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HomeMy WebLinkAbout20030408 Ver 1_COMPLETE FILE_20030403OF WA TF R Michael F. Easley `O"A pG Governor Cq r William G. Ross, Jr., Secretary ] y Department of Environment and Natural Resources D Alan W. Klimek, PE, Director Division of Water Quality April 15, 2003 DWO # 03-0408 Pamlico County Page 1 of 2 Wade H. & Brenda H. Ford P.O. Box 308 Silva, NC 28779 Subject Property: Lot No. 8, Dawson Bluff Subdivision, 1174 Old MITI Road, Oriental, NC 28571 Dawson Creek [03-04-10, 27-125-(6), SA HQW (high quality) 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. & Mrs. Ford: You have our approval, in accordance with the conditions listed below, to impact 485 square feet (fe) of Zone 2 (only) of the protected riparian buffers for the purpose of constructing a single family residence on the subject property as described within your application dated March 25, 2003. This letter shall act as your approval for the use of the "General" Major Variance; From the Neuse and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS as approved by the Water Quality Committee (WQC) of the Environmental Management Commission (EMC) on May 10, 2001. In addition, you should get any other required federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control and CAMA permits. This approval shall expire when the variance expires on April 11, 2006 unless it is renewed before that time by the EMC. This approval is only valid for the purpose and design that you described in your variance request. If you change your project, you must notify us and you may be required to send us a new request for approval. If the property is sold, the new owner must be given a copy of this approval and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed below. Conditions: 1. No Impacts to Zone 1 No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities designated as "exempt" within 15A NCAC 02B .0233), unless otherwise approved by the DWQ. 2. Landscaping / Mitigation Plan You are required to implement the landscaping/planting plan as proposed within your application to mitigate for the loss of the protected buffers. The landscaping plan must include planting at least four (4) native hardwood trees and seven (7) woody shrubs within the retained portions of the protected buffers. You must ensure the survival of the trees and shrubs for a period of a least five (5) years. You are required to replace any of these trees or shrubs that die within this five (5) year period. You are required to provide proof in writing that the trees and shrubs have been planted within one year of the date of this letter. The proof of plantings shall be submitted to the Wetlands/401 Unit and copied to the Washington Regional Office. 3. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to 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/ncwetlands/ Page 2 of 2 the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 4. Diffuse Flow All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-erosive velocities prior to entering the protected riparian buffers as identified within 15A NCAC 2B .0233(5). No new ditching or piping of stormwater through the protected buffers is allowed. If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules (15A NCAC 2B .0233 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Ms. Tom Steffens at 252-946-6481 if you have any questions or require copies of our rules or procedural materials. Sincerely, Prim ek, P.E. DWQ Attachments: Coastal General Variance Certificate of Completion cc: Thad Roberts, Coldwell Banker, Willis-Smith Company, P.O. Box 864, Oriental, NC 28571 Tom Steffens, DWQ Washington Regional Office Tracey Wheeler, DCM Morehead City District Office, 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC 28557 File copy Central Files DWQ Project No. 03-0408 April 15, 2003 bz WILLIS-SMITH COMPANY RECEIVED APR - 3 2003 April 2, 2003 DWQ-WARO Mr. Bob Zarecki NCDWQ 2321 Crabtree Blvd. Raleigh, NC 27604 Dear Bob: Thank you for your time on the phone today. 