4•Inch diameter holes on
ch centers along length of pipe
6 Inches of soil
cover over trench
d Surface;.
I - 36 I hes - I
ON CENTERS
12 ldchos
Unsuitable soil condition
round Surface
MAP 0 AC9-7A? 3/ NUMBER OF LINES: 3
PERMIT 13497 LKNC9'11 OF LINES:
Side vlow of an on-alto system using a
distrlbution box and convontlonal gravity-fod trenches.
Se llc lank Troatmont and
p Distribution box disposal tronch
• ? G R..rTE,s ?--
EXHIBIT A e'P?K
PAMLICO COUNTY HEALTH DEPARTM T
SYSTEM LOCATION A DESIGN
DATE 8- 30-96
t RO8- 7 2-
- 31
RECORD # 13497
SCALE 111=50' p
X31 ? ?
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Re: 1Fwd: Snow 01 17631
Subject: Re: [Fwd: Snow 0117631
Date: Tue, 05 Feb 2002 14:23:34 -0500
From: Bob Zarzecki <bob.zarzecki @ncmail.net>
Organization: Division of Water Quality; 401 Certification Unit
To: Deborah Sawyer <Deborah.Sawyer@ncmail.net>
Will do.
Deborah Sawyer wrote:
Bob,
Because of all our congested schedules and I don't
soon, please look at all the variance requests for
they qualify and it looks reasonable, go ahead and
Doug Hylton's, I can assure you he has minimized t
Deborah
see a break any time
"Generals" and if
issue. If any are
ze impacts. Thanks.
Subject: Snow 011763
Date: Tue, 05 Feb 2002 09:23:24 -0500
From: Bob Zarzecki <bob.zarzecki@ncmail.net>
Organization: Division of Water Quality; 401 Certification Unit
To: deborah sawyer <deborah.sawyer@ncmail.net>,
"Tom Steffens (WaRO)" <Tom.Steffens@ncmail.net>
Deborah and Tom,
I just received the first of what is sure to be many phone calls checking on variance requests from the last
couple months. This message was from Doug Linderman concerning the Snow 011763 variance. Please
provide regional office comments on this by responding to this email or include them in Filemaker (be
sure to let me know they're there). I need comments ASAP. I need to call Doug back today or
tomorrow. Thanks.
As soon as I get a free moment, I'll be going through the following twelve (12) variances and acting on
as many as possible. Please provide comments on these as well. If you have already provided comments
on any of these please let me know because I can't find any record of them. Thanks.
- Bob
01 1770 Maynard
011795 Renno
01 1796 Brown
011618 Schneider (Tom, I have an email that said you were going to look at this, but no follow up
email. Did you get a chance?)
011611 Richman
01 1647 Widmar
011671 Becker
011799 Knutson
01 1704 Briggs
011.557 Welton
011575 Newman
I o1'2 2/8/02 1:17 PM
Re: [Fwd: Snow 0117631
011541 1,111ey
Bob Zarzecki
NC DENR/DWQ 401 Wetlands Certification Unit
919-733-9726
2 of 2 2/8/02 1:17 PM
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Triage Check List
Date: / O /
To: ?RRO Steve Mitchell Project Name
?FRO Ken Averitte DWQ Project Number
DVfa_RO Deborah Sawyer County 7 ??ml < <
?WiRO Joanne Steenhuis
?WSRO Jennifer Frye
?ARO Mike Parker
?MRO Pete Colwell
From: Telephone (919) 733-
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USGW topo maps
minimization/avoidance issues
uffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concerns
Comm
?L CQ.
COUNTY
DEPARTMENT
August 31, 2001
Dear Pamlico County Landowner,
203 NORTH STREET
PO BOX 306
BAYBORO, NC 28515
252-745-5111
252-745-7684 FAX
011671
In 1997, the North Carolina Legislature appointed a commission to protect the water quality
and the environment in Eastern North Carolina. Legislation has been passed that may affect the
intended use of your property. In a consolidated effort of the Pamlico County Commissioners and the
Pamlico County Board of Health, the Commission has established a special provision for you. As a
Pamlico County landowner, there is a new window of opportunity to obtain a "General Variance", as
approved by the Water Quality Committee of the Environmental Management Commission on
5/09/2001. This variance expires on April 11, 2006.
This is your window of opportunity to apply for a variance to plan for future land use. Basically,
you must provide written proof to the State that the land was platted and recorded prior to August 1,
2001. Secondly, the State will recognize a lifetime septic permit issued by the Pamlico County Health
Department as a substantial outlay if dated prior to August 1,2001. Thirdly, the variance remains with
the property just like the septic permit for the life of the land.
