20020832 Ver 1_COMPLETE FILE_20020524

p Michael F. Easley
?O G Governor
r William G. Ross, Jr., Secretary
O Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
June 5, 2002
DWQ Project # 02-0832
Craven County
Page 1 of 2
Robert J. Theisen
8205 Seven Pines Lane
Waldorf, MD 20603
Subject Property: Lot 92, Channel Run S/D, Channel Run Drive, New Bern, NC
Plantation Canal (Trent River) (03-04-10; 27-101-(31); SB Sw NSW (Nutrient Sensitive)]
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. Theisen:
You have our approval, in accordance with the conditions listed below, to impact approximately 224 square
feet of Zone 2 of the protected riparian buffers for the purpose of constructing the proposed "Carolina Room"
and deck on the subject property. 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 is only valid for the purpose and design that you described in your variance request dated May
23, 2002 and survey / site plans dated April 18, 2002 except as modified below. 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.
1. Storrnwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
as identified within 15A NCAC 213 .0259(5). Roof drainage from the proposed addition shall be directed to
vegetated areas at non-erosive velocities prior to entering the protected riparian buffers. No new ditching or
piping of stormwater through the protected buffers is allowed.
2. Additional plantings of woody vegetation within the retained portions of the riparian buffers as described
within you variance application.
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.
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
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 [phone] or Ms. De!)orah
Sawyer [phone] if you have any questions or require copies of our rules or procedural materials.
Sincerely,
v°f 0V
Klimek, PE J
ire tor, DWQ
Cc: Deborah Sawyer, DWQ Washington Regional Office
Ted Tyndall, DCM Morehead City District, 151-B Hwy. 24 Hestron Plaza II, Morehead City, NC 28557
File copy
Central Files
DWQ 020832
June 5, 2002
1
7
IL 44
T Jzt*
U44 Y
May 23, 2002
Bob Zarzecki
Wetlands/401 Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Mr. Zarzecki,
,f

The attached Variance Request Form - for Minor Variances is submitted for
approval.

Prior to submission of this request, the builder (Anthony Tyndal), Agency Rep (Ron
Phillips), and a member of the NCDENR (Jason Green) met at the proposed building site
to insure all aspects of the Variance Form were addressed.
Should there be any further information required, please feel free to contact the
undersigned at [phone].
Sincerely,

Ron Phillips
Broker/Co-Owner
rp/pd
a3 2
Irrnt f vrr Inc. - 4r ,dhnrelinc Pr'vr ? Nr<w I'>crn, Wl
P-11?' - f,ax Wl,-i2) U/ ) P,41F) F rnr:)iI: Irrcl.llty'q)cnx't;_:i,i, t,.r('m
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form maybe photocopied for use as-an original.
Please identify which Riparian Area Protection Rule applies.
? Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (I GA NCAC.0233)
? Tar-Pamllco River Basin: Nutrient. Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicants name (the corporation, individual, etc. who owns the property): _
Robert J. Theisen
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Robert Theisen
Title: Owner
Street address: 8205 Seven Pines Lane
City, State, Zip: Waldorf, MD 20603
Telephone: [phone]
Fax:
3. Contact person who can answer questions about the proposed project:
Name: Anthony D. Tyndall, PE
Telephone: ( 252 ) 635-1700
Fax: [phone]
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
_Riverbend, Lot 92 Channel Run
5. Project Location:
Street address: Lot 92 Channel Run, Channel Run Drive (Riverbend)
City, State, Zip: New Bern. NC 28562
County: Craven
Version 1: February 2000

L:atiturkAongitude:
8. Directions to site from nearest am* interseodon (Also, attach an 8 % x 11 copy of the USi3S
topoprapMc map krdoatirg the location of the $ilo):
Stream to be impacted by the proposed aativity:
Stream name (for unnamed streams label as 'Ur to the nearest named stream):
Plantation Qsnal
Stream dessinestion In iderNi ww"w vwSchedule of ClassMcations 13A CAC 26.0315
(Neu") or .0318 (Tar-PamUcQ)):. Neuse Riwr Basin SB SW NSW
S. Which of the following permit0approvals will be required or have been received already for
this project?