115 MIDDLE STREET, PO. BOX 1575 NEW BERN, NC 28563-1575 BUS. (252) 638-3500 (800) 334-0792 FAX (252) 638-3695 www.coldwcllbankerbomcs.com L•-MAIL smitsb +coldwcllbanker.com 401 HODGES STREET, P.O. BOX 864 ORIENTAL, NC 28571 BUS. (252) 249-1000 TOLL FREE (800) 326-3748 FAX (252) 249-2663 www.pamlico-nc.conVcoldwell EMAIL sailing@coldwellbankcr.com WETLANDS/401 GROUP APR 8 2003 WATER QUALITY SECTION Per your instructions, please find enclosed one original and two copies of the variance application for homesite #8 in Dawsons Bluff subdivision in Pamlico County. Weyerhaeuser Real Estate Development Company was the developer of Dawsons Bluff in 1995. The recorded plat showed the 404 Jurisdictional Wetlands as approved by the US Army Corps of Engineers. All sixteen homesites were approved by the Pamlico County Health Department for on-site septic systems. These permits were issued at the time, or just prior to, the community being made available for sale. Given the above your belief was that these lots would qualify for a "General Variance" as opposed to the "Minor Variance". Thank you in advance on this variance. Please advise should you need additional information from me on this matter. Sincerely Thad Roberts xc. Tom Steffens Washington Office Each Office Is Independently Owned And Operated. State of North Carolina Department of Environment and Natural Resources Division of Water Quality Variance Request Form - for Minor Varian'? Protection and Maintenance of Riparian Areas Rules RE8EIVED NOTE. This form may be photocopied for use as an original. APR - 3 2003 Please identify which Riparian Area (Buffer) Protection Rule aprQW NARO • Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 0213.0233) • Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 0213.0259) • Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B.0243) 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): Wade H. and Brenda H. Ford 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Wade H. Ford and Brenda H. Ford Title: Owners Street address: P. O. Box 308 VVETIANDS1401 GROUP City, State, Zip: Silva, NC 28779 APR ?_003 Telephone: ( 828) 586-8812 WATER QUALITY SECTION Fax: (828) 631-0620 3. Contact person who ca: iswer questions about the proposed prf Name: Missy Baskervill & Thad Roberts Telephone: (252) 249-1000 Fax: (252) 249-2663 Email: realestate@pamlico.net I: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Dawson Bluff Subdivision, Lot Number 8 5. Project Location: Street address: 1174 Old Mill Road City, State, Zip: Oriental, NC 28571 County: Pamlico 6. Latitude/longitude: 35 01' 15" N - 76 46' 58" W Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the USGS topographic map indicating the location of the site): From Hwy 55. just west of Oriental, turn onto SR 1005, heading towards the town of Arapahoe. At Lovick Lee Road turn left, {just after water tower). Then turn right onto Old Mill Road. Lot is on left and has a sign nailed to tree with "Lot 8". 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Dawson Creek Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: Neuse-15A NCAC 213.0315 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: X 1995 X 03/10/99 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 ft2.]: Construction of a single family home by the Buyers; Raymond McNaughton and Patricia McIntyre. Primary planned disturbance is footprint of home. 485 SQ. FT. disturbance in Zone 2. Some temporary disturbance may take place, during construction, around perimeter of home, ie; temporary placement of scafolding, etc. necessary to construct home. See attached survey. 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: Homesite was originally designed (1995) working with 75' AEC building lines, 404 wetland delineation, 100' setback from SA waters for drainfield. Plat recorded in 1995. With site-specific placement of the septic, location of 404 wetlands, topography of building area, and possible loss in value due to loss in reasonable water view and access, the home will not fit in any other location on the lot. 