20030694 Ver 1_COMPLETE FILE_20030609

Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, PE, Director
Division of Water Quality
June 24, 2003
DWQ Project # 03-0694
. Hyde County
Thomas and Doreen Sutton
40 Styron lane
PO Box 145
Ocracoke, NC 27960
Subject Property: The Clammers Cottage, 21 Styron Lane, Ocracoke, NC 27960
"Oyster Creek Canal" (Pamlico Sound) [03-03-8; 29-(40.5), SA HQW (high quality)]
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. Sutton:
You have our approval, in accordance with the conditions listed below, to impact approximately 200 square feet (fe) of the
protected riparian buffers for the purpose of constructing an addition to an existing structure on the subject property as
described within your application dated June 3, 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. 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
the 401Metlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
2. 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 .0259(5). No new ditching or
piping of stormwater through the protected buffers is allowed.
3. Buffer Mitigation / Additional Plantings
You are required to mitigate for your Zone 1 impacts. To satisfy this on-site mitigation, woody vegetation
(native shrubs and trees) shall be planted in the retained portions of the protected riparian buffer on the
property where practicable. The preferred number of individual plants shall be such that there are at least
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/
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OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality 03 0694 D
"General" Major Variance Application Form -
From the Neuse and Tar .Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
zi 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, 9650 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. Applicant's name (the corporation, individual, etc. who owns the property):
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: ttc ? z PVN o t?e.4 S? i t?
Title:
Street address: 14D Si1J3zr iv t 3? lq-
City, State, Zip: C.4> } tLc ? -i
Telephone: Q---7r001,5,11
Fax: L 2L5-L_) t?,2,rR 2pO
3. Contact person who can answer questions about the proposed project:
Name: tt'-to{;?rvtt,
Telephone: 955_ C)2E?-- iaZA.-,?i 0?2?? - ?i
Fax: i2 ;FZ; - t?J 1
Email: i ?zea iA-W ev _ cc^
"General" Variance Application Form
Version 1: May 2001
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4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Tlv?_ C.I Ato mE)LS LeriT C_
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
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Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the portion
of the USGS topographic map indicating the location of the site):
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
LAMA 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.)
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
Stream to be impacted by the proposed activity:
StFean:w?e (for unnamed streams label as "UT" to the nearest named stream):
?ys-crLrL c?a? c.??
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neese) or.0316 (Tar-Pamlico)]:
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.:
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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.):
1 1t_D S\L:v Ffzt?xJr (??(?©SE- ? Ali-ROU WWLO t?Ufz ktNl"P-
AA Ac ?E -it t??U € A"A.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
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VA-41ANCf PS Al-?C WR-c-PMTIA VA-5 a dJCa,aUgT 1o P"O R oRd?e afb" Ao?,,osr zcoo,
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
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(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.
SCE IA&Q G -
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: pO tax
City, State, Zip: Ouapa"IA
(252 ?2F
"General" Variance Application Form, page 3
Version 1: May 2001

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Fax: _ 0252) 9Zt - n-L i
Email: tit 2-.C,- Lkt'% P Ct01 . Cmio??
Part 5: Applicant's Certification
1, 760VLKS NJO Q)dLf,,C N R -?J (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
Date:
Title:
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
hftp://h2o.enr.state.nc.us/ncwetiands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
General Number: [phone]
http://www.saw.usace.army.mil/wetiands/regtour.htm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number: [phone]
http://www.saw. usace. army.mil/wetiands/regtour. htm
Washington District Office
Division of Coastal Management
943 Washington Square Mali
Washington, NC 27889
phone: [phone]
Morehead City District Office
Division of Coastal Management
151-B Highway 24
Morehead City, NC 28557
phone: [phone]
"General" Variance Application Form, page 4
Version 1: May 2001
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DESIGN-BUILD
PO Box 41 Ocracoke NC 27960 Office: 252.928.1052 Field: 252.473.8870
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RESIDENCE
LOT #85 OYSTER CREEK SUB DIVISION, HYDE COUNTY, OCRACOKE, NC
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06/01/03
RESIDENCE
LOT #85 OYSTER CREEK SUB DIVISION, HYDE COUNTY, OCRACOKE, NC
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STATE OF NURIH UAKULINA
COUNTY OF HYQE
r; ;fir ? THIS DEED, made and entered into this the 3 day of
U W May, 1993, by and between KIRBY D. VAN LANDINGHAM, of the County
a, ca U
(D X
LU of Hyde, State of North Carolina. hereinafter referred to as
' CC
GRANTOR; to DORENE L. SUTTON, of P. O.'Box 145, Ocracoke, N. C.,
County of Hyde, State of North Carolina, hereinafter referred to
as GRANTEE.
7-
W I T N E S S E T H
cap CXo „+
W 2? That the said Grantor in consideration of the sum of TEN
u U) U
DOLLARS ($10.00) and other good and valuable consideration to him
in hand paid by said Grantee, the receipt of which is hereby
acknowledged, has bargained and sold, and by these presents, does
bargain, sell and convey unto the said Grantee, her heirs and
assigns, the following parcel or tract of land in the County of
Hyde, State of North Carolina, and in Ocracoke Township and more
particularly described as follows:
All that (those certain lot(s).or parcel(s) of
land, situate on Ocracoke Island, Hyde County,
North Carolina, known, numbered and designated as
Lot(s) Eighty-Five (85) as shown on the Plat of
Oyster Creek Banks dated November 20, 1969, made
by Robert D. Kramer, Jr., Registered Surveyor,
and recorded in the Office of the Register of
Deeds for Hyde County, North Carolina, in Map
Cabinet A, Slide No. 103A.
This being the same property conveyed to Grantor
herein by deed dated June 27, 1977 and recorded
in Book 103. Page 602 of the Hyde County
Registry.
TO HAVE AND TO HOLD the aforesaid tract o,r parcel of land
and all privileges and appurtenances thereunto belonging unto the
said Grantee, and her heirs and assigns forever.
The Grantor covenants with the Grantee that he is seized
in fee simple of the land above described and has good right and
title to convey the same; that the same is free and clear of all
lien.s and encumbrances, except ad valorem taxes for the current
year, and he will forever warrant and defend the title to the
same against all lawful claims and demands whatsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand
MA Y
HARVEY W. RAYNOR 111
ATTORNEY-AT-LAW
BELHAVEN. N.C.
and affixed his seal this the day and year first above written.
.(b, (SEAL)
KIRBY D. VAN LA INGHAM

STATE OF NORI-iTIH CAROLINA
COUNTY OF
+d? ?t a Notary Public, of the
aforesaid County, ,an.d State, do hereby certify that KIRBY D. VAN
LANDINGHAM 'persdhailly appeared before me this day and
acknowledged the due execution of the foregoing Deed.
WITNESS my hand and Notarial Seal, this the 3 day
of May, 1993.
W .
NOTARY PU LIC
Expires: S'2 - 3
/* r
NORTH CAROLINA
HYDE rOUNTY
The foregoing certificate of , a Notary Public e EM of the County o ?rt Sta te of to ether with h..a
Notarial Seal atached s ifed to be correct. This instrument was presented
for registration and recorded in Real Estate Book 14 page (-911 .
This the 41" day 6F YV\A-11 , 1993 at o' cloak , Pr . M.
Register of Deeds

?ra:cle?ed.
Grantor