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HomeMy WebLinkAbout20020857 Ver 1_COMPLETE FILE_20020530otOF W A TF r p liii? 'C July 23, 2002 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality DWQ Project #02-0857 Beaufort County Page 1 of 2 Mr. Charles B. Griffin III 109 Island Lane Washington, NC 27889 Subject Property: Lot # 8, Pamlico Plantation, 109 Island Lane, Washington, NC 27889 Broad Creek [03-03-07; 27-10-(1); C 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. Griffin: You have our approval, in accordance with the conditions listed below, to impact approximately 200 fe of the protected riparian buffers for the purpose of constructing the proposed open, octagonal, wooden-slated deck on the subject property to provide water access to your home as described within your application dated May 28, 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 is only valid for the purpose and design that you described in your variance request dated May 28, 2002 and received by this office on May 30, 2002. 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: 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 26 .0259(5). No new ditching or piping of stormwater through the protected buffers is allowed. 2. You are required to mitigate for impacts to Zone 1 of the protected riparian buffers. The required area of mitigation to compensate for impacts to Zone 1 of the protected riparian buffers shall be 200 square feet as required under the "General" Major Variance for Coastal Counties. The DWQ has determined that the proposed planting within your application will satisfy this mitigation requirement if it includes planting woody vegetation (native shrubs and trees) in the retained portions of Zone 1 of the protected riparian buffer on the property. The preferred number of individual plants shall be such that there are at least 200 to 300 trees or shrubs per acre at maturity within Zone 1 and shall not be less than two (2) individual trees. You may account for existing trees when determining the number of trees per acre. These plantings shall occur no longer than one year after construction of the home has been completed. DWQ shall be copied on an as built planting plan within one month of the completion of the plantings. 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), hftp://h2o.enr.state.nc.us/ncwetlands/ Page 2 of 2 If you can not meet these mitigation conditions, then you may propose payment into the Riparian Buffer Restoration Fund to compensate for the 200 square feet of impact. If you choose to make this payment, then please contact this office for payment information. 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 Tar-Pamlico River Riparian Buffer Protection Rules (15A NCAC 213 .0259 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Mr. Tom Steffens at 252-946-6481 if you have any questions or require copies of our rules or procedural materials. cc: Tom Steffens, DWQ Washington Regional Office Terry Moore, DCM Washington Regional Office File copy Central Files DW Q020857 July 23, 2002 bz Sincerely, \o??F vv n r r9QG co r fl ? 1VL 114VI r. Dd3-y, ajuvcMw William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality Division of Water,,Quality Department of Environmental and Natural Resources Wetlands/401 Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-1786 Fax #: 919-733-6893 Fax To: K C L C QC Fax #: Company: Date: L) - U Number of pages including cover sheet: J Notes or special instructions: NbENWR N. C. 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/ncwetlands W A T f?9QG O \iii? 'C Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality July 23, 2002 CERTIFIED MAIL - RETURN RECEIPT REQUESTED DWQ Project #02-0857 Beaufort County Page 1 of 2 Mr. Charles B. Griffin III 109 Island Lane Washington, NC 27889 Subject Property: Lot # 8, Pamlico Plantation, 109 Island Lane, Washington, NC 27889 Broad Creek [03-03-07; 27-10-(1); C 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. Griffin: You have our approval, in accordance with the conditions listed below, to impact approximately 200 ft2 of the protected riparian buffers for the purpose of constructing the proposed open, octagonal, wooden-slated deck on the subject property to provide water access to your home as described within your application dated May 28, 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 is only valid for the purpose and design that you described in your variance request dated May 28, 2002 and received by this office on May 30, 2002. 