HomeMy WebLinkAbout20091271 Ver 1_401 Application_20091109OFFICE USE ONLY: Date Received Request #
State of North Carolina ?? 1 2 7 1 (?OV ? 5
Department of Environment and Natural Resources 2009
Division of Water Quality
INETLQM AND S?1TORNINATER BR"H
"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)
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 401/Wetlands 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.) ,3•o 13 gr ? L?
1. App/li'?nt's name the corporation individuual, etc. who owns the property): ^0 C_
._?Q__?
2. Print Owner/Signing Official (person le all reonsibJee th-e property and its compliance)
Name:
Title: ?-?
Street address:
City, State, Zip: M o R-?t? L c).
'ITS
Telephone: 5?.3 O
Fax:
3. Contact person who can answer questions about the proposed project: „
Name: JI c?n?AS_ j_._ ?????>il JrL• I24A.) A LA
Telephone: a3O - 0)O3`3 _
Fax:
Email: Ja.??a??r,oh? oil t?<-si ?nL to M.
"General" Variance Application Form
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:
City, State, Zip: N r-4 13*-YN_ N L
County: L?2A? iJ
Latitude/longitude: _Z 0_3
6. Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the portion
of the USGS topographic map indicating the location of the site):
P017kL_4.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT' to the nearest named stream):
Stream classification [as identified within th Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]:
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
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.:
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
AK Ae-? 117=0
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.):
-'. ---- -
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
(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.
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: ?. o . 6ux
City, State, Zip: ??1 a-ry D? L a$S5 _
Telephone: a3@ 076
"General" Variance Application Form, page 3
Version 1: May 2001
Fax:
Email:
Part 5: Applicant's Certification
I -r4?o -_ -. 4-A? ?_-_L-A __ _ __ (print or type name of person
listed in Part I, Item 2), certify that tfe 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:
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary
Date l ` 4
Name of Property Owner Applying for Permit:
Mailing Address:
3013 a
I certify that I have authorized (agent)1}1,pn s 5. 44o12j6n) ??. , Q?A, AUK to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) t
at (my property located at) ?a13 ?? 2 2-A Jt- 4A 1-40-? 4 L
This certification is valid thru (date) 7
Property Owner Signature
Date
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 1 10% Post Consumer Paper
PART 2: ITEM #1
The attached Site Plan shows the proposed covered porch addition that will impact
zone 2 of the Neuse Buffer. The buffer impact is 23.97ft2.
PART 2: ITEM #2
The proposed covered terrace addition will contain an outdoor fireplace; the fireplace
was placed on the wall that would allow for the least amount of obstruction to the view
shed of the adjacent property owners.
The chimney of the proposed fireplace has to be located a certain distance from the
main dwelling in order to comply with local building codes, therefore the corner of the
proposed covered terrace addition encroaches into zone 2 of the buffer.
PART 2: ITEM#3
The proposed covered terrace will shed water towards the center of the rear yard in the
same manner as the current runoff pattern.
The center of the rear yard in its current state acts as a "level Spreader" and allows for
the runoff to settle prior to reaching the bulkhead.
PART 2: ITEM #4 QUESTION #1
The proposed covered terrace addition, if constructed any smaller, would greatly reduce
the value of the existing dwelling in the form of future resale. The addition was scaled
back numerous times over the course of the 10 month construction drawing phase in an
attempt to completely remove from the buffer. The plans were reconfigured and the
proposed terrace placed at an angle. The angular placement required a variance from
the City of New Bern; the variance was granted after a brief site visit and presentation to
the Board of Adjustments.
PART 2: ITEM #4 QUESTION #2
The unique conditions set forth by the property starts with the property being disected
by a private access street. The existing access street has a 35' utility easement that
dictated placement of the existing dwelling prior to the Neuse Buffer rules coming into
effect. The proposed covered terrace was conceptualized at construction, but due to
financial concerns, this portion of the project was put on hold and scheduled for a later
date. The project architect worked tirelessly over a period of 10 months to work within
the parameters of the buffer, but existing structural and aesthetic hurdles restricted the
options.
Great care was taken by the architect in the planning stage to not only be sensitive to
the buffer requirements, but to the adjacent property owners as to not block their view of
the Trent River.
Their was no opposition from adjacent property owners to the variance request that was
presented and advertised by the City of New Bern.