Required: Received: Date received Patmit.Type:
_N/A _ CAMA Major
_N/A_ CAMA Minor
_N/A_ 401 CwtificsUW404 Permit
_N/A_ On-site Wastewater Permit
_N/A_ NPDES Permit (including stomnwater)
_N/A Non-d ad"w" Permit
_N/A Water supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Pleeae include attachmenfs if the room provided is ymd iawrl )
1. Description of proposed activity [Also, please attach a map of sufficciert detail (suer as a plat
map or site plan) to accurately delineate the bowxWea of #a land to be utilised in carrying
out the activity, the location and dimension of any dst xbwm in the riparian buffers
associated with the aotivJty, wW the extent of riparian buffers-on the land k duds #w an
of buffer impact in fe r Construcdon of new rukknils! dwelling. The house is to be
2. State reasons why this plan for the proposed solivity cannot be practically aooompiished9
reduced or reconfigured to better nriniml= or alknk de disturbance tQ the ntparian buffer:
Variance Request Form, paps 2
Version 1: February 2000
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.):
Use of gutters to collect water and route discharge so that water flows to front of lot into grass
lined drainage ditch at the street. Create new planting areas as required to insure diffuse
flow.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. Overall
depth of the house makes it impossible to fit between the 30' Minimum Building Line at the
front of the lot and the 50' Riparian Buffer at the back of the lot. Please see the attached
resurvey with proposed dwelling overlay.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. The
lot is not deep enough to accommodate the depth of the house due to the fact that the 30'
MBL pushes the garage so far back onto the lot. The subdivision and lot were designed
before the buffer rule became effective and the designers were unable to take into
consideration a 50' buffer. Please see the attached 1977 survey of the proposed building site
(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.
The subdivision was established and platted in 1977 and is now more than 90% built upon
The present owner purchased the lot before the riparian buffer rule was established and will
be unable to sell it for fair market value unless a very small encroachment such as this is
allowed. At present this lot is under contract to be purchased The real estate closing is
pending the outcome of this application. Please also note that judging from the other existing
houses in the immediate area if the lot would have been built upon prior to this rule the
buffer would probably have been much more severely impacted.
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): Anthony Tyndall
Mailing address: 3509 Barons Wav
Variance Request Form, page 3
Version 1: February 2000
City, State, Zip: New Bern, NC 28562
Telephone: [phone] Office 252-636-7622 Mobile
Fax: [phone]
Email:
Part 5: Applicant's Certification
I, Robert Theisen (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 a ce with Part 5 of this form will be recorded with all required permit
conditions. r"?
Signature:
Date:
Title:
!L
Owner
Variance Request Form, page 4
Version 1: February 2000
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form - for Minor YAIii?'f'r`"?``?
TI- N
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original. l « >? ?,,
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)
L3 Tar-Pamlico River Basin: Nutrient Sensitive Waters Management.
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicants name (the corporation, individual, etc. who owns the property): _
Robert J. Theisen
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Robert Theisen
Title: Owner
Street address: 8205 Seven Pines Lane
City, State, Zip: Waldorf, MD 20603
Telephone: [phone]
Fax:
3. Contact person who can answer questions about the proposed project:
Name: Anthony D. Tyndall, PE
Telephone: ( 252 )635-1700
Fax: [phone]
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
_Riverbend, Lot 92 Channel Run
5. Project Location:
Street address: Lot 92 Channel Run, Channel Run Drive (Riverbend)
City, State, Zip: New Bem, N!Q 28562
County: Craven
Version 1: February 2000
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8'h x 11 copy of the USGS
topographic map indicating the location of the site):
From New Bern: Hwy 17 south, Left at Riverbend onto shoreline Dr., left onto Plantation Dr.,
Left onto Channel Run Drive, lot 92
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT' to the nearest named stream):
Plantation Canal
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]: Neuse River Basin SB SW NSW
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required:
_N/A
_N/A
_N/A
_N/A
_N/A
_N/A
N/A
Received: Date received:
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
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.]: Construction of new residential dwelling. The house is to be
located as close as possible to the 30' Minimum Building Line at the front of the lot but
approximately 224 SF of the home will impact zone II of the buffer. 112 SF will be part of a
Carolina room and 112 SF will be exterior deck.
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:
The house plan was desioned with the Carolina Room and Its view as a main feature of the
house. The house has been shifted forward on the lot so that the garage is as dose as
possible to the 30' Minimum Building Line so that the disturbance into the buffer may be
minimized.