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. 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 .0259(5). No new ditching or piping of stormwater through the protected buffers is allowed. 2. You are required to mitigate for impacts to Zone 1 of the protected riparian buffers. The required area of mitigation to compensate for impacts to Zone 1 of the protected riparian buffers shall be 200 square feet as required under the "General" Major Variance for Coastal Counties. The DWQ has determined that the proposed planting within your application will satisfy this mitigation requirement if it includes planting woody vegetation (native shrubs and trees) in the retained portions of Zone 1 of the protected riparian a buffer on the property. The preferred number of individual plants shall be such that there are at least 200 U to 300 trees or shrubs per acre at maturity within Zone 1 and shall not be less than two (2) individual trees. You may account for existing trees when determining the number of trees per acre. These plantings shall occur no longer than one year after construction of the home has been completed. If you can not meet these conditions, then you may propose payment into the Riparian Buffer Restorati Fund to compensate for the 200 square feet of impact. If you choose to make this payment, then plea contact this office for payment information. 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)(V 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/ "'111 CM mo Re: Griffin 00857 Subject: Re: Griffin 020857 Date: Mon, 08 Jul 2002 09:50:18 -0400 From: Bob Zarzecki <bob.zarzecki@ncmail.net> Organization: Division of Water Quality; 401 Certification Unit To: "Tom Steffens (WaRO)" <Tom.Steffens@ncmail.net> Tom: I got a call today from Mr. Griffin. I check Filemaker and say your recommendation to "ISSUE n/c". Do you still want to ISSUE n/c? - Bob Bob Zarzecki wrote: > Tom: > I don't recall a request for thr, hni 1_kbead or clock. It: may be in another file but T > couldn't find it in Filemaker. hir?k this was just for the deck. > - Bob > > Tom Steffens wrote: > > Bob, > > I recall seeing this variance sorx?where, but I think Deborah has it now, or else > .> its been removed from my officr.,. 'rom what I remember, is it: in conjunction with > > a CAMA maj for a bulkhead an(i doci.? set in zone I about 6 feet from the > > bulkhead? > > Bob Zarzecki wrote: > > > Yes, indeed. > > > Tom Steffens wrote: > > > > Bob, > > > > Is this in pamlico plantat.io:i by any chance? > > > > toms > > > > Bob Zarzecki wrote: > > > > > Deborah or Tom: > > > > > I need your review of this variance on Broad Creek. They want to put an > > > > > "14x14 ft. octagonal deck" '- 00sf) right on Broad Creek at 109 Island > > > > > Lane, Washington. _Zone i impacts will require mitigation if not > > > > > considered a "water depondent structure". Will any trees be removed or > > > > > is it going to be built Cit,er grass? I'm leaning toward denial unless it > > > > > can be moved out of Zone 1 Please review and comment ASAP. Should be > > > > > a quick drive-by. Thanks,. > > > > > - Bob Bob Zarzecki NC DENR/DWQ 401 Wetlands Certification Unit 919-733-9726 I of 2 7/8/02 9:50 AN 020857 Subject: Griffin 020857 Date: Wed, 03 Jul 2002 10:46:09 -0400 From: Bob Zarzecki <bob.zarzecki @ncmail.net> Organization: Division of Water Quality; 401 Certification Unit To: "Deborah Sawyer (WaRO)" <Deborah.Sawyer@ncmail.net>, "Tom Steffens (WaRO)" <Tom.Steffens@ncmail.net> Deborah or Tom: I need your review of this variance on Broad Creek. They want to put an "14x14 ft. octagonal deck" (--200sf) right on Broad Creek at 109 Island Lane, Washington. Zone 1 impacts will require mitigation if not considered a "water dependent structure". Will any trees be removed or is it going to be built over grass? I'm