Our records indicate that you have a valid lifetime permit for your property in our records. In
order for you to ensure the intended use of the land, you need to complete the enclosed variance
request. This process should be initiated as soon as you possibly can. Applications should be mailed
to DWQ 401/Wetlands Certification Unit, 1650 Mail Service, Center, Raleigh, NC 27699-1650.
The Pamlico County Health Department's goal is to assist you as much as possible with our
limited resources. Copies of your permit, plat, and other surveys (if in our records) are available at a
cost of $5.00 and will be mailed directly to you to be included with your application.
Send a written request to: Kristie Mitchell
PO Box 306
Bayboro, NC 28515
Enclosures: General Variance Application
DWQ Special Rules
Thank You,
Jennilsiter
10 Pamlico County Health Director
jVkm
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
"General" Major Variance Application Form -
From the Meuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
?Yi?i. }WAN NYin$}? k 'A'SS Ytr"iOO,VY+.l"'a^ t )... ltli .. A:A i.tC1YMY? hJa`.Y')r^)'e »+3. -?:Y 'iN%>"W"N M d??4MYt^??:R3MY2'r`3. AeEltt iY.%YY.^:>eN:...N.. '•-.. .YS..R:: +,T:iiX
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
originalgad two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 4011Wedands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919.733-1786 to constitute a complete
submittal. This torn may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
s ?ame(tnhe co?orati9n, individual, etc. w o own he property):
/P S' /?'/ 'F /7 arty ?.
2.
Print Owner/Signing
Name: _
Title:
Street address:
City, State, Zip:
Telephone:
Fax:
t
for
its compliance)
3. Contact person who can answer questions about the proposed project:
Name: S 4M f
Telephone: ( .................)
Fax: (......
"General" Variance Application Form
Version 1: May 2001
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, lettetrs, QRergtiog and maintenance agreements, etc.):
5
Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 '/ x 11
of pe USGS topog h map in icating the location of the site):
nm r?r/ ?.ti -" 1Le-,v S - /VE_ -A S, /Q. 132
copy of the portion
S R,13/ 7
7. Stream to be impacted by the proposed activity:
Stream names (for unnamed streams label as "LIT" to the nearest named stream):
,« r ? Lr-e-y
Stream classification [as identified within the Schedule of Classifications 15? NCAC 2B .0315
(Neuse) or .0316 (Tar-Pamlico)]: l S.4 i(lC ?¢C 28 , 031 (/!/?S
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received:
_? ?vll?
Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
:7_9,6 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.)
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.: _?) a p,
ho?.?s 2
"General" Variance Application Form, page 2
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduce or((reco?r{'figured to bet er minj'mize or eliminate disturbance ]to? the riparian buffers:
? ?ii??i-712e
T.>> d l 0litiVA//N'9 D?,s d ee/t/ ?laNe mN Sr7 ?
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,
r?.:R!pnting vegetatio nor enhancement 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
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. // /J/ /
11. 1,`B uv_ '7? 4h,-C O id A,/ I 1-k
(3) If economic hardship is the major consideration, then include a speck explanation of the
economic hardship and theroport' n of the hardship to the entire v lue of the project.
f=cnAJ orv,I? 14 a-11th Z D t r er /,/Dud( 7. ?DO?
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):
Mailing address:
"General" Variance Application Form, page 3
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
I, C h I e S '41( A e-r- 14r (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:
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
(919) 733-9726 (phone)
http://h2o.enr.state.nc.us/ncwetlands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
General Number. (919) 876-8441
http:/ANww.saw.usace.army.mil/Wetlands/regtour.htm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number. (252) 975-1616
http:/twww.saw.usace.army.mil/wetlands/regtour.htm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
phone: 252/946-6481
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
phone: 252/808-2808
"General" Variance Application Form, page 4
WNW
says ?6 k. Y71
PAM
`96 At 9 An 11(4
NORTH CAROLINA JOYOE E. ;/,.jAwAj(
PAMLICO COUNTY FAM4TER OF
THIS DEED, made and efAftb I% '6th day of June, 1990,
by and between H. L. STEPHENSON, INC., a North Carolina corpora-
tion, hereinafter called "grantor", and CHARLES M. BECKER and
wife, BARBARA B. BECKER, 12 West Lane, Bay Shore, New York
11706, hereinafter called "grantees";
W I T N E S S E T H:
That grantor, for and in consideration of the sum of ten
dollars and other good and valuable considerations to it in hand
paid, the receipt of which is hereby acknowledged, has bargained
and sold, and by these presents does bargain, sell and convey to
the said Charles M. Becker and wife, Barbara B. Becker, and
their heirs and assigns., a certain lot or parcel of land in
Number Two (2) Township, Pamlico County, North Carolina,
particularly described as follows:
Lot Thirty-one (31) of Neuse Winds Subdivision as
shown on a map dated April 24, 1989, prepared by
Herbert J. "Josh" Nobles, Jr., RLS, entitled "PLAN OF
NEUSE WINDS", recorded in Plat Cabinet A, Slide 43-7,
Pamlico County Registry.