Variance Request Form, page 2
Version 1: February 2000
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.):
Use of gutters to collect water and route discharge so that water flows to front of lot into grass
lined drainage ditch at the street. Create new planting areas as required to insure diffuse
flow.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. Overall
depth of the house makes it impossible to fit between the 30' Minimum Building Line at the
front of the lot and the 50' Riparian Buffer at the back of the lot. Please see the attached
resurvey with proposed dwelling overlay,
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. The
lot is not deep enough to accommodate the depth of the house due to the fact that the 30'
MBL pushes the garage so far back onto the lot. The subdivision and lot were designed
before the buffer rule became effective and the designers were unable to take into
consideration a 50' buffer. Please see the attached 1977 survey of the proposed building site.
(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.
The subdivision was established and platted in 1977 and is now more than 90% built upon
The present owner purchased the lot before the riparian buffer rule was established and will
be unable to sell it for fair market value unless a very small encroachment such as this is
allowed. At present this lot is under contract to be purchased. The real estate closing is
pending the outcome of this application. Please also note that nudging from the other existing
houses in the immediate area, if the lot would have been built upon prior to this rule the
buffer would probably have been much more severely impacted.
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): Anthony Tyndall
Mailing address: 3509 Barons Way
Variance Request Form, page 3
Version 1: February 2000
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
I, Robert Theisen (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 a ?+(?ce with Part 5 of this form will be recorded with all required permit
conditions. )
Signature:
Date:
Title:
r`
Owner
Variance Request Form, page 4
Version 1: February 2000
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources r1
Division of Water Quality;
pv j
Variance Request Form - for Minor Vclr dO
Protection and Maintenance of Riparian Areas Rules "- wl ; ;ouP--?
NOTE: This form may be photocopied- for use as an original.
Please identify which Riparian Area Protection Rule applies.
o 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)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicants name (the corporation, individual, etc. who owns the property): _
Robert J. Theisen
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Robert Theisen
Title: Owner
Street address: 8205 Seven Pines Lane
City, State, Zip: Waldorf, MD 20603
Telephone: [phone]
Fax: ( )
3. Contact person who can answer questions about the proposed project:
Name: Anthony D. Tyndall, PE
Telephone: [phone]
Fax: [phone]
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
_Riverbend, Lot 92 Channel Run
5. Project Location:
Street address: Lot 92 Channel Run, Channel Run Drive (Riverbend)
City, State, Zip: New Bem, NC 28562
County: Craven
Version 1: February 2000
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS
topographic map indicating the location of the site):
From New Bern: Hwy 17 south, Left at Riverbend onto shoreline Dr., left onto Plantation Dr.,
Left onto Channel Run Drive, lot 92
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as our to the nearest named stream):
Plantation Canal
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)): Meuse River Basin SB SW NSW
B. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
_N/A _ CAMA Major
_N/A CAMA Minor
_N/A 401 Certification/404 Permit
_N/A On-site Wastewater Permit
N/A NPDES Permit (including stormwater)
N/A Non-discharge Permit
_N/A_ Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insuffrcient.)
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.): Construction of new residiintial dwelling. The house is to be
located as close as possible to the 30' Minimum Buil#ng Line at the front of the lot but
approximately 224 SF of the home will impact zone II of the buffer. 112 SF will be partof a
Carolina room and 112 SF will be exterior deck.
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:
The house plan was designed with the Carolina Room and its view as a main feature of the
house. The house has been shifted forward on the lot so that the garage is as close as
possible to the 30' Minimum Building Line so that the disturbance into the buffer may be
minimized.
Variance Request Form, page 2
Version 1: February 2000
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.):
Use of gutters to collect water and route discharge so that water flows to front of lot into grass
lined drainage ditch at the street. Create new planting areas as required to insure diffuse
flow.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. Overall
depth of the house makes it impossible to fit between the 30' Minimum Building Line at the
front of the lot and the 50' Riparian Buffer at the back of the lot. Please see the attached
resurvey with proposed dwelling overlay.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. The
lot is not deep enough to accommodate the depth of the house due to the fact that the 30'
MBL pushes the garage so far back onto the lot. The subdivision and lot were designed
before the buffer rule became effective and the designers were unable to take into
consideration a 50' buffer. Please see the attached 1977 survey of the proposed building site.
(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.
The subdivision was established and platted in 1977 and is now more than 90% built upon.
The present owner purchased the lot before the riparian buffer rule was established and will
be unable to sell it for fair market value unless a very small encroachment such as this is
allowed. At present this lot is under contract to be purchased. The real estate closing is
pending the outcome of this application. Please also note that judging from the other existing
houses in the immediate area, if the lot would have been built upon prior to this rule, the
buffer would probably have been much more severely impacted.