leaning toward denial unless it can be moved out of Zone 1. Please review and comment ASAP. Should be a quick drive-by. Thanks. - Bob Bob Zarzecki NC DENR/DWQ 401 Wetlands Certification Unit 919-733-9726 1 of 1 7/3/02 10:46 AN MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: tom steffens _ WQ Supervisor: Boger Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Charles B. Griffin Project Number 02 0857 Recvd From APP Received Date 5/30/02 Project Type Residential Recvd By Region County Beaufort County2 Region Washington Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. TPBR Buffers FT O N 129-10-(1) F -c- NSW 30,307 ? . 0.00 I - O Y _0N 1 -f -f ??-?r Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: DQ Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue n/c cc: Regional Office Central Office Page Number 1 Triage Check List Date: _ To: ?RRO Steve Mitchell Project Name `? Q S J ?FRO Ken Averitte DWQ Project Nu er aZ " 5 VaRO Deborah Sawyer County ? ?WiRO Joanne Steenhuis i ?WSRO Jennifer Frye LlSRO Mike Parker - ?lattaced -- t -olwell From: Telephone (919 733- L V The file bei ng 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 Buffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman) i ? Pond fill wta2SG? P?1t't ' ? Mitigation Ratios lloJJ ? 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 Comments OFFICE USE ONLY: Date Received Request # State of North Carolina j; Department of Environment and Natural Resources uAv r7/11 3 0 4W f' Division of Water Quality 020-8 57 k "General" Major Variance Appli at S T From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for restructures 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. o Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233) u," 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.). Appl?a`nt's name (the orpo tion,?jndividual, etc. who owns the property): , t Y ;`P S ' V, J ,4J /JJ 2. Print Owner/Signing Name: Title: _ Street address: _ City, State, Zip: Telephone: I Fax: 3. Contact person who can Name: I Telephone: Fax: .? Email: ! (person legall, res , r lc? l ? ? L4/_ "General" Variance Application Form Version 1: May 2001 1sible for the pro V, FFl.- _ VQ and its compliance) 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, eration and maintenance agreements, etc.): 5. Project Location: Street address.5 <<t City, State, Zip: ceS u County: .. :.. e a w,- Latitude/longitude: Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the portion of the USGS topographic map indicating the location of the site):.. _ 7. Stream to be impacted by the proposed activity: Stream name f r unnamed stre ms label as "UT" to the nearest named stream): IS ro IN- CL r?e Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: d _ 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 19 ft .: I s?? " , l1 „ 1 1<r, LA n l., 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 ,--:5 w rl . Ct Ct f Y- Cie «5 nA i w A5 11is ; j ' Je-r I/?? ; s f (? ?S ??tLf _ Lit 6-1 Loez E?l- 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-pla ng veget tion or a hancement of existing vegetation, etc.): f'.2-CU-x' sc «A) ?n,i « t? , 1 I Y?c? ??rcce 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. <? 1? ?., ?."???? 1r Li i `?? ??i S/ -fin rS '??? c'7? ?r??ti (2) How these difficulties or hardships result from conditions that are unique to the property involved. - L %- X I SJI Vie ?1L?1f(?' -; ?S 1I/-r1- 'IPJ (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: City, State, Zip: Telephone: "General" Variance Application Form, page 3 Version 1: May 2001 Fax: Email: Part 5: Applicant's Certification (print or tvne 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. i ? Signature: Date: Title: Mac, .)o t- NC Division of Water Quality (DWQ) © ?ar 4oG?? 401 Wetlands Certification Unit e-72 3 __ (?I 2321 Crabtree Blvd. (LOCATION) ! J 1650 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27699-1650 (919) 733-9726 (phone) http://h2o.enr.state.no.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://www.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://www.saw.usace.army.miVwetiands/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 Version 1: May 2001 i I I I I 44 ki r r -' I ?' -.?