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.): Landscape/planting around structure after completion to stablize site and difuse runoff. Enhancement of existing vegitation. 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. Septic drainfield area is very specific. The lot has a large area of 404 wetlands and topography that dictates where a structure can be located. (2) How these difficulties or hardships result from conditions that are unique to the property involved. Limited usable space prior to legislation of Buffer Rules. No suitable alternative to, relocate home based on limited area approved for septic drainfield. Due to extensive nature of coastal vegitation and 404 wetlands the building site is severly impacted by the buffer rules. (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. Negates value ($59,000) as waterfront homesite to woodland values ($300-$500/acre). 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): Coldweil Banker Willis-Smith Co., Missy Baskervill & Thad Roberts Mailing address: P. 0. Box 864 City, State, Zip: Oriental, NC 28571 Telephone: 252-249-1000 Fax: 252-249-2663 Email: realestate@pamlico.net Part 5: Applicant's Certification 1, 161? e a c lo IV, ku2 cr 6,/a olr /-/ /-_oiz d(print or type name of person listed in Part I, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date: Title: U ul- r WETLANDS / 401 GROUP APR 8 7003 WATER QUALITY SECTION ?E. ` < _:. .; - .' Y It - ??:? „` <' ?. • ., ? (?,, ? j ? r ?-' '' ?'? ? i (? ..: l ? ??...?. 1 ??' I .? I Lam' ,,k I , {,?? : ?.: 1 f r ? 1 1 1 ' I f +? ? i. 1 t _.: NOTES t. SURVEN0l4 HAS MADE NO INDEPENDENT SEARCH OR INVESTIGATION FOR RIGHTS-OF-WAY OR EASEMENTS OF RECORD FOR STREETS HHIGHWAM PUBLIC U77U7IES NOR FOR ENCUMBRANCES RESTAYC77VE COVENANTS OMNERSHIP, 777LE OR ANY OTHER FACTS THAT A CURRENT 777LE SEARCH MAY DISCLOSE 2 THIS PROPERTY LIES IN A FEMA DMGNA7ED'ZONE A' AS SHOW ON FIRM 370181 0270 d DATED SEPTEUDER 4, 1981 .I THIS SURVEY PUT DOES NOT CREATE A SUBA'V15ION. 4. ALL DHSTANCES ARE HCBZCWTAL. S AREA BY COORDINATES 6. THIS MAP IS NOT A CERTIRED SURVEY AND HAS NOT BEEN REWVYW BY A LOCAL GOVMVMENT AGENCY FOR COMPLIANCE PATH ANY APPLICABLE LAND DEVELOPMENT RECULA TONS 7. PROPERTY INFORMATION AS PROWDED AND TAKEN ERCA PLAT CABWET A, SLIDE 82-4 PAMLICO COUNTY REGISTRY. 'ills 1 A 1 A Iz I ? w W C I6 MEANDER V LINE N HIGH TER IS Q I PROPERTY ( I LINE Q I Q I? 'D I? I? I I il!k iL 'L L 359'U`l SEPTIC SYSTEM LOCA77ON FROM PAMLICO COUNTY HEALTH :ACT 9 DEPARTMENT IMPROVEMENT PERMIT DATED 3/10/99 APPROXIMATE 404 WETLAND LINE BASED ON LOCATION OF •E EXISTING MARKINGS IN F7ELD. 7HIS SURVEY DOES NOT ?4.p9'00 O REPRESENT A CER77F7E0 404 WETLAND DELINEA77ON u I r SURVEY AS DEFINED BY THE ARMY CORPS OF 0 1 i ENGINEERS Im I u ,'' I T= D Ilk - ' m TRACT 8 l MPS{?E" ° z I PRIX NO ? al ? pP ?(1,I' I A ,-'AREA INSIDE ' ZONE 2 ? IR AREA" ,?\ ?.? I l u ?k485 SQ. FT ?" REPAe9,-' ?? " -EXI- I I _SI]N'-R? _ E39 LAMA PROPOSED 0 0 D {4ELLING (T.)? 90'X70 FOOTPRINT o ( I Z { , ------- ? .. 90 EIR APp?9Np LINE 190.2, \??\ (CONTROL) - - O'W Ll Al. VEGETTA TON LINE N8N8 f w l I 575-00 0 91L - TRACT 7 ? '?` 1 EIRE - a i 136-63 (CON7ROL1____---- i4lc s!c ?? '? b6 01 REFERENCE 510 ' BOUNDARY INFORMATION AND SECTION 4041%1ARSH LINE FROM DAWSCW BLUFF SUBOVISION MAP, DATED MAY S 1994, AND RECORDED P.C. A. SL 82-4. S84I 161.00' 60 0 30 60 1 inch = 60 it. PLANNING MAP FOR THIS MAP IS FOR ENVIRONMENTAL HEALTH AND PLANNING PURPOSES ONLY ®NXON SURVEYING D 03/17/03 RA Y McNAUGHTON SUR=ORS CON=TANTS A PORTION OF TRACT 8 THIS MAP IS NOT INTENDED FOR CONVEYANCE, DEED PREPARATION, OR SALES P.O. Bar no ORIFNTA4 N.C. 2857T DRAMING NUMBER DAWSON BLUFF SUBDIVISION (25Z) Z42-?Wl ,?,?w_??yfnj.com PP-03029 TAX ID: G08-60-8 TONNSHIP 5 PAMLICO COUNTY NORTH CAROLINA WILLIS-SMITH COMPANY WENNDS1401 GAOUp APR 3 2n I I5 MIDDLE STREET, PO. BOX 1575 NEW BERN, NC 28563-1575 BUS. (252) 638-3500 (800) 