PART 2: ITEM #4, QUESTION #3
The main hardship is the fact that the Neuse Buffer rules were not in effect when the
property owners purchased the property originally for their dream home; their visions of
retirement included the full scope of the original project with the addition of the covered
terrace. The financial hardship actually dated back to the original construction when the
project would have been allowed with no opposition. The property owners saved and
planned for their future addition and now it is financially feasible for them to proceed
with the project.
D'FyWjATF9OG
oliii? _11?
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
El Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ? Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:
? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ® Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ® Yes ? No
2. Project Information
2a. Name of project: Meekins
2b. County: Craven rnn r,
2c. Nearest municipality / town: New Bern U
2d. Subdivision name: U
Old Towne NO V 1
2e.
NCDOT only, T.I.P. or state
project no:
N/A e. 20u?
D
3. Owner Information WETLA NDS AND STORNMmEIE @RA,NCH
3a. Name(s) on Recorded Deed: Charels D. Meekins & Bettina B. Meekins
3b. Deed Book and Page No. D. B. 1311 Page 759
3c.
. Responsible Party (for LLC if
applicable): N/A
3d. Street address: 3013 Rivers Lane
3e. City, state, zip: New Bern, NC a13 L
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Infonnation (if applicable)
5a. Name: Thomas J. Horton Jr., RLA, ASLA
5b. Business name
(if applicable): JAY HORTON DESIGNS
5c. Street address: PO Box 735
5d. City, state, zip: Morehead City, NC 28557
5e. Telephone no.: 252.230.0788
5f. Fax no.: 252.230.0788
5g. Email address: jay@jayhortondesigns.com
Page 2 of 10
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 8-203-3-001
1 b. Site coordinates (in decimal degrees): Latitude: 77d03'45" Longitude: - 34d04'43"
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: .7528 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Trent River
2b. Water Quality Classification of nearest receiving water: Coastal
2c. River basin: Neuse
3. Project Description
3a.. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
SEE ATTACHED
3b. List the total estimated acreage of all existing wetlands on the property:
N/A
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
SEE ATTACHED
3e. Describe the overall project in detail, including the type of equipment to be used:
SEE ATTACHED
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or'stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments:
? Yes ® No ? Unknown
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
? Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ® No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes No
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments: NO IMPACT
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments: NO IMPACT
Page 4 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments: NO IMPACT
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments: NO IMPACT
5h. Is a dam high hazard permit required?
? Yes ? No if yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ' ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required..
B1 ®P ? T CONST. Trent River ® Nos Oft2 23.97ft2
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
PCN Form -Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
SEE ATTACHED
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
SEE ATTACHED
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments: N/A
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
N/A
Page 6 of 10
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments: N/A
Page 7 of 10
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ®No
Comments: SEE ATTACHED
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 4.2%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: < 1 acre of disturbance
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a.
Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes
? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 9 of 10
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat? ? Yes ® No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? ? Yes ® No
5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ? No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
? Yes ® No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: SEE ATTACHED
8c. What source(s) did you use to make the floodplain determination? Local data provided by Craven County
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.) Date
Page 10 of 10
PCN Form - Version 1.3 December 10, 2008 Version
PART B ATTACHMENT 3A
The site is a residential home site with a pre existing single family dwelling. Both adjacent properties are
residential and have single family dwellings constructed.
PART B ATTACHMENT 3D
The purpose of the proposed project is to create more exterior living space on the waterside of the
property and to increase interior storage space on portions of the home located outside of the AEC.
PART B ATTACHMENT 3E
The plans reflect a proposed garage addition (outside of 75' AEC), master bedroom closet addition
(outside of the 75' AEC) and a stone terrace on the waterside of the property that will encroach
23.97ft2 into zone 2 of the Neuse river buffer.
The general contractor plans to erect a state approved silt fence 10' inland of the zone 1 line and on
both adjacent property lines. The proposed garage and master closet addition will be "stick built" on a
traditional foundation; the rear terrace will be constructed on a suspended slab supported by a
traditional footing with a block masonry foundation wall veneered with brick to match the existing
foundation. The terrace floor will be natural stone over a concrete slab. The terrace will be used as a
"screened porch" and covered with traditional roofing to match the existing dwelling.
The contractor will be using traditional construction equipment, backhoe, dump truck, skid steer, etc.;
no cranes, bulldozers, or large excavators will be used, The equipment use will be isolated to within the
dedicated "limits of disturbance".