R "ARM By
HKK OWn G HOLLOWFLL
ATTORMYS AT LAW
BA V BORO. N. G.
2SSIS
EXCEPTING, however, from said lot the eastern portion
thereof, which is particularly described, according to
a map by said Nobles, dated November 1, 1989, entitled
"REVISED PLAN OF LOTS 31 AND 32 NEUSE WINDS", copy of
which is attached hereto and is incorporated herein,
as follows: BEGINNING at the northeastern corner of
Lot 31, and running thence with the western edge of
Orchard Point Road South 110 51' West 48.40 feet to
the southeast corner of Lot 31; thence North 810 52'
28" West 155 feet; thence North 080 07' 32" East 54.87
feet to the 40-foot driveway; thence North 850 00' 19'
East with the south line of the driveway 17.19 feet to
the cul-de-sac; thence with the cul-de-sac to Brite
Lane; thence South 70° 31' 19" East with the southern
edge of Brite Lane 99.63 feet to the point of
BEGINNING, said portion of Lot 31 being for a septic
system for Lot 32 of the Neuse Winds Subdivision.
AS AN APPURTENANCE TO SAID LOT 31 there is conveyed
herewith a perpetual non-exclusive easement for
ingress, egress and regress for vehicular and
pedestrian traffic and for all utility services to Lot
31 to and from Lot 31 and the Brite Lane cul-de-sac
over and across a 40-foot wide corridor, a portion of
Lot 32 of the subdivision, which is shown on the said
November 1, 1989 Nobles map hereinabove referred to
and is described as follows: BEGINNING at the point in
the original dividing line between Lots 31 and 32
which is 20.18 feet North 420 46' 45" West from the
northwest corner of the EXCEPTED portion of Lot 31
hereinabove described, and running thence South 660
42' 04" East with said original dividing line to the
cul-de-sac; thence northwestwardly with the cul-de-sac
40 feet; thence South 850 00' 19" West 31.50 feet to a
point in the original dividing line between the lots;
thence South 660 42' 04" East with said line 30.20
feet to the point of BEGINNING.
aW 26 8 "q 472
Said lot is subject to the Restrictive Covenants dated
June 29, 1989 recorded in Book 261 at Page 61, and
amended by instrument dated January 3, 1990, recorded
in Book 265 at Page 26, Pamlico County Registry; and
the Subdivision Street Disclosure Statement dated July
19, 1989, recorded in Book 261 at Page 388, Pamlico
County Registry.
EXCEPTING all utility easements of record.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land,
together with all privileges and appurtenances thereunto
belonging, to the said Charles M. Becker and wife, Barbara B.
Becker, and their heirs and assigns, in fee simple forever.
And grantor, for itself, its successors and assigns,
covenants with grantees and their heirs and assigns, that it is
seized of said premises in fee; that it has a perfect right to
convey the same in fee simple; that the same are free and clear
of all encumbrances whatsoever, except those hereinabove stated;
and that it will warrant and defend the title to the same
against the lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, grantor has caused this instrument to
be signed in its corporate name by its president, attested by
its secretary, and its common corporate seal to be affixed, all
the day and year first above written.
H. L. STEPHENSON, INC.
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reside t
ATTEST:
/c A-
-7 Secretary
(CORPORATE SEAL)
PREPARED BY
NOLLOWILL 6 HOLLOW7-L
ATTORN[VS AT LAW
BAVBORO. N. C.
US'S
took ?_S8 '?;E 47'3
NORTH CAROLINA
COUNTY. F PAMLICO-
I a Notary Public in and for said
counand state, do hereby certify that PAULETTE F. STEPHENSON,
attesting officer, personally came before me this day, and being
by me duly sworn, acknowledged that she is Secretary of H. L.
STEPHENSON, INC., a corporation, and that by authority duly
given and as the act of said corporation, the foregoing instru-
ment was signed in its name by its President, and attested by
herself as its Secretary. 6
,7ess my hand and official seal, this the day
of 1990. ---
??
Notary Public
My commission expiresq -
NOTARY
NORTH CAROLINA PUBLIC
PAMLICO COUNTY
//
The foregoing certificate oP?, G?!fiJfi.j
CC•a notary public in and for said,pounty and state is certified to
be correct.