334-0792 FAX (252) 638-3695 www.colctwellbankerhomes.com E-MAIL sinitsh@coldwellbanker.coin 401 HODGES STREET, P.O. I3OX 864 ORIENTAL, NC 28571 BUS. (252) 249-1000 TOLL FREE (800) 326-3748 FAX (252) 249-2663 www.pamlico-nc.com/coldwell EMAIL sailing@coldwellbanker.com ? wA?RQUq ? ? April 2, 2003 LRYSECrloN Mr. Bob Zarecki NCDWQ 2321 Crabtree Blvd. Raleigh, NC 27604 Dear Bob: Thank you for your time on the phone today. Per your instructions, please find enclosed one original and two copies of the variance application for homesite 48 in Dawsons Bluff subdivision in Pamlico County. Weyerhaeuser Real Estate Development Company was the developer of Dawsons Bluff in 1995. The recorded plat showed the 404 Jurisdictional Wetlands as approved by the US Army Corps of Engineers. All sixteen homesites were approved by the Pamlico County Health Department for on-site septic systems. These permits were issued at the time, or just prior to, the community being made available for sale. Given the above your belief was that these lots would qualify for a "General Variance" as opposed to the "Minor Variance". Thank you in advance on this variance. Please advise should you need additional information from me on this matter. Sincerely 1 Thad Roberts xc. Tom Steffens Washington Office Each Office Is Independently Owned And Operated. 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 (Buffer) Protection Rule applies. • Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233) • Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0259) • Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B.0243) 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): Wade H. and Brenda H. Ford 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Wade H. Ford and Brenda H. Ford Title: Owners Street address: P. O. Box 308 City, State, Zip: Silva, NC 28779 Telephone: ( 828) 586-8812 WETLANDS/ 401 GROUP APR 3 ?00.3 WATER QUALITY SECTION Fax: 828) 631-0620 J. Contact person who ca: iswer questions about the proposed pr( Name: Missy Baskervill & Thad Roberts Telephone: (252) 249-1000 Fax: (252) 249-2663 Email: realestate@pamlico.net A: 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Dawson Bluff Subdivision, Lot Number 8 5. Project Location: Street address: 1174 Old Mill Road City, State, Zip: Oriental, NC 28571 County: Pamlico 6. Latitude/longitude: 35 01' 15" N - 76 46' 58" W Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the USGS topographic map indicating the location of the site): From Hwy 55. just west of Oriental, turn onto SR 1005, heading towards the town of Arapahoe. At Lovick Lee Road turn left, (just after water tower). Then turn right onto Old Mill Road. Lot is on left and has a sign nailed to tree with "Lot 8". 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Dawson Creek Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: Neuse-15A NCAC 213.0315 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received _X_1995 X 03/10/99 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 fts.]: Construction of a single family home by the Buyers; Raymond McNaughton and Patricia McIntyre. Primary planned disturbance is footprint of home. 485 SQ. FT. disturbance in Zone 2. Some temporary disturbance may take place, during construction, around perimeter of home, ie; temporary placement of scafolding, etc. necessary to construct home. See attached survey. 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: Homesite was originally designed (1995) working with 75' AEC building lines, 404 wetland delineation, 100' setback from SA waters for drainfield. Plat recorded in 1995. With site-specific placement of the septic, location of 404 wetlands, topography of building area, and possible loss in value due to loss in reasonable water view and access, the home will not fit in any other location on the lot. 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.): Landscape/planting around struchire after completion to stablize site and difuse runoff. Enhancement of existing vegitation. 