- -? -- - I ? I r N 10 I 1 a i S ? r I -- i 1 - - ?? I I f l !? i i 1 I r ? J1 LI ? - I 1 i e z i I s L i 7 11 I I - ---- 1 kr c f ?E' ..?,? ? S ??' l , 71; 5 9 00" 3°2' 12.0" 3°2' 4.0" 0 0. 0"N m 3 i? • ,. . N? S-0 rn O - • M r rn W C • w co N W , t , 41 CD , r } • ?k 4i r 1 •V d o ° '? t JrJ . e? w I , ?'?¢ ° P O ?y?. t A 14 • , ,: rf y 14 - AA1 p1 S 0 N rn V ? ' r K ?• lp ! ? - ? r 1? rn o v 3• ? ? oo ? ? EE - ? ?? o 0 • • Amp;* 00 " 7 N Z rn a { • y r - - Cil ?J 1 0,0 ' ?5? 9 0'.Ob" N b3 ° 2 ' 2b.d0 V 63 "I 2 ' 4 0 5 0 0. 0" N 8K1148PG396 NORTH CAROLINA PREPARED BY CARTER, ARCHIE & HASSELL, L.L.P. ATTORNEYS AT LAW, POST OFFICE DRAWER 2187 BEAUFORT COUNTY WASHINGTON, NORTH CAROLINA 27889 THIS DEED, made and given this-1 day of September, 1999, by CLARK S. LESLIE and wi fe, ESTELLE P. LESLIE, hereinafter referred to as "Sellers"; to CHARLES B. GRIFFIN, III and wife, MARCIA S. GRIFFIN of 109 Island Lane, Washington NC 27889, hereinafter referred to as "Buyers"; wiTNESSETH: That Sellers, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to them paid by Buyers, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto Buyers, their heirs and assigns, in fee simple, the following parcel or tract of land located in Long Acre Township, Beaufort County, North Carolina, and being more particularly described as follows: BEING all of Lots No. 8 and 8-A as the same are shown on that map of record in the Office of the Register of Deeds of Beaufort County in Plat Cabinet D, Slide 71. The map herein referred to was prepared by W. Duke Woodlief, Registered Land Surveyor, and is dated May 13, 1986, and is identified by the following legend: "Drain Fields of Lots 7, 8, & 9, Pamlico Plantation - Phase I." Further reference is made to said map for a more complete and accurate description of this property. There is also conveyed herewith the land lying between the high water mark of Broad Creek and the Western Line of Lot 8 above described. Being the same property conveyed to Clark S. Leslie and wife by Deeds recorded in Book 1025, Page 418 and Book 1029, Page 585, Beaufort County Registry. There is also conveyed a non-exclusive utility easement to be used in conjunction with others, ten (10') feet in width, for the purpose of a sewage line and said utility easement runs from Lot 8 to Lot 8-A and said utility easement herein conveyed is shown on the map heretofore referred to and reference is hereby made to said map for a more complete and accurate description of said easement. PENUFUT COUNTY E+2-14-99 .'2 BF-WFORT COUNTY LAND RECORDS STATE OF ? .t FV, h1 t- _ I?_1 C-1 R?H .-N°. 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I 3UIM0ll0J aqI 01 IoaCgllS `.Iana.IOJ `aaJ ut `SAISS73 pLIL' S.IIaLI IIQLl1 `SJQ,?llg 011111 51.111.1lul.loddL' asimXuL' 111 10 OUISLIOIaq oluna.laill S03LIULIallilddu pL173 SaO3llniad ll73 ,IIIM .1alllanol pu73l Flo loolud jo lou.ll ppsolop, 0111 Q'IOH 01(INV AVII OJ, L68?d8hTTxe BK11y8PC398 STATE OF NORTH CAROLINA COUNTY OF BEAUFORT [before me, the undersigned Notary Public in and for the state and county aforesaid, personally appeared CLARK S. LESLIE and wife, ESTELLE P. LESLIE, and they each acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and Notarial Seal, this DL {y? day of September, 1999. My commission expires: 1 EA1jj\LESLIE.- GR IF FIN_DBL1)(8. 6.9) NOTAVY PUBLIC, ?;`s J ?'r n F }I '("•..a rye 9 n r{ 31- 1,?ro o9.nP CeT-111.f3.0at of ----?--- 1 i';t $-71 l r '1)? ] c 7 ? - cer t if iPd `,Q l?(? C)? t r (f, ' .? n„p•1 , I er of TIC( C""F, As-, Dep:,t;y V -3- EXHIBIT " A Lying and being in Long Acre Township, Beaufort County, North Carolina, more particularly described as follows: BEING ALL of Lots No. Eight (8) and Eight A (8-A as the same are shown on the map of record b W. ) dated May 13, 1986, entitled y Duke Woodlief, 9, Pamlico Plantation-Phase I „Drain Fields of Lots 7, 8, & recorded in Plat Cabinet p , a copy of which is s Registry, to which reference isdhereby BmadeoforcaLlmore complete and accurate description. Reference is also made to deeds recorded in Book 1025, Page 418 and Book 1029, Page 585, Beaufort County Registry. MAY o zoos v?ena;?r o ;?--- OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality MAY 3 0 2002 "General" Major Variance Application F W 45 pm--- a-' u From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residenmaQ ?10N on existing lots within the coastal counties as defined by the Coastal Area Management Act (As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001) Please identify which Riparian Area Protection Rule applies. a. Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233) a," 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 4011Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete submittal. This form may be photocopied for use as an original. Part 1: General Information (Please include attachments.if the room provided is insufficient.). 1. Appl'.Sant's name (the corpor tion, ,ndividual, etc. who owns the property): MaY r?s 13 4'1 lD-? /J__L 2. Print Owner/Signing Official (person lega Name: a,Aa r le s Title: VIA 1? o Street address: 0 9 ?L Lk, City, State, Zip: 14 d ? ' Telephone: (S a) 7 Fax: ! Ste) -7 ?f - 3. Contact person who can answer ues Name: 1tt 1"??' S Telephone: " Fax: ( S-?) o - e Email: C < r ?" "General" Variance Application Form Version 1: May 2001 ible for the property and its compliance) r- C F /a _/+_7T- - U2 about the proposed project: D _Trf C0 4. Project Name (Subdivision, facility, or establishment name -consistent with project name on plans, specifications, letters, eration and maintenance agreements, etc.): 5. Project Location: Street address: 5 et L)J P_ f rL V? City, State, Zip:.,.,.. -7. County: Latitude/longitude: 6:' Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the portion _ _ of the USGS topographic map indicating the location of the site):.. 7. Stream to be impacted by the proposed activity: Stream name (fqr unnamed streams label as "UT" to the nearest named stream): ISr C,. G?, CL reeK Stream classification [as identified within the 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 ig ft2.: , p u c, 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 j r, II 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-pla?r ng vegetation or enhancement of existing vegetation, etc.): // 1-J?C? D.J . I ?a " : • .? 1 C!, S C ?. vt ? i l.? C?? n rn? a) ?`e1 )L 4. Piease 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. , G j (3) If economic hardship is the major consideration, then include a specific explanation of the economic, h;;rd,,ghips 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: City, State, Zip: Telephone: "General" Variance Application Form, page 3 Version 1: May 2001 Fax: a Email: Part 5: Applicant's Certification (print or type name of.person listed in Part I, item 2), certify that the information included on this permit application form ?s 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: 4 g a°o Title: NC Division of Water Quality (DWQ) ® 2a e 401 Wetlands Certification Unit `73? 2321 Crabtree Blvd. (LOCATION) 1650 Mail Service Center (MAILING ADDRESS) Raleigh, NC 27699-1650 (919) 733-9726 (phone) http://h 20.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://www.saw.usace.army.mil/wetlands/regtour.htm WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers Post Office Box 1000 Washington, North Carolina 27689-1000 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: 2521946.6481 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 Version 1: May 2001 _ I _ - - a ? ---- - - -- - - - - - I - - ? I I p r IiG?.._9i -- - _ I I I l? w_ ?, c - - i Y - - -Wci 44 41JO- ---.-__-?- II I- .- *-" G" -- -0 - - 4,1 I I I I Y I I I i ?Cc) (J e ? A? t4 NC) 2 - - - J -?- r -- ?