20030862 Ver 1_COMPLETE FILE_20030703

OF NIA TF9P
O G
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
August 13, 2003
DWO Project # 03-0862
Pamlico County
Page 1 of 2
James A. Horton (owner)
2154 Coventry Road
Lancaster, PA 17601
Subject Property: Lot # 8, Fairwinds S/D, Oriental, NC 28571
Otter Creek [03-04-10, 27-108, Sw NSW (nutrient sensitive)]
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico Riparian Buffer
Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by
the Coastal Area Management Act with ADDITIONAL CONDITIONS
Dear Mr. Horton:
You have our approval, in accordance with the conditions listed below, to impact approximately 3,073 square feet (ft2) of
of Zone 2 (only) of the protected riparian buffers for the purpose of constructing a home and 490 square feet (ft2) of Zone
1 and 2 of the protected riparian buffers for the purposed of constructing a driveway on the subject property as described
within your application dated July 2, 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
401/Wetlands 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 .0233(5). No new ditching or piping of
stormwater through the protected buffers is allowed.
3. Deed Notifications
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), hftpl/h2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
Deed notifications or similar mechanisms shall be placed on all properties and lots with retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact.
These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for
impact under this Certification Approval and Authorization Certificate. You can obtain a copy of a sample deed
notification from our web site or by contacting the DWQ.
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 Mr. Tom Steffens at 252-946-6481 if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
n . Klimek, P. .
ire tor, DWQ
Attachments: Coastal General Variance
Certificate of Completion
cc: Tom Steffens, DWQ Washington Regional Office
DCM Morehead City District Office
File copy
Central Files
DWQ Project No. 03-0862
August 13, 2003
bz
t ,
f
zi
REALTY.
03 080862
July 2, 2003
Tom Steffens
NErLMM1401 GROUP
Division of Water Quality Jul.. 4? ,? ;!(IU,;
943 Washington Square Mall
Washington, NC 27889 NA ERQUALITYSECipoN
RE: Variance Request - Neuse River Buffer Rules - Lot #8, Fairwinds Subdivision near
Oriental, NC
Dear Tom:
Enclosed please find a Variance Request Form for the above referenced property. This
form has been signed and dated by the current owner and is under contract to close as
soon as this variance is granted.
It is my understanding that this request qualifies for a general variance with no mitigation
fees since the subdivision was platted with preliminary approval on September 28, 1987
and final approval on July 14, 1997(see attached letter from Ted Tyndall, Coastal
Management Representative). "There is a current lifetime septic permit, with specific site
location showned on the plat.
I would like to make an appointment with you to visit this site at your earliest
convenience so as not to delay the closing of this purchase. If I can be of further
assistance, please call me at 252-249-1014(office) or 252-249-0264(home).
Sincerely,
4Zu 60
Allen Propst, Owner/Broker
Mariner Realty, Inc.
cc: Bob Zarecki
Lynn Pedersen
Post Office Box 750 - Oriental, North Carolina 28571 - [phone]
www.orientalncwaterfront.com
® Printed on recycled paper 800-347-8246
Sales- Property Management e Appraisals- Development