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. Septic drainfield area is very specific. The lot has a large area of 404 wetlands and topography that dictates where a structure can be located. (2) How these difficulties or hardships result from conditions that are unique to the property involved. Limited usable space prior to legislation of Buffer Rules. No suitable alternative to relocate home based on limited area approved for septic drainfield. Due to extensive nature of coastal vegitation and 404 wetlands the building site is severly impacted by the buffer rules. (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. Negates value ($59,000) as waterfront homesite to woodland values ($300-$500/acre) Part 3: Deed Restrictions By your signature in Part 5 of this application, you certify that all structural stormwater best management practices required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. Part 4: Agent Authorization If you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent (individual or firm): Coldwell Banker Willis-Smith Co., Missy Baskervill & Thad Roberts Mailing address: P. O. Box 864 City, State, Zip: Oriental, NC 28571 Telephone: 252-249-1000 Fax: 252-249-2663 Email: realestate@pamlico.net Part 5: Applicant's Certification I, Xlpe o 6 // o-le c? AJ.4c e 1y. T 2 [? (print or type name of person listed in Part I, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date: Title: S- a? v 3 Cy ur?uuo? .A .0' f` f ??, k^s t- t `i. 1 `- j t i i I ( i k t I ` r M i f i S NOTES 1. SURtf)W HAS MADE NO INDEPENDENT SEARCH OR INVESDCARCM FOR RIGHTS-CIS--WAY OR EASEUENTS OF RECORD FAR S7REE1$ HIGHWAYS, PUBLIC URUDES NCR FAR ENCUMBRANCES RES=TIVE COVENANTS OMNERSWP, RILE OR ANY OTHER FACTS THAT A CURRENT RILE SEARCH MAY DISCLOSE 2 THIS PROPERTY UES IN A FEAIA DE.SIGNATED 70VE A' AS SHOW ON FIRM 370181 0270 a DATED SEPTEMBER 4, 1985 a TMS SURVEY PUT DOES NOT CREATE A SU5A'11SIAV. 4. ALL (STANCES ARE HCMZOVTAL S AREA BY COORWVA TES 8. TMS MAP 1S NOT A CER7f7ED SURVEY AND HAS NOT BEEN REVERED BY A LOCAL COVERRrLMENT AGENCY FO? COMPUANCE YATH ANY APPLICABLE LAND DEVELOPMENT REC LA DONS 7. PROPERTY INFTA2 AD0V AS PROVIDED AND TAKEN FROM PUT CABINET A. SLIDE 82-4 PAMUCO COUNTY RECSTRY. iL 1 A l i?L to crI? MEANDER I? LINE MEAN HICH WATER IS I PROPERTY I LINE ilL I Q SEPTIC SYSTEM LOCATION FROM PAMLICO COUNTY HEALTH TRACr s I DEPARTMENT IMPROVEMENT PERMIT DATED 3110199 I I APPROXIMATE 404 WETLAND LINE BASED ON LOCATION OF •E ' EXISTING MARKINGS IN FIELD. THIS SURVEY DOES NOT N?4.'09 0 O REPRESENT A CERTIAED 404 WETLAND DELINEATION SURVEY AS DEANED BY THE ARMY CORPS OF i` p I O ENGINEERS I 122 ? 'i'c ? / I r (n >wk ' 404-- fir TRACT 8 01 m ROX?M p ??E D Z PCP, ?pt? O -? I ro50o ` 1 ??, "_ AREA ,uc N?359 00, 1 /ZONE 2 SIDE 'IR'pREA_ .? 218' I E L 485 S0. FT. R_ PA 89'"??? I ?I. v? I" 'D IC', I, I I S84I 161.00 AL AL / i iNI11A89°- ? C:IMA PROPOSED FLAG S T / DWELLING O? r / 90 X70' v 1 FOOTPRINT o VECETADON LINE ?lVt 0 AL O 190.21 S75.00?00'W 1L -? AL ' EIR '36 83 'CON TROL1---------, ?llt ?06101'VI L REFERENCE 510 , BOUNDARY 1NFDRMA7704 AND SECDQV 404111ARSH / LUNE FRAM DAWSON BLUFF SUBDIViS1OV MAP, DATED ' MAY A 1994, AND RECORDM P.G A, SL 82-4. / l EIR N802100 p1 / (CONTROL) j TRACr ? / F Go 0 30 60 / 69-1 P3,1 lid 1 m 1 inch = 60 fk q 1 a THIS MAP IS FOR ENVIRONMENTAL HEALTH AND PLANNING PURPOSES ONLY ,,,,,NIXON SURVEYING DATE 03/17/03 RA Y McNAUGHTON SURVEYORS CONSULTANTS A PORTION OF TRACT 8 THIS MAP IS NOT INTENDED FOR CONVEYANCE, DEED PREPARATION, OR SALES P.O. Bar SW OMNTA4 N.C 28877 [DRAW NO NUMBER DAWSON BLUFF SUBDIVISION (252) 249-72M ,?..nLronsurro'L°a.oom PP-03029 TAX ID: GOB-60-8 TOWNSHIP 5 PAMLICO COUNTY NORTH CAROLINA State of North Carolina Department of Environment and Natural Resources Division of Water Quality 030408 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 (Buffer) Protection Rule applies. • Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233) • Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 