PART D ATTACHMENT 1A
The proposed construction will take place in only a small portion of zone 2 (23.97ft2). The design of the
covered terrace area that includes an outdoor fireplace, requires the chimney flue to be no closer than
10' from the existing structure. The covered terrace was scaled back as much as possible in the design
phase to allow for safe pedestrian access and aesthetic appeal for the adjacent property owners. The
location of the pre-existing dwelling dictated the placement of the terrace. The pre-existing dwelling was
constructed prior to the buffer rules coming into effect.
PART D ATTACHMENT 1B/ PART E ATTACHMENT 1B (COVERS BOTH ITEMS)
The proposed covered terrace is on the water facing side of the dwelling. The existing run off is
directed around the existing dwelling and sheet flows in the center of the rear yard as shown on the
provided Site Plan. The proposed construction will not change the existing run off patterns and the
proposed new impervious surface will be directed to the existing pattern of flow.
PART F ATTACHMENT 8B
The proposed finished floor elevation will meet or exceed the FEMA flood requirements as well as the
additional 2' free board required by Craven County.
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WARD. WARD.
?:? WILLEY R WARD
?':: ? ATTORNEt4 AT Uw
I.O. DRAWER 1429
NEW BERN. N.C. 29543
BOOK 1.0 PAGE 7,59
NORTH CAROLINA
CRAVEN COUNTY PREPARED BY A. D. WARD
THIS DEED, made this 24th day February 1992, by and between
WM. A. ALLEN, JR. and wife, SARAH S. ALLEN, of Lenoir County, North
Carolina, JULIA MAXWELL ALLEN of Craven County, North Carolina,
ALICE ALLEN-GRIMES of Norfolk, Virginia, MARY ALLEN WRIGHT and
JULIA ALLEN THOMAS of Wake County, North Carolina, TRUSTEES, and
the said JULIA MAXWELL ALLEN as EXECUTRIX under the Last Will and
Testament of OLIVER HICKS ALLEN, Estate File No. 89-E-1 in the
office of the Clerk of Superior Court of Craven County, North
Carolina, A. D. WARD and wife, MARTHA S. WARD, WILLIAM F. WARD, JR.
and wife, BETSY F. WARD, and KENNEDY W. WARD and wife, AUDREY P.
WARD, all of Craven County, North Carolina, parties of the first
part; and CHARLES D. MEEKINS and wife, BETTINA B. MEEKINS, whose
address is 608 West Wilson Creek Drive, New Bern, North Carolina
28560, parties of the second part;
i
W I T N E S S E T H•
THAT said parties of the first part, for and in consideration
of the sum of Ten Dollars ($10.00) and other good and valuable
considerations to them in hand paid by the said parties of the
second part, the receipt of which is hereby acknowledged, have
bargained and sold, and by these presents do bargain, sell and
convey unto the said parties of the second part, their heirs and
assigns, all that certain tract or parcel of land lying and being
WARD. WARD.
WILLEY S WARD
ATToRNErE AT LAW
?. O. DRAWER 1420
'f. NEW BERN. N. C. 20002
BOOK e"E ! fi i.)
situate in the City of New Bern, Number Bight Township, Craven
County, North Carolina, being more particularly described as
follows:
BEGINNING at a control corner, which is the common corner
between the property hereinbelow described and Lot No. 60
of Olde Towne, Section III, Bats Hill, Lot No. 60 being
the property of James Lee Davis and wife, Jean Davis;
thence from this point of beginning southwestwardly along
and with the high water mark of Trent River South
50°32'45" West, 122.54 feet to the southeastern corner of
Lot No. 2 of the subdivision known as "Wards Point";
thence North 44°45'13" West, 292.00 feet, along and with
the line between Lots 1 and 2 of the subdivision known as
"Wards Point" to the westernmost corner of said Lot No.
1; thence North 30°21'23" East, 92.78 feet along and with
the northwestern line of Lot No. 1 to a control corner in
the line between Olde Towne and the property being
described herein; thence South 50°24'05" East, 328.76
feet along and with the northeastern line of Lot No. 1 of
Wards Point and the southwestern line of Lot 60, Olde
Towne, Section III, Bats Hill, to the easternmost corner
of Lot 1, Wards Point, the control corner at the edge of
Trent River, the point of BEGINNING.
TOGETHER with all littoral and riparian rights
appurtenant thereto.