- - --- - I 8K1198PG396 -l NORTH CAROLINA PREPARED BY CARTER, ARCHIE & HA.SSELL, L.L.P. ATTORNEYS AT LAW, POST OFFICE DRAWER 2187 BEAUFORT COUNTY WASHINGTON, NORTH CAROLINA 27889 THIS DEED, made and given this IULh-- day of September, 1999, by CLARK S. LESLIE and wi fe, ESTELLE P. LESLIE, hereinafter referred to as "Sellers"; to CHARLES B. GRIFFIN, III and wife, MARCIA S. GRIFFIN of 109 Island Lane, Washington NC 27889, hereinafter referred to as "Buyers"; wrrNESSETH: That Sellers, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to them paid by Buyers, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto Buyers, their heirs and assigns, in fee simple, the following parcel or tract of land located in Long Acre Township, Beaufort County, North Carolina, and being more particularly described as follows: BEING all of Lots No. 8 and 8-A as the same are shown on that map of record in the Office of the Register of Deeds of Beaufort County in Plat Cabinet D, Slide 7 1. Tile map herein referred to was prepared by W. Duke Woodlief, Registered Land Surveyor, and is dated May 13, 1986, and is identified by the following legend: "Drain Fields of Lots 7, 8, & 9, Pamlico Plantation - Phase L" Further reference is made to said map for a more complete and accurate description of this property. There is also conveyed herewith the land lying between the high water mark of Broad Creek and the Western Line of Lot 8 above described. Being the same property conveyed to Clark S. Leslie and wife by Deeds recorded in Book 1025, Page 418 and Book 1029, Page 585, Beaufort County Registry. There is also conveyed a non-exclusive utility easement to be used in conjunction with others, ten (10') feet in width, for the purpose of a sewage line and said utility easement runs from Lot 8 to Lot 8-A and said utility easement herein conveyed is shown on the reap heretofore referred to and reference is hereby made to said map for a more complete and accurate description of said easement. BSAIiFORT COUfIT'i BUIIFORT COUNTY LAND RECORDS STATE OF $ 0 (D 4 Lft.roRh?ool._ 1 nszz RTH 5SEILINA Real Estate ACCEMP G ? ?', l Excise Tax ISIVIY F-20- 5'Y 1.,110 Records Official flab 5K11y8PG397 TO 1lAVE AND TO HOLD the aforesaid tract or parcel of land together with all privileges and appurtenances thereunto belonging or in anywise appertaining unto Buyers, their heirs and assigns, in fee, forever, subject to the following: 1. Beaufort County ad valorem taxes for 1999 and subsequent years. 2. Mineral Reservation to Weyerhaeuser Company in Deed recorded in Book 1025, Page 418, Beaufort County Registry. 3. Restrictive Covenants in Book 831, Page 73, as revised in Book 1143, Page 49. 4. Easements and rights of way for public utility lines crossing and/or serving the property. 5. Any portion of the property lying below the highwater mark of Broad Creek. 6. Tfie laws and regulations of the United States, State of North Carolina and Beaufort County regarding waterfront property and wetlands. And Sellers covenant and warrant to and with Buyers, their heirs and assigns, that they are seized of the above described lands in fee and have the right to convey the same, that the same are free from all liens and encumbrances except those above set forth, and that subject only thereto Sellers will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, Sellers have hereunto set their hands and adopted as their seals the typed word "SEAL" appearing by their respective signatures. "=- (SEAL) ,ARK S. LES ?eff- "V ,f LE- (SEAL) P. LESLI -2- BK1148Po398 STATE OF NORTH CAROLINA COUNTY OF BEAUFORT Refore me, the undersigned Notary Public in and for the state and county aforesaid, personally appeared CLARK S. LESLIE and wife, ESTELLE P. LESLIE, and they each acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and Notarial Seal, this jDgt' day of September, 1999. My commission expires: (-1 {?- zZ=O3 1 EA\jj\LESI.IE, GRIFFIN DEED(8.6 9) NOTAPdY PUBLIC ?'v'S•''? . III- f?qvnFoi.ng Ce?!i.fi_oMt of (.r ' I 1 I r. +n}. Tl Ji'. C 7. °_. cerhified to b orv ni 1:, t By (71•f,•'?c: b{., 7- (1 j. .?..FC q•('.:i .??JJ (?X),7 t?V i?B?T ?. rf?-f?j, ?1' ?1 .??.7. t? -3- i EXHIBIT " A Lying and being in Long Acre Township, Beaufort County, North Caro.l.i.na, more particularly described as follows: BEING A_LI, of Lots No. Eight (8) and Eight A (8-A as the same are shown on the map of record b W. ) dated May 13, 1986, entitled " y Duke 4Voodlief, 9, Pamlico Plantation-Phase I „Drain Fields of Lots 7, 8, & , a copy of recorded in Plat Cabinet D, Slide 71, Beaufort County Registry, to which reference is hereby made for a more complete and accurate description. Reference is made deeds recorded in Book 1025, Page 418 and Book 1029 Page to 585, Beaufort County Registry.