0213.0259) • Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 0213.0243) 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): Wade H. and Brenda H. Ford 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Wade H. Ford and Brenda H. Ford Title: Owners Street address: P. O. Box 308 City, State, Zip: Silva, NC 28779 Telephone: 828) 586-8812 WETLANDS1401 GROUP APR 3 2003 WATER QUALITY SECTION Fax: (828) 631-0620 Name: Missy Baskervill & Thad Roberts Telephone: (252) 249-1000 Fax: "(252) 249-2663 Email: realestate@pamlico.net 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Dawson Bluff Subdivision, Lot Number 8 5. Project Location: Street address: 1174 Old Mill Road City, State, Zip: Oriental, NC 28571 County: Pamlico 6. Latitude/longitude: 35 01' 15" N - 76 46'58" W 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 Hwy 55, just west of Oriental, turn onto SR 1005, heading towards the town of Arapahoe. At Lovick Lee Road turn left, {just after water tower). Then turn right onto Old Mill Road. Lot is on left and has a sign nailed to tree with "Lot 8". 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Dawson Creek Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neese) or.0316 (Tar-Pamlico)]: Neese-15A NCAC 26.0315 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: X 1995 X 03/10/99 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 ftz.]: Construction of a single family home by the Buyers; Raymond McNaughton and Patricia McIntyre. Primary planned disturbance is footprint of home. 485 SQ. FT. disturbance in Zone 2. Some temporary disturbance may take place, during construction, around perimeter of home, ie; temporary placement of scafolding, etc. necessary to construct home. See attached survey. 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: Homesite was originally designed (1995) working with 75' AEC building lines, 404 wetland delineation, 100' setback from SA waters for drainfield. Plat recorded in 1995. With site-specific placement of the septic, location of 404 wetlands, topography of building area, and possible loss in value due to loss in reasonable water view and access, the home will not fit in any other location on the lot. 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.): Landscape/planting around structure after completion to stablize site and difuse runoff. Enhancement of existing vegitation. 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. Septic drainfield area is very specific. The lot has a large area of 404 wetlands and topography that dictates where a structure can be located. (2) How these difficulties or hardships result from conditions that are unique to the property involved. Limited usable space prior to legislation of Buffer Rules. No suitable alternative to, relocate home based on limited area approved for septic drainfield. Due to extensive nature of coastal vegitation and 404 wetlands the building site is severly impacted by the buffer rules. (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. Negates value ($59,000) as waterfront homesite to woodland values ($300-$500/acre) 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): Coldwell Banker Willis-Smith Co., Missy Baskervill & Thad Roberts Mailing address: P. O. Box 864 City, State, Zip: Oriental, NC 28571 Telephone: 252-249-1000 Fax: 252-249-2663 Email: realestate@pamlico.net Part 5: Applicant's Certification 1 i*e o --O2 0/ AJ4c(e /-/ 4j? 2 (print or type name of person listed in Part I, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: <1 X Date: ,3-as-o3 Title: .,*INV Dam 717 41 .0 fill l Y? + x + + +?} ?;,? • ? • ? •?• ?? (7114 S'- 0.7 oAr. Ml, ? - •?l.l +? ;.?? , Grtl Gomel No 2 NOTES 1. SURVfr0R HAS MADE NO LVDD39MENT SEARCH OP IMVES77CA770V FOR R1CHTs-o -WAY GVH EISfME as cr RECORD FOP Smum ioG HWAm PUBLIC U77LI77ES NOR FOR ENCUAf3M = RESTMCRVE COPU M ONNERWP, TIRE OR ANY OTHER FACTS THAT A CURRENT 777LE SEARCH MAY D SCLOSE 2 THIS PRO°ERTY UES IN A FEMA XYGNATED 7OVE A' AS 910M ON nRM J701M 0170 a DATED SLPTEMBER 4, 1985 .1 THIS SURVEY PLAT DGIXS NOT CREATE A SU=Vf.S10V. 4. ALL DISTANC£s ARE HOWZMTAL S AREA BY COORDINA TEM 6. THIS MAP IS NOT A CLRRFIED SURVEY AND HAS NOT BEEN REVEKED BY A LOCAL COVMWENT AGENCY FOR COWPUANCEE WTH ANY APPUCABIE LAND DEVELO°irimr REIX/LAflOVS 7. PRO°ERTY isra iU 7IOV AS PRONDED AND TAKEN fROM PLAT C amu A, SLIDE 82-4 PAMLIO7 COUNTY REGSTRY. 