THE property herein described is Lot 1 of the subdivision
known as Wards Point, a plat of which appears of record
in the office of the Register of Deeds of Craven County,
North Carolina, in Plat Cabinet E, at Slide 356.
TOGETHER with, and subject to, a non-exclusive easement
for ingress, egress, and regress over a strip of land
thirty feet (30') wide, as depicted on plat of Wards
Point, which runs from River Lane, Old Towne, Section
III, Bats Hill, across Lots 1 through 5 of Wards Point to
Lot 6 of Wards Point.
SAVING and excepting from the terms of this conveyance,
an easement ten feet (10') wide for the installation of
underground electric, telephone, and cable TV services,
together with such aboveground devices as are required in
order to provide said .services; subject easement lies
along the southern edge of the 30-foot access easement
2
1
fi
.Y
depicted on the subdivision plat 'and runs from the
northeastern line of Lot No. 1 to the southwestern line
of said lot; ALSO SAVING AND EXCEPTING from the terms of
this conveyance an easement 10' wide for the installation
of underground electric services, together with such
aboveground devices as are required in order to provide
said service. The center line of said 10' easement is
particularly described as follows: BEGINNING at a point
in the northeastern line of said Lot No. 1, which said
point is 82.77 feet southeast of the southern line of the
30' access easement, to which reference is made above,
measured along the northeastern line of said Lot No. 1;
THENCE FROM SAID POINT OF BEGINNING North 86°53'20" West,
15.61 feet; thence South 58045143" West, 36.96 feet;
thence South 74°40'43" West, 31.29 feet to the southerly
line of the 10' utility easement described above.
Bon'v1leaE 76
,i
. ii
. WARD. WARD.
,y 1 WILLEY ?t WARD
Anomys AT LAw
/. 0. DRAWER 1 11
??}:± NEW NEIIN. N.0.3EEN
t
. / ?. ? • ._:...... ... ... .}ice:.
THIS conveyance is made subject to the several easements
to which reference is made above, and to the Declaration
of Covenants and Restrictions, bearing date March 14,
1989, which is of record in the office of the Register of
Deeds of Craven County in Book 1225, at Page 1000, as
amended by instrument bearing date October 22, 1991,
which is of record in Book 1302, at Page 27, in the
office of the Register of Deeds of Craven County, as
amended by instrument bearing date February 8, 1992,
which is of record in the office of the Register of Deeds
of Craven County in Book 1309, at Page 596.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and
all privileges and appurtenances thereunto belonging to the said
parties of the second part, their heirs and assigns, in fee simple
forever.
AND the said parties of the first part, for themselves, their
heirs, executors and administrators, covenant to and with the said
parties of the second part, their heirs and assigns, that they are
seized of said premises in fee and have the right to convey the
same in fee simple; that the same are free and clear of all
encumbrances, except those limitations, reservations, encumbrances,
3
BOOK A ' Pa ! 6
i.
r
or restrictions set out hereinabove, and that they will warrant and
defend the said title to the same against the lawful claims of all
persons whomsoever.
IN TESTIMONY WHEREOF, the said parties of the first part, WM.
A. ALLEN, JR. and wife, SARAH S. ALLEN, ALICE ALLEN-GRIMES, MARY
ALLEN WRIGHT and JULIA ALLEN THOMAS, TRUSTEES, acting by and
through their attorney-in-fact, JULIA MAXWELL ALLEN, JULIA MAXWELL
ALLEN as TRUSTEE and as EXECUTRIX under the Last Will and Testament
of OLIVER HICKS ALLEN, Estate File No. 69-E-1 in the office of the
Clerk of Superior Court of Craven County, North Carolina, A. D.
WARD and wife, MARTHA S. WARD, WILLIAM F. WARD, JR. and wife,
1
BETSY F. WARD, and KENNEDY W. WARD and wife, AUDREY P. WARD, have $
r
hereunto set their hands and adopted as their seals the typewritten
word "SEAL" appearing beside their names, all on the date first
above written.
v /'?K L `-GCS<r/? (SEAL)
WM. A. ALLEN, pJR.
JCt?a,? ?, / CGS., (SEAL)
SARAH S. ALLEN
u.Cc a (SEAL)
ILIA MA LL ALLEN, TRUSTEE
1
.? WARD. WARD..