,•r?• „?.y?r
3tdtt3 PI INVI u 1 L.or will is
A6L
Department of Environment, e;+s
Health and Natural Resources ,
Division of Coastal Management E:)EiHNF:Z
James B, Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
October 20, 1997
Mr. Bernard B. Hollowell, Jr. L
Hollowell 8t Hollowell, Attorneys at Law
203 Main St.
Bayboro, NC 28515
Dear Mr. Hollowell:
This- correspondence is in response to your letter of September 9, 1997, requesting a
clarification of CAMA setback requirements, in Fairwinds Subdivision, near Oriental, in Pamlico
County. It also serves as a follow up to our later telephone conversation.
As you are aware, the Pamlico County 1992 Land Use -Plan as amended establishes a
petmanent conservation none within seventy-five (75) feet of the natural mean high water level for
all shorelines bordering estuarine waters and public trust waters. This policy does= apply to
land approved by the Pamlico County Board of ConuWssioners for subdivision before January 26,
1990, regardless of use. And as I stated during our telephone conversation, I shared the
information that you provided to me with Ms. Mary Dee Carraway, our representative in the
Attorney General's oft1cc. It is our understanding that the subdivision received preliminary
approval from the Pamlico County Planning Board on September 28, 1987, and final approval on
July 14, 1997, but under the 1987 ordinance. Therefore it is our opinion that the subdivision not
be subject to the 75' permanent conservation zone established for "new" subdivisions.
I appreciate your client's concern and efforts to comply with die permit requirements of
this Division. jr you any other questions or I can be of further assistance, please call me at 919-
808-2808.
Sincerely,
M. Ted Tyndall
Coastal Management Rep.
cc: Charles Joncs - ACM, District Manager
Mary Dee Carraway, Attorney General's Office
Kathy Vinson - DCM, District Plainer
HestroondPlieuteei,^i??r Hiq away ?'O.heatl, i y NC 28667 Telephone [phone] fox 919.247-3330
An Equal 0pp9rtunhy AtflrrnWYo Aotlon Ernplayor 50% Reayolod / 10% Pon-Conwmor Pope(
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
Xp 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):
James A. Horton
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: James A. Horton
Title: Owner
Street address: 2154 Coventry Road
City, State, Zip: Lancaster, PA 17601
Telephone: U717 _)-397-
Fax: ?- )------ __.__...- - --
3. Contact person who can answer questions about the proposed project:
Name: Allen Propst
Telephone: L252 _) 249-101
Fax: (_252-) 249-2700
Email: marl-nPr@pam1 icon
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot 418, Fairwinds Subdivision
Version 2: November 2002
5. Project Location:
Street address: Lot 418, Fairwinds Subdivision
City, State, Zip: Oriental, NC 28571
County: Pamlico
Latitude/longitude: 35°01'22"/76°42'50"
6. 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):
Hwy__. 55.to Oriental, go over the bridge past Pecan Grove Marina,
tn_,t?a? ishtn _Hgror?_ Road --then turn _r ht on Fairwinds Drive.
Lot #8 is at the end_Qf_the.__raa?an_left-ha ?ad side pf the cul-dg_-.5_4c.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT to the nearest named stream):
Pine Tree Creek and Otter Creek
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
_ XX 5/20/03 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 sinele-familv home by the buver, Lvnn Pedersen.
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:
With the site-specific placement of the septic system and house, this
house will not fit on any other location on this lot dui to the 404 wetlands
depression which is noted on the survey.
Variance Request Form, page 2
Version 2: November 2000
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
Both ranting and enhancement of existing vegetation, i.e., planting
...... --------
hardwoods and wax mvrtles after construction.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
This lot has an area of 404 wetlands that would prevent the home from
being placed on any other area exggRt.__the logatlon being requested
The house style and septic system(site specific) leaves no other
_existing hirm shown on the survey
locatfon to plare the home. Also. was created in the early 19701s as a driveway access for this property.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
Due to the extensive_ nature of the coastal vegetation, the building site
is severly impacted by the buffer rules The only suitable location
for a driveway to this home must tranverse across the _,bj.rm
swhich _.has_been. _us ed__,as, a d_riuPway a c r e s s_ to this p)__ P-r t }r sin e ...._..the. 1970' s.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
The economic hardship is considerable If a varience 1s not__gr_=_ .d, this
lot-mg-pld nQt be_3atJsfactory_t_sz._build this home oA this nr_ roa_.._.....nerty
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):, Allen Propst__c o -Mariner Realty,
•
Mailing address: PO Box, 750
City, State, Zip: Oriental, NC 28571
Telephone: [phone]
Fax: [phone]
Email: I r) e.r@p amlic o....ne.t..
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000

I, James A. Horton (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
rnnriitinnc
Signature:
Date:
Title:
Variance Request Form, page 4
Version 2: November 2000
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4..,
NOTES
1. SURVEYOR HAS MADE NO
INDEPENDENT SEARCH OR
IN WS 77GA 7701V FOR
RIGH 7S- OF- WA Y OR
EASEMENTS OF RECORD FOR
STREETS, HIGHWAYS, PUBLIC
U77LI77ES NOR FOR
ENCUMBRANCES; RESTRIC77W
COVENAN75; OWNERSHIP, 777LE
OR ANY 07HER FACTS THAT A
CURRENT TIME SEARCH MAY
DISCLOSE.
2 PROPERTY IS SUBXCT TO
LAND-USE AND WATERSHED
LAWS AND REGULATIONS OF
PAMLICO COUNTY AND THE
STATE OF NORTH CAROLINA.
COMPLIANCE WITH SUCH
REGULATIONS HAS NOT BEEN
CONSIDERED BY THIS SURVEY.
CAMA FLAGS PROVIDED BY N.C.
DIVISION/ OF COASTAL
MANAGEMENT. CONTACT TRACY
WHEELER, 252-808-2806.
3. THIS PROPERTY LIES IN A FEMA
DESIGNATED "ZONE A5 (EL 6)"
AS SHOWN ON FIRM 370279 B,
DATED DECEMBER 4, 1985.
THIS SURVEY PLAT DOES NOT
4. CREATE A SUBDIVISION. THIS
MAP IS FOR ENVIRONMENTAL
ASSESSMENT AND PLANNING
PURPOSES ONLY.
5. ALL DISTANCES ARE
HORIZONTAL.
6. IRON ROO WITH CAP SET AT
CORNERS UNLESS 07HERW/SE
NOTED.
7. AREA BY COORDINATES
B SEP77C SYSTEM AS DESIGNED
AND PERMITTED PER
IMPROVEMENT PERMIT DATED
5/20/2003
N MEANDER
LINE '