14/.)'- 59.00 1 yl? I CAMA I° LAG Alo i FM X ? ll? / ic1 I 1-4 Iz •I0 C I MEANDER nAc f I? LINE I VECETA77 MEAN HICH LINE WATER rS I O I PROPERTY i I LINE I Q I S84'42'00"W Q 161.00' SEPTIC SYSTEM LOCATION FROM PAMLICO COUNTY HEALTH TRACT s I DEPARTMENT IMPROVEMENT PERMIT DATED 3110199 APPROXIMATE 404 WETLAND LINE BASED ON LOCATION OF '00 E EXIS77NG MARKINGS IN FIELD. 7HIS SURVEY DOES NOT N-74-09 REPRESENT A CERTIFIED 404 ISETLAND DELINEATION SURVEY AS DEFINED BY THE ARMY CORPS OF ENGINEERS 9Vc --' 3lc. ' AEA --' TRACT 8 Y'l SIN PPp9o)(Im?0 'AREA INSIDE --'' ; REA, 218 ZONE 2 "IR A ' I ?7- 111 O 10 . ? m I I r m I I I I - 485 S0. FT. ? ,,- I I /? • \ III-' ? 89 cYS M ?? EX/Sn_NG D_Rll'E{yAy; ?' /. v v. PROPOSED v S. T. o D{4T LLING ... :? . 90X70 ' .' FOOTPRINT o 190.27 9N& l dL o 0,00 w ILL 5-75 l EIR 36.83 (CONTROL1_--'--- ' 1 p p6.07"W AL REFERENCE 1 i ? - ' BOUNDARY lMr"A770H AND SEC770V 4041VAR21 -- --' LINE FROM DAwSOV BLUFF SULDWS70V MAP, DATED MAY a 1994, AND RECORDED P.a A. SL 82-4. I EIR N80:?I,O ly l (CONTROL) rRACr ? ? / 60 0 30 60 1 inch = 60 M q I , 0 DALE PLANNING MAP FOR THIS MAP IS FOR ENVIRONMENTAL HEALTH AND PLANNING PURPOSES ONLY ®NIXON SURVEYING 03117103 RA Y McNAUGNTON SURVEYORS CON=TANTS A POR77ON OF TRACT 8 THIS MAP IS NOT INTENDED FOR CONVEYANCE, DEED PREPARATION, OR SALES P.O. BOZ= omN= ma zwn DRANINO NUMBER DAWSON BLUFF SUBDIVISION ( 2) PP-03029 TAX ID: G08-60-8 TOWNSHIP 5 PAYUCO COUNTY NORTH CAROLINA 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 (Buffer) Protection Rule applies. • Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233) • Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0259) • Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B.0243) 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): Wade H. and Brenda H. Ford 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Wade H. Ford and Brenda H. Ford Title: Owners Street address: P. O. Box 308 "ETLANU$1401 GR OUP City, State, Zip: APIA Silva, NC 28779 2003 Telephone: 'VATERQUALITY SECTIO N 828) 586-8812 Fax: 828) 631-0620 Name: Missy Baskervill & Thad Roberts Telephone: (252) 249-1000 Fax: ,(252) 249-2663 Email: realestate@pamlico.net 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Dawson Bluff Subdivision, Lot Number 8 5. Project Location: Street address: 1174 Old Mill Road City, State, Zip: Oriental, NC 28571 County: Pamlico 6. Latitude/longitude: 35 01' 15" N - 76 46' 58" W Directions to site from nearest major intersection (Also, attach an 8'/Z x 11 copy of the USGS topographic map indicating the location of the site): From Hwy 55, just west of Oriental, turn onto SR 1005, heading towards the town of Arapahoe. At Lovick Lee Road turn left, (just after water tower). Then turn right onto Old Mill Road. Lot is on left and has a sign nailed to tree with "Lot 8". 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Dawson Creek Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neese) or.0316 (Tar-Pamlico)]: Neese-15A NCAC 2B.0315 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: _X_'1995 X 03/10/99 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 ft2J: Construction of a single family home by the Buyers; Raymond McNaughton and Patricia McIntyre. Primary planned disturbance is footprint of home. 485 SQ. FT. disturbance in Zone 2. Some temporary disturbance may take place, during construction, around perimeter of home, ie; temporary placement of scafolding, etc. necessary to construct home. See attached survey. 