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): Anthony Tyndall
Mailing address: 3509 Barons Way _
Variance Request Form, page 3
Version 1: February 2000
City, State, Zip: New Bern. HQ 28562
Telephone: [phone] Office 252-636-7622 Mobile
Fax: [phone]
Email:
Part 5: Applicant's Certification
I, Robert Theisen (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 a ce with Part 5 of this form will be recorded with all required permit
conditions. 7,? ?f
Signature:
Date:
Title:
re
_5/23/02
Owner
Variance Request Form, page 4
Version 1: February 2000
OFFICE USE ONLY: Date Received Request
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Please Identify which Riparian Area Protection Rule applies.
? Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (1 SA NCAC.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's name (the corporation, individual, etc. who owns the property): _
Robert J. Theisen
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Robert Theisen
Title: Owner
Street address: 8205 Seven Pines Lane
City, State, Zip: Waldorf. MD 20603
Telephone: [phone]
Fax:
3. Contact person who can answer questions about the proposed project:
Name: Anthony D. Tyndall, PE
Telephone: [phone]
Fax: [phone]
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
_Riverbend, Lot 92 Channel Run
5. Project Location:
Street address: Lot 92 Channel Run. Channel Run Drive (Riverbend)
City, State, Zip: New Bem. Ng 28562
County: Craven
Version 1: February 2000
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS
topographic map indicating the location of the site):
From New Bern: Hwv 17 south Left at Riverbend onto shoreline Dr., left onto Plantation Dr.,
Left onto Channel Run Drive, lot 92
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Plantation Canal
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]: Neuse River Basin SB SW NSW
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required
_N/A
N/A
_N/A
-
N/A_
__N/A
N/A
N/A
Received: Date received:
Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
of buffer impact in WJ: Construction of new residential dwelling. The house is to be
located as close as Possible to the 30' Minimum Building Line at the front of the lot, but
aPProximately 224 SF of the home will impact zone II of the buffer. 112 SF will be part of a
Carolina room and 112 SF will be exterior deck.
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:
The house plan was desioned with the Carolina Room and its view as a main feature of the
house. The house has been shifted forward on the lot so that the garage is as close as
possible to the 30' Minimum Buildina Line so that the disturbance into the buffer may be
minimized.
Variance Request Form, page 2
Version 1: February 2000
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.):
Use of gutters to collect water and route discharge so that water flows to front of lot into grass
lined drainage ditch at the street. Create new planting areas as required to insure diffuse
flow.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule. Overall
depth of the house makes it impossible to fit between the 30' Minimum Building Line at the
front of the lot and the 50' Riparian Buffer at the back of the lot. Please see the attached
resurvey with propo ad dwelling overlay.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. The
lot is not deep enough to accommodate the depth of the house due to the fact that the 30'
MBL pushes the garage so far back onto the lot. The subdivision and lot were designed
before the buffer rule became effective and the designers were unable to take into
consideration a 50' buffer. Please see the attached 1977 survey of the proposed building site.
(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.
The subdivision was established and pla in 1977 and is now more than 9-NO built won,.
The present owner purchased the lot before the riparian buffer rule was established and will
be unable to sell it for fair market value unless a very small encroachment such as this is
allowed. At present this lot is under contract to be purchased. The real estate closing is
pending the outcome of this application. Please also note that judging from the other existing
houses in the immediate area, if the lot w,Qttld have been built upon prior to this rule, the
buffer would probably have been much more severely impacted.
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): Anthony Tyndall
Mailing address: 3509 Barons Way
Variance Request Form, page 3
Version 1: February 2000
City, State, Zip: New Bem. NCB 2856 ,
Telephone: [phone] Office 252-636-7622 Mobile
Fax: [phone]
Email:
Part 5: Applicant's Certification
I, Robert Theisen (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 a ce with Part 5 of this form will be recorded with all required permit 0,?
conditions. ?-?
Signature:
Date:
Title:
re
Owner
Variance Request Form, page 4
Version 1: February 2000
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Reference:
uff & wife, Jean M. Duff i
Book 941, Page 353. n County Register of Deeds. 1 Y
arcel Number (8-073-0-092). iTE fl
ary Survey Classification
Land Survey (Class A)
by coordinate computations.
rFlood 210 Channel Run Drive. Report
property scaled In Zone A6 per Flood Insurance Rate Map. ° unity Panel No 370432 0002 B. Effective Date August 19, . Base. Fl ood Elevation is 9'. rty Zoned R-15.