p'
II
vt
?
o
\
M
fi N

FLAGGED CAMA LINE)
E7P - EXISTING IRON PIPE P.C. A, SL. 104-2
O -NO POINT SET
Q = CAMA FLAG LOCATED
R/iY =RIGHT OF WAY
?l ^ - - NOT SURVEYED ?-
v/?FF?S AREA OF IMPERVIOUS AREA IN '
75 AEC
3,315 SQ. FT.
c
F
?_ . .
/ y
'L \ MEAN HIGH
WATER IS
PROPERTY
LINE
I MEANDER
/' N PO?CH LINE i ?
N AL
I I
60 AL
II
I I
I
I Z HOMEOSITE) I I "L
I o FOOTPRINT '
? I
?j51
AE? i l
,L
AL
PRO?OSED Ir FLAGGED CAMA LINE i I
DRIVE i AL
Si T.
/ 9 ?
?W
' / \ II
d? to
LOT 8
AREA:
70,214 SQ. FT TA
1.612 ACRES o
Q?

V
r ZONE 2 I j
DEPRESSION

I AREA
Ill
EIP
?
c
I
I
11900 SQ. FT.
r i APPROX.
/
LOT 7
J
to I
I

So\K'?? \?
I
i
ill I
? of l
0 \ - I
CSI S
1EIP??O
REPAIR/AN BUFFER SUMMARY
AREA OF PROPOSED HOMES17E IN ZONE 2
3, 073 SQ. FT.
AREA OF DRIVE IN REPAIRIAN BUFFER ?? I O
490 SQ. FT. Q ? \
TOTAL AREA OF ENCROACHMENT IN REPAIRIAN BUFFER S
3, 563 SQ. FT. ` I
THIS MAP IS FOR ENVIRONMENTAL HEALTH AND PLANNING PURPOSES ONLY
THIS MAP IS NOT INTENDED FOR CONVEYANCE, DEED PREPARATION, OR SALES.
THIS MAP IS NOT A CER77F/ED SURVEY AND IS INTENDED FOR INFORMATIVE PURPOSED ONLY
DATE PRELIMINARY ENVIRONMENTAL ASSESSMENT MAP FOR
®NIXON SURVEYING 06115103 LYNNE
SURVEYORS CONSULTANTS B. PEDERSEN
P.O. BOX 388 OR76NPAT, N.C. 86677 DRAWING NUMBBEER LOT 8, FAIRWINDS SUBDIVISION
[phone] www.nizomrurroyin`.oom
PP-03086 TAX ID. 1092-14-08
TOWNSHIP 2 PAMLICO COUNTY NORTH CAROLINA