WILLEY Q WARD
ATTORNEYS AT LAW
P. 0. DRAWER 1028
NEW BERN, N.C. 2!301
BOON; .? j ? ? Putt 7 G v
ALICE ALLEN-GRIMES, TRUSTEE (SEAL)
FULIA MAXWELL ALLEN,' At obey-
in-Fact
MARY ALLEN WRIGHT, TRUSTEE (SEAL)
ULIA MAXWELL ALLEN, At rney:
in-Fact
JULIA ALLEN THOMAS, TRUSTEE (SEAL)
BY Q?? `l/ax.u.(', ,G Mee„-
LIA MAXWELL ALLE , At rney-
in-Fact
4r .. Gi "Cc 'L (SEAL)
ULIA MAXWELL ALLEN, EXECUTRIX
OF THE ESTATE OF,OLIVER HICKS
ALLEN
(SEAL)
A. D. WARD
600Y, 1 ?i ? .t PNGt r! ?)
NORTH CAROLINA
LENOIR COUNTY
I , O (17,11 , a. notary public in
and for the county and stat ate` foresaid, do hereby certify that
WM. A. ALLEN, JR. and wife, SARAH S. ALLEN, personally appeared
before me this day, and being by me first duly sworn, acknowledged
the execution of the foregoing instrument for the purposes therein
contained.
WITNESS my hand and notarial seal, this day of
n 0h",/n,:p 1992.
J
NOT PUBL 6T
I
My commission expires:
-%9- q3
NORTH CAROLINA
CRAVEN COUNTY M/'//
I, 1 I" S , a notary public in
and for the county and state aforesaid, do hereby certify that
JULIA MAXWELL ALLEN, as TRUSTEE, and JULIA MAXWELL ALLEN, as
EXECUTRIX OF THE ESTATE OF OLIVER HICKS ALLEN, personally appeared
before me this day, and being by me first duly sworn, acknowledged
the execution of the foregoing instrument for the purposes therein
contained.
n"la rch rid WITNESS my hand and notarial seal, this
ff? day of-February
1992.
..
NO Y PUSLIC, ? ^'•
My commission expires:
WARD. WARD. ,....,..
WILLEY Q WARD
ATTORNEYS AT LAW
.? ?. O. DRAWER 1428
NEW BERN. N.C. 20963
6
BOOK aE ! E?,?
r:
•'r?' WARD. WARD.
;. WILLEY & WARD
ATTORNEYS AT LAW
P.0. DRAWER 142E
." NEW BERN. N.C. 28963
NORTH CAROLINA
CRAVEN COUNTY
v S , a notary public in
ll?
and for t cou y and state aforesaid, do hereby certify that
JULIA MAXWELL LEN, attorney-in-fact for ALICE ALLEN-GRIMES,
personally appeared before me this day, and being by me first duly
sworn, says that she executed the foregoing and annexed instrument
for and on behalf of ALICE ALLEN-GRIMES, TRUSTEE, and that her
authority to execute and acknowledge said instrument is contained
in an instrument duly executed, acknowledged, and recorded in the
office of the Register of Deeds of Craven County, North Carolina,
on Februtrry6j2&tk7_, 1992, in Book 131( , at Page XD , and that
this instrument was executed under and by virtue of the authority
given by said instrument granting her power of attorney. That said
JULIA MAXWELL ALLEN acknowledged the due execution of the foregoing
and annexed instrument for the purposes therein expressed for and
in behalf of said ALICE ALLEN-GRIMES, TRUSTEE.
WITNESS my hand and notarial seal, this Z.*- day of MW c?1
1992.
f''
My commission expires:
/a-j/ -9?o
rual,t???..-• .
7
BOOK i 3 1 t VLGE ! G
y
j WARD. WARD.
.. { WILLEY & WARD
ATTORNnTs AT LAW
d ?. 0. DRAWER 1426
-! NEW BERN. N.C. 28563
I
NORTH CAROLINA
CRAVEN COUNTY
1
{Y
I, ( • us 1 a notary public in
and for the county nd state aforesaid, do hereby certify that
JULIA MAXWELL ALLE, attorney-in-fact for MARY ALLEN WRIGHT,
TRUSTEE, personally appeared before me this day, and being by me
first duly sworn, says that she executed the foregoing and annexed
instrument for and on behalf of MARY ALLEN WRIGHT, TRUSTEE, and
that her authority to execute and acknowledge said instrument is
contained in an instrument duly executed, acknowledged, and
recorded in the office of the Register of Deeds of Craven County,
North Carolina, on Pebrnarr/ILut Z, 1992, in Book II , at Page
(0-7'1 , and that this instrument was executed under and by virtue
of the authority given by said instrument granting her power of
attorney. That said JULIA MAXWELL ALLEN acknowledged the due
execution of the foregoing and annexed instrument for the purposes
therein expressed for and in behalf of said MARY ALLEN WRIGHT,
TRUSTEE. ?Q
WITNESS my hand and notarial seal, this day Nl?rch y
of ar
1992.