Register of Deeds
ZL??? ' '
Asst. Register of Deeds
-"AXCO BY
HOLLOW & HOLLOW
ATTO NZYS AT LA W
BAVBONO. N. C.
28815
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IMPROVEMENT PERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH b NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH, ON-SITE WASTEWATER SECTION
COUNTY: PAMLICO PIN: K08-72-31
RECORD NUMBER: 13497
OWNER: Charles b Barbara Becker PHONE NUMBER:(919) 249-1372
OWNER'S ADDRESS: 12 West Lane
Bay Shore. NY 11795-8416
ADDRESS/LOCATION OF PROPERTY:Neuse Winds S/D Lot •31-Orchard Creek
Drive- Pamlico
SUBDIVISION: Neuse Winds PHASE: N/A LOT: 31
TYPE OF ESTABLISHMENT
RESIDENCE: (z)YES ( )NO NUMBER OF BEDROOMS 3
NUMBER OF OCCUPANTS: '6 Max. DESIGN FLOW (GPD) 360
OTHER (DESCRIBE)
BASEMENT PLUMBING: YES( )
TYPE OF WELL: (z)PUBLIC
TYPE OF WASTEWATER SYSTEM:
NOW
( )WELL ( )OTHER
(SEE TABLE V)TYPE II(c) Shallow Placement
INSTALLATION DESCRIPTION
INITIAL REPAIR
DESIGN FLOW (GPD) 360 360
LONG-TE RM ACCEPTANCE RATE (GPD/SFT) 0.4 0.4
ABSORPT ION AREA (SFT ) 900 900
TRENCH WIDTH (FT) 3' 3'
TRENCH SPACING (MIN. ) (FT) 910C 910C
TOTAL T RENCH LENCTH (FT) 300' 300'
NUMBER OF TRENCHES 3(100)=300 3(100)=300
SEPTIC TANK VOLUME ( CL) 1000 1000
TRENCH BOTTOM FROM N ATURAL GROUND LEVEL -12" -12"
CONDITIONS:Etther Chaabered or Polystyrene Aggregate can be used for
initial and repair systems to maximize available building space by
allowing for a 25% reduction in total line length upon owner's request
Exhibit A depicts shallow conventional septic system design.
House location is optional but drainfleld is not. Observe all setbacks
THIS PERMIT SHALL BE ACCOMPANIED BY A LAYOUT SHOWN ON A PLAT
INCLUDING A SYSTEMS SPECIFICATION SHEET WHICH SHALL BE AN INTEGRAL
PART OF THIS IMPROVEMENT PERMIT.
THIS IMPROVEMENT PERMIT MUST BE ATTACHED TO A CONSTRUCTION
AUTHORIZATION BEFORE OBTAINING A BUILDING PERMIT OR OTHER
CONSTRUCTION PERMITS AND BEFORE A WASTEWATER SYSTEM IS INSTALLED.
THIS IMPROVEMENT PERMIT IS SUBJECT TO REVOCATION IF THE SITE PLANS OR
THE INTENDED USE CHANCE FROM THOSE SHOWN ON THE IMPROVEMENT PERMIT
CHANGES FROM THE ABOVE SHALL REQUIRE HEALTH DEPARTMENT APPROVAL.
.0 *M7
DEHNR AUTHORIZED AGENT: e&?,DATE: 8-30-96
NO. OF ATTACHMENTS: "Ar. L?
EXHIBIT B-2
Shallow Placement
Treatment and
Disposal Fields
SECTIONAL ON
em
choe of crushod
rock over pipe
:hes of crushod
rock under pipe
ch or 6-Inch perforated pipe, wit
9'A.V4•lnch diameter holds on
ch centers along length of plpo
MAP tt 1GB-73d 3/
PERMIT tt 13497
6 Inches of soil
cover over tronch
12'
crushed
stone
Ground Surface;
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ON t:f:NTGita
12 Inches
Unsultablo soil condition
round Surface
NUMBER Or LINES: 3
LENGTii OF LINES:
Sido vlow of an on•sllo systom using a
distribution box and convontionsl gravltyfod tronchos.
3e tlc lank Troatment and
P Distribution box disposal tronch
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EXHIBIT A eiP?K
PAMLICO COUNTY HEALTH DEPARTM T
SYSTEM LOCATION A DESIGN
DATE 8-30-96
PIN * RO?-72-31
RECORD # 13497 1
SCALE 1"=50'
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EXHIBIT A e1P?K
PAMLICO COUNTY HEALTH DEPARTM T
SYSTEM LOCATION A DESIGN
DATE 8- 30- 96
PIN * R0P- 7 2- 31 ?y
RECORD t 13497
SCALE 1"=50'
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