C/Y/ A T T9? 9T T
(?Y' 1410
REALTY, INC.
Sales • Property Management - Appraisals - Development
July 2, 2003
Tom Steffens
Division of Water Quality
943 Washington Square Mall
WEWDS/401 GROUP
JUL () 3 200:
Washington, NC 27889?ATERQUgLITYSECTON
RE: Variance Request - Neuse River Buffer Rules - Lot #8, Fairwinds Subdivision near
Oriental, NC
Dear Tom:
Enclosed please find a Variance Request Form for the above referenced property. This
form has been signed and dated by the current owner and is under contract to close as
soon as this variance is granted.
It is my understanding that this request qualifies for a general variance with no mitigation
fees since the subdivision was platted with preliminary approval on September 28, 1987
and final approval on July 14, 1997(see attached letter from Ted Tyndall, Coastal
Management Representative). There is a current lifetime septic permit, with specific site
location showned on the plat.
I would like to make an appointment with you to visit this site at your earliest
convenience so as not to delay the closing of this purchase. If I can be of further
assistance, please call me at 252-249-1014(office) or 252-249-0264(home).
Sincerely,
a 49?
Allen Propst, Owner/Broker
Mariner Realty, Inc.
cc: Bob Zarecki
Lynn Pedersen
Post Office Box 750 • Oriental, North Carolina 28571 - [phone]
www.orientaincwaterfront.com
® Rxn-d on recycW v-ver 800-347-8246
State of iNorin %,ui um la
Department of Environment,
Health and Natural Resources
Division of Coastal Management
OWL
2 aHN
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
October 20, 1997 Z
O
Mr. Bernard B. Hollowell, Jr.
Hollowell 8t Hollowell, Attorneys at Law
203 Main St.
Bayboro, NC 28515
Dear Mr. Hollowell:
This' correspondence is in response to your letter of September 9, 1997, requesting a
clarification of CAMA setback requirements, in rairwinds Subdivision, near Oriental, ill Pamlico
County. It also serves as a follow up to our later telephone conversation.
As you are aware, the Pamlico County 1992 Land Use -Plan as amended establishes a
permanent conservation zone within seventy-five (75) feet of the. natural mean high water level for
all shorelines bordering estuarine waters and public trust waters. This policy does.t>Qi apply to
land approved by the Pamlico County Board of Commissioners for subdivision before January 26,
1990, regardless of use. And as I stated during our telephone conversation, I shared the
information that you provided to me with Ms. Mary Dee Carraway, our representative in the
Attorney General's office. It is our understanding that the subdivision received preliminary
approval from the Pamlico County Planning Board on September 28, 1987, and final approval on
July 14, 1997, but under the 1987 ordinance. Therefore it is our opinion that the subdivision not
be subject to the 75' permanent conservation zone established for "new" subdivisions.
I appreciate your client's concern and efforts to comply with the permit requirements of
this Division. If you any other questions or I can be of further assistance. please call ine at 919-
" + 808.2808.
Sincerely,
/ed
M. Ted Tyndall
Coastal Management Rep.
cc: Charles Joncs - DCM, District Manager
Mary Dee Carraway, Attorney General's Office
Kathy Vinson - DCM, District Plainer
Al
ron iitce? ''nn r - Pamli?r$ Cho. P1lr
Host g 16t? NlQhwraY , oroh?o qty NC 28667 Telephone [phone] Fox 919.347.3330
An Equal 0pportunhy Aff1rrnWY* Action Employer 50% R$oyol*d / 10% Port•Conwmer Popor
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE: This form may be photocopied for use as an original
Please identify which Riparian Area (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):
James A. Horton
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: James A. Horton
Title: Owner
Street address: 2154 Coventry Road
City, State, Zip: Lancaster. PA 7601
Telephone: [phone]W5(work)
Fax:
3. Contact person who can answer questions about the proposed project:
Name: Allen Propst
Telephone: (252 ) 249-1014
Fax: (252 ) 249-2700
Email: marinerfdaml i n n
4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot ii8, Fairwinds Subdivision
Version 2: November 2002
Project Location:
Street address: Lot ii8, Fairwinds Subdivision
City, State, Zip: Oriental NC 28571
County: Pamlico
Latitude/longitude: 35001122"/76'42'50"
6. 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):
Hwy. 55 to Oriental, go over the bridge past Pecan Grove Marina,
then turn right on Horton Road when turn right on Fairwinds Drive.
lot //8 is at the end of the road ran left-hand side p the cul-de-sac.
Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Pine Tree Creek and Otter Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: SC
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received
X X 5/20/03
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 buyer, Lynn Pedersen.
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:
With the site-specific placement of the septic system and house, this
house will not fit on any other location on this lot due to the 404 wetlands
depression which is noted on the survey
Variance Request Form, page 2
Version 2: November 2000
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):
Both replanting and enhancement of existing vegetation, i.e., planting
hardwoods and wax myrtles after construction.
Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
This lot has an area of 404 wetlands that would prevent the home from
being placed on any other area except the location being requested
The house style and septic system(site specific) leaves no other
lnC tion to plane the home Also, the existing harm shown on the survey
was created in the early 1970's as a driveway access for this property.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
Due to the extensive nature of the coastal vegetation, the building site
is severer impacted by the buffer rules The only suitable location
for a driveway to this home must tranverse across the existing harm
which has hepn jigged a.S_r1 driveway arress to this pro4)e1 ty since the 1970's.
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
The economic hardship is considerable If a varience is not granted, this
lot would not be satisfactory to build this home on this property.
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): Allen Propst c/o Mariner Realty, Inc.
Mailing address: PO Box 750
City, State, Zip: Oriental NC 2$571
Telephone: 252-24q-1014
Fax: [phone]
Email: marinarRnaml i co net
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
I, James A. Horton (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:
Variance Request Form, page 4
Version 2: November 2000
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NOTES
1. SURVEYOR HAS MADE NO
INDEPENDENT SEARCH OR
INWS77GA77ON FAR
RIGHTS-OF WAY OR
EASEMENTS OF RECORD FAR
STREETS, HIGHWAYS, PUBLIC
UTILITIES NOR FOR
ENCUMBRANCE RESTRIC7IVE
COVENANTS` O*NERSHIP, 777LE
OR ANY OTHER FACTS THAT A
CURRENT 777LE SEARCH MAY
DISCLOSE.
2 PROPERTY IS SUBJECT TO
LAND-USE AND WATERSHED
LAWS AND REGULATIONS OF
PAMUCO COUNTY AND THE
STATE OF NORTH CAROUNA.
COMPLIANCE W1774 SUCH
REGULATIONS HAS NOT BEEN
CONSIDERED BY THIS SURVEY.
CAMA FLAGS PROVIDED BY N.C.
DIWSf0N OF COASTAL
MANAGEMENT. CONTACT TRACY
WHEELER, 252-808-280&
3. THIS PROPERTY LIES IN A FEMA
DESIGNATED 'ZONE A5 (EL 8)'
AS SHOWN ON FIRM 370279 B,
DATED DECEMBER 4, 1985.
THIS SURVEY PLAT DOE'S NOT
4. CREATE A SUBDIWSIAN. THIS
MAP IS FAR ENVIRONMENTAL
ASSESSMENT AND PLANNING
PURPOSES ONLY.
5. ALL DISTANCES ARE
HORIZONTAL
6. IRON ROD WITH CAP SET AT
CORNERS UNLESS OTHERWISE
NOTED.
7. AREA BY COORDINATES
B SEP71C SYSTEM AS DESIGNED
AND PERMITTED PER
IMPROVEMENT PERMIT DATED
5/20/2003
0
t-?
MEANDER
LINE
FLAGGED CAMA LINE
LOT 8
AREA:
70,214 SQ. FT
1.612 ACRES
LEGEND REFERENCE
OP = EVS71NG IRON PIPE AC. A, SL. 104-2
o = NO POINT SET
Q = CAMA FLAG LOCATED
R/W = RIGHT OF WAY
NOT SURVEYED
C' ??' VS AREA OF IMPERVIOUS AREA IN 75' AEC
3,315 SQ. FT.
MEAN HIGH `
WA TER IS
PROPERTY
LINE
\\\
I II 3OI MEANDER ? . .
/' N a I LINE
I N ]?? I
It
p 60 II AL i I
I
? ,? I L I
PROPOSED. AIL I
2 HOMEShrl \ i I AL
O F007PRINT : I
I I /. ?75 AEA i I
]? I I AL
_ I
b PROf?OSE01r . FLAGGED CA
MA LINE i I
•?, "' DRIVE.
2 I
I
Si IT o
?t
9 I AL , I
a?
d? h V
REPAIRIAN
V, ?. \ I I ,i
ZONE 2 I j
DEPRESSION = EIP
v 11 AREA 1 AIL
1 11900 SQ. FT.I
.AL
APPROX. ?? ?? I I LOT 7
\?'?, \R S`ks 1Ftij 11 ?1 I I
I I ?6' ???` I , I
+3? I I l E/P ????0)4
SUMMARY i o C5/? SO• F
AREA OF PROPOSED HOMES17E IN ZONE 2 pry/
3, 073 SQ. FT. bh b I ?,?
AREA OF DRIVE IN REPAIRIAN BUFFER
490 SO. FT. ni
TOTAL AREA OF ENCROACHMENT IN REPAIRIAN BUFFER
3, 563 SQ. FT. / S

THIS MAP IS FOR ENVIRONMENTAL HEALTH AND PLANNING PURPOSES ONLY
THIS MAP IS NOT INTENDED FOR CONVEYANCE, DEED PREPARATION, OR SALES.
THIS MAP IS NOT A CER77FIED SURVEY AND IS INTENDED FOR INFORMA77VE PURPOSED ONLY
DATE PRELIMINARY ENVIRONMENTAL ASSESSMENT MAP FOR
®NIXON SURVEYING 06115103 LYNNE B. PEDERS
SURVEYORS CONSULTANTS EN
P.O. BOX 888 ORIBIVTA4 N.C. ,88671 DRAWING NUMBER LOT 8, FAIRWINDS SUBDIVISION
(262) 241)-7281 wwwnlzonsur%y/ns.oom
PP-03086 TAX ID: 1092-14-08
TOWNSHIP 2 PAMLICO COUNTY NORTH CAROLINA