NO Y PUBLiC
My commission expires:
8
Y?
art
:e
F.
}
BOOR i FAGE
i
WARD. WARD.
WILLEY & WARP
AnOAN[rN Ar LAW
.: I. O. DNAWEN IIEE
NEW NENN. N.C. EEEE7
NORTH CAROLINA
CRAVEN COUNTY
I, 0;whl L/ /[S , a notary public in
and for the count and state aforesaid, do hereby certify that
JULIA MAXWELL ALLEN, attorney-in-fact for JULIA ALLEN THOMAS,
TRUSTEE; personally appeared before me this day, and being by me
first duly.sworn, says that she executed the foregoing and annexed
instrument for and on behalf of JULIA ALLEN THOMAS, TRUSTEE, and
that her authority to execute and acknowledge said instrument is
contained in an instrument duly executed, acknowledged, and
recorded in the office of the Register of Deeds of Craven County,
-North Carolina, on F-eb uaryA LI Z, 1992, in Book /311 , at Page
,'1L , and that this instrument was executed under and by virtue
of the authority given by said instrument granting her power of
attorney. That said JULIA MAXWELL ALLEN acknowledged the due
execution of the foregoing and annexed instrument for the purposes
therein expressed for and in behalf of said JULIA ALLEN THOMAS,
TRUSTEE.
WITNESS my hand and notarial seal, this day of lk`Fe r y
1992.
NOT PUBL,
My commission expires: `" ;?f? •.
W-11 A to
9
BOOK i v 1 I r'uG"t ^f
NORTH CAROLINA
CRAVEN COUNTY
a notary public in
and for the count and state aforesaid, do hereby certify that
A. D. WARD and wife, MARTHA S. WARD, personally appeared before me
this day, and being by me first duly sworn, acknowledged the
execution of the foregoing instrument for the purposes therein
contained.
WITNESS my hand and notarial seal, this day of
T- 1992.
NOT Y PUBLIC.
My commission expires:
NORTH CAROLINA
CRAVEN COUNTY ('Jndu ?/ 1
I, / , a notary public in
and for the count and state aforesaid, do hereby certify that
WILLIAM F. WARD, JR. and wife, BETSY F. WARD, personally appeared
before me this day, and being by me first duly sworn, acknowledged
the execution of the foregoing instrument for the purposes therein
contained.
WITNESS my hand and notarial seal, this c??D day of
Tc 1. 1992.
,,%?..a?2OTO1e?,,?
oY H.
M
z??'P ?L 1
TARY PUBLIC——
NOTARY
My commission expilgs PUBLIC
WARD. WARD.
WILLEY Q WARD
ATToRNEYB AT LAW
P, O. DRAWER 1426
NEW BERN. N.C. 28543
BOOK i rGGt ! 6 J
NORTH CAROLINA
CRAVEN COUNTY
I, scan ?l ?rc?ry ?c?c __, a notary public in
and for the count nd state aforesaid, do hereby certify that
KENNEDY W. WARD and wife, AUDREY P. WARD, personally appeared
before me this day, and being by me first duly'sworn, acknowledged
the execution of the foregoing instrument for the purposes therein
contained.
WITNESS my hand and notarial seal, this Z r?d- day of
m ayck 1992.
My commission expires:
:NORTH CAROLINA
i
?i
Y'
5
z'. r.
'.?.I WARD. WARD.
WILLEY ?t WARD
??; ;? ?! ATTORNEYS AT LAW
F. 0. DRAWER I43R
NEW RERN. N.C. assn
.i 1
CRAVEN COUNTY
N // UBLIC The foregoing certificatE5 of ?? ,
.a-n.,ta,-v ub is in and for said county and state, certified to
be correct. This instrument was presented for registration on this
day and hour and duly recorded in the Office of the Register ofj
Deeds of Craven County, North Carolina, in Book /3// , at Page
THIS day of &L j /2,f at 94) o'cloCe.m.
11
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