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: Homesite was originally designed (1995) working with 75' AEC building lines, 404 wetland delineation, 100' setback from SA waters for drainfield. Plat recorded in 1995. With site-specific placement of the septic, location of 404 wetlands, topography of building area, and possible loss in value due to loss in reasonable water view and access, the home will not fit in any other location on the lot. 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.): Landscape/planting around structure after completion to stablize site and difuse runoff. Enhancement of existing vegitation. 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. Septic drainfield area is very specific. The lot has a large area of 404 wetlands and topography that dictates where a structure can be located. (2) How these difficulties or hardships result from conditions that are unique to the property involved. Limited usable space prior to legislation of Buffer Rules. No suitable alternative to, relocate home based on limited area approved for septic drainfield. Due to extensive nature of coastal vegitation and 404 wetlands the building site is severly impacted by the buffer rules. (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. Negates value ($59,000) as waterfront homesite to woodland values ($300-$500/acre) 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): Coldwell Banker Willis-SmKh Co., Missy Baskervill & Thad Roberts Mailing address: P. O. Box 864 City, State, Zip: Oriental, NC 28571 Telephone: 252-249-1000 Fax: 252-249-2663 Email: realestate@pamlico. net Part 5: Applicant's Certification 1, eif'e o // (? AJ4e(e /y 4 C! (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 tie 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: 3-as-o.3 Title: C7 ur?ut? Dam AM, r• I r I,t c 1 ?N .>D' .'ter 3 '' • '? 'I -c _J? ?"i+ Jr; r '1 .l{ . ? ip ! 9 + tt• ?5 !t _ y. t ? t !.` l`%i (yaw) ?t t _.'.VPif .??ai, _ r_ _'"_•_ `.S t!'?'hlr.i[I ''?? `},1 I ??,', .. ly N07ES 1. S(1Rwm HAS MADE No 910EyE IDENr SEARCH OR fims77GA DCW FOR RIGHIS-OF WAY OR EASQ/ENTS Or W0014D FOR SJRa-M IYGNWAM PUBUC UTMUDES NOR FOR ENC lW9UN= RESWCME COMi NM OWADM P, DAE OR ANY OTHER FACTS THAT A CURRENT 777lE SEARCH MAY DISCLOSE 2 THIS PROPERTY LIES IN A FE WA DESGNA TED'ZONE A' AS SHOW ON F7AV JMIM 0270 A DATED SEPTEMBER 4, 1985 .1 THIS SURVEY PUT DOES NOT CREATE A SUBDI VISION. 46 ALL DISTANCES ARE HORIZONTAL 5 AREA BY COORDWAIM 6. THIS MAP IS NOT A CERRFIED SURVEY AND HAS NOT BEEN RENEMED BY A LOCAL GOVfR4AlENT AGENCY FOR CYMfPUANCE MITN ANY APPUCABIE LAND DE VELOPMW REGUU DONS 7. PROPERTY INFOWAZION AS FRONDED AND TAIOM FROM PUT CAEO'NET A, SURE 82-4 PAMUCO COUNTY REGISTRY. AkL 1 ? 1 1 ,*L >? I v AL I. 'D to Im (A l `l MEANDER UNE I AIL v N N IGH TER IS I I PROPERTY C I ONE I Q I S84-42'00 C.) 161.00 SEP77C SYS7EM LOCATION FROM PAMLICO COUNTY HEALTH TRACT 9 DEPAR774ENT IMPROVEMENT PERMIT DA7ED 3110199 APPROXIMATE 404 WETLAND LINE BASED ON LOCA77ON OF EXIS77NG MARKINGS IN FIELD. THIS SURVEY DOES NOT '00 E REPRESENT A CERTIFIED 404 WETLAND DELINEA77ON NT4,09 SURVEY AS DEFINED BY THE ARMY CORPS OF ENGINEERS , , ' AIL 9L AL ? 404 "- TRACT 8 P 'E 1L .05'0u N'3359.00 AL _ . 1 AL %. AL PP- SIN AL , AREA INSIDE 218 ZONE 2 A?R"AREA,- 1 OIL p10 rr, I Ire I °zl DI ? I, - _ I I 485 SO. FT u/?.'? / V PROPOSED D tc q DWELLING S. T 90'X70' I FOOTPRINT C) AkL I 0 ,- OW& .... __--WTLAND LINE 190.27 IN ,I' JAL ,f, OC/STAL . `. _ l / AL S'5 .00'00'W AL "--' VEGETATICIY --' L91E I EIR JIL AkL 136 83 (CONTROL 1-------- AL / 570,06,09?W >& REFERENCE BOUWARY N FO MA DOY AND SECDON 404111ARSH -' LINE FROII DAMSON BLGFF SUMVISTLW MAP, DATED MAYA 1994, AND REGYM M PC A, SL 82-4k I I I I EIR N8o:? p0`W l (CONTROL)' TRACT 7 / 60 0 30 60 1 inch = 60 ft. THIS MAP IS FOR ENVIRONMENTAL HEAL TH AND PLANNING PURPOSES ONLY ®NIXON SURVEYING D 03117103 RA Y MCNAUGHTON SURVEYORS CONSULTANTS A PORTION OF TRACT 8 7741S MAP IS NOT INTENDED FOR CONVEYANCE, DEED PREPARATION, OR SALES P.O. Bat WO ORMWM N.C; S&M DRAA"wG NUMBER DAWSON BLUFF SUBDIVISION (zw) Ogg-?= wrw r-ying-.oom PP-03029 TAX ID: G08-60-8 Tom-%flP 5 PAMUCO COUNTY NORTH CAROLINA