~ ~ w~14
Minimum Building Lines in accordance with R-15 Zoning. \
Protective or Restrictive Covenants not obtained.
50' Riparian Buffer in accordance with the Neuse River Riparian
Area Rule, Contact the NC Department of Environment and Natural Resources, Division of Water quality [phone].
Elevation based on the NC Geodetic Survey Station CRA 165. The
published elevation of CRA 165 is 2.080 meters, NGW 1929. LINE TABLE LINE BEARING LENGTH LENGTH VICINITY MAP
This plot does not address the Issue of the existence or non Lt S40'05'50 "E 0.56' 0.56'
existence of wetlands. The enforcement of wetlands regulations under the Section 404 of the Clean Water Act and Section 101 L1 ,t)
of the Rivers and Horoors Act of 1899 is within the jurisdiction
- of the U. S. Army Corps of Engineers. Inquiries concerning / 15' D&UE S /CD wetlands matters should be addressed to that agency. (252) $y 7r
975-1616. / SA S•
n 0 s?, °0 0*
/ LOT Woad 0 d :head
/LOT ~s. -Bulkhead / w Qq o
91 /1k~A 13,742 2 q Ft. 4 \ oP
R /W SAs~~ LEGEND,
/ p0 hn, Encroachment ~ S)~ R/W = RIGHT OF `WAY F j = CENTER LINE \
into Riparian Buffer - 9 LI = LINE NUMBER J
/ / °o• +9 ,40, \ B F \ 61 ^ MBL = MINIMUM BUILDING LINE
\ - Bench Mark / d o rea 50' Riparian / D&UE = DRAINAGE & UTILITY EASEMENT R = RADIUS
r. - Nail set in 12" Buffer L = ARC LENGTH
Gum Tree ' of , EPK = EXISTING PK NAIL SPK = SET PK NAIL
\ Elevation 9.D0j eP:A d of OAa-''Q SOFT. = SQUARE FEET
/ 8.45' Ok se a Gi,•o 5' D&UE PC = POINT OF CURVATURE 15' D&UE NGVD = NATIONAL GEODETIC VERTICAL DATUM
30' / 09 \ N = WATER METER
a 20. 0 • = EXISTING IRON PIPE
R/W - - 30.4' 20' Pavement = SET IRON PIPE M
R=277.50' \ O = PK NAIL SYMBOL p G
L=15.74' 30' N4937'29"W = NON MONUMENTED POINT 0i
Chord 3'14'5' 20.00' 0 r v
Delta=03'14'57" h h tiQ 5a C 1 U ~ / ~ D r
Certificate of Survey and Accuracy I re% ~j O
- I, Chet N. Suitt, certify that this plot was drawn under my supervision \ Q \jy~ / r U
from an actual survey made under my supervision (deed description Is / / Z a r
recorded In Book 941, Page 353); that the boundaries not surveyed s°•°o• LOT -OT
are clearly indicated as drawn from information as shown; that the .p. rdtio of precision as calculated is 1:10,000; this survey is of an ,~9 9hf / 93 93
existing parcel or parcels of land. Witness my original signature, % of
registration number and seal this 18 day of April. A.D., 2002. y G, \y 0
0 ppp~ I
FARO,,, 0
Professional Land Surveyor +9~Q'POQESstp 6
L2995 ; 2 Q SEAL y : \
Registration Number Jp
3?7.64'
{ N79 EPK
01
0
N
RESURVEY FOR Prl # 2379
COASTLINE BUILDING CO. Date: 04/18/2002 GRAPHI GRAPHIC SCALE SUITT & ASSOCIATES, P.A.
1za
TOWN OF RIVER BEND, TOWNSHIP EIGHT, CRAVEN COUNTY, NORTH CAROLINA DravaBy CS a is. LAND 19URVEYORB SINCE 1965
Approved By: CS P.O. Box 12034
OECD REFERICNOR; ( IN U$ SU ( IN U$ SURVEY FEET } NEW BERN, NO 28561-2034
DON & WIFE, JEAN M. DUFF Revisions: 1 inch 1 inch 30 f6 TEL. [phone] / FAX: [phone]
0990 BOOK 941, PA4E 353. EMAIL: SUITTQQ CCQNNECT,iwgT
CRAVEN COUNTY REOfATIR' Or Otece. monw"wmmmmw
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