20060393 Ver 2_General Major Variance_20100517

Olo?o3R3 v3'
NICHOLAS J. SANTORO
36 OLD LUPTON RD.
MERRITT, NC 28556
May 14, 2010 ?`UV
1J L5
Ms. Amy Chapman toy j 7 2010 v
N. C. Division of Water Quality
2321 Crabtree Blvd., Ste. 250 aXMaro??R "
? ?Q ,,TORt«16'l11ATE}t VA f,r.4
Raleigh, NC 27604
Re: Donovan "General" Major Variance Application Form
Dear Ms. Chapmen:
Thank you for your courtesy in speaking with me by phone on May 6, 2010, and again on May
13, 2010, regarding the proper procedure to follow in submitting a "General" Major Variance
Application. As you suggested, I attempted to contact Chris Pullinger of the Washington Office
on several occasions for a pre-application consultation but have only received a recorded "out
of office" or "away from my desk" response to my calls and no call back. As you suggested, I
will forward three copies of this application under separate cover to Chris for his review in
addition to this one copy that is enclosed herewith.
As you will see from the enclosed information, this Variance Application is being submitted on
behalf of Mr. & Mrs. Daniel Donovan who purchased a one acre waterfront lot in the Brown
Creek Subdivision on Brown Creek here in Pamlico County in April of 1997. At that time the
only restrictions in place here in Pamlico County was a 75' set back from water which was
adopted by Pamlico County back in January of 1990. The Donovans were fully aware of this
restriction when they purchased their lot. In March of 1998 the Donovans applied for and
received what was then called a "Lifetime" septic permit issued by the Pamlico County
Department of Environmental Health showing a home footprint of approximately 60'x 40'
positioned at the 75' set back line (see exhibit B-2). They subsequently received a letter dated
August 31, 2001, acknowledging that they had a "lifetime" septic permit and suggesting that
they obtain a "General Variance" to allow them to build their home at the location shown on
their "lifetime" septic permit (see exhibit B-3). In addition to the "lifetime" permit, the
Donovans recently obtained a new septic permit on May 6, 2010, (see exhibit B-4). The only
difference between the home location shown on the "lifetime" permit and the most recent
permit is that the home location has been moved 22' landward to place the home further from
the water and to somewhat reduce the footprint's intrusion into the Buffer.
Please let me know if there is any additional information you need from me at this time.
Thank you for your help in this matter.
Very truly yours
/? ?7 ?-'z
Nick Santoro
Cc: Chris Pullinger
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
Enc: 3 copies of "General" Major Variance Application Form
O to - 0383 0 2-.
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
"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.
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC .0259)
NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be retumed to the applicant. The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 4011Wetiands 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. Applicant's name (the corporation, individual, etc. who owns the property):
nan;Ai j. Donovan and Lynn H. Donovan
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: nan;A7 T_ nnnnvan and Lynn H Donovan
Title:
Street address: -4994 Hickory Meadow Rd
City, State, Zip: -?-----NC 9:7406
Telephone:? i g n
Fax: Lam) $54 9
3. Contact person who can answer questions about the proposed project:
Name: _
Telephone: LZZ5- ` 34 : ;;,
Fax: ???
Email: -
'General' Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Rrnwn r ` reek Ruhrii vi si on, Tnt #tI Q (Pa ml i rn County
Project Location:
Street address: 375 Port Drive, Oriental, NC 28571
City, State, Zip: -----
County: _Ra on CoUn-ty ?T
Latitude/longitude: -35 .-0 6--r}_R 7 , P1-, 76-3Fig W --_-
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):
Rt 99 south to Clripntal' maka loft onto Straight Rd (NE)
t e Rn r t Drive, m.k o right onto. -P o-?-`-. r? r-t.o_-t- u l----d.2 czar--
Let- 1-ic r Rr a n d r^ PA
. a, R-t Q n t be 1 ®-k t-.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Rrn?n ('rAak
Stream classification [as identified within the Schedule of Classifications 15A NCAC 26
.0315 (Neuse) or.0316 (Tar-Pamlico)]: _ SA (closed) , HQW, NSW
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received:
--X-- -X-.-3 /9 3 , 3,L98-, 5 / 10
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 in W.:
Galls?}ti61?-A€--??ncr9 o farm ,.???oci,_ bD_!- ?c_?2' in maize
an d---c o n s t r e t-ie ri -a €-a-?2t; i e -? s?lr}--€ e t }? i? - r e .-.-
'Ilat-a-}--?s-rre---1--e?t11r-e-a-eh=,-en,?Tro=1-4-5-2--sg
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
Due tothe presence of coastal vegetation on both side of this
home site, hp 1 ncat,i nn, extent and dPai qn Qf_the septic System
and tkla-rpquired 751 set- wa?Pr, t..hP passible-home
loca}J^n on }his let is quite lkatliteCl This lat boas fllattPd
and purchased by the applicat prior to the adoption of the
Neuse River Buffer Rules.
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.):
-r' r t-n any
Strong sedi ment-a =nd eras ian control F. will he in-dare n
s.i:: cco i osn x
construction -a-etivit es. '€he heme lee-at-ion has been moved an additional
22' landwar??f the 75' set bae?f-€or a tetal s€ 9-7' €rQ-*^ tb *-pAu The
home will inelide goers and downspouts to eellep--t runoff ;and direct it
away fro astal vetati n and s an, trees will be left in place as practical,
`1. ease provide an explanation of tape fo owing:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Due to the location of the septic system, there are only two possible
locations for a home. One is 'cis shown on this variance request and the
other is -back bb_y--the road, some 300' from the water and with no
water --v-i-e-w unl-e-s-s-- mas-t_of the mature pines on thi-s-igt are removed.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
When this lot was purchased in 1997, the applicant understood that there
would be --a 75' set back from the water. In 1998 the applicant applied
for and-x-rived a-__'1ife ti.m€c; e p.tis permit" show ing^the_1ocat ion of a
40' 601-horne_ at. approximately the same 1 nrati on as showla-Dil this
application. The hardship has resulted from the retroactive implementation
Df the Buffer (3) If economic hardship is the major consideration, then include a specific explanation of the
R u l e s . economic hardships and the proportion of the hardship to the entire value of the project.
Waterfrc1ni- prnperty isgenPrall)4mnrp va1>>ahlp than non-
waterfron-t-propAe-r-.ty--both-far--practical-benefits-suc-h._as__pr-oximity to one's
dock and -boast- -as ---sae l-l a s--€-e-r --a e ?hQ-t-i-c--b Q n Q f ?-t 2 of ---ta-ice t-u-res.g ua- ?za ter
views. T - e - 14-xt i n - a - t - e - - er-- ogre }?,--impair the = : ; a t2 r- i -pale n t al o f t h i s
property would severely reduce it's marketability now and into the future.
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): Nirk Santora
Mailing address: g F n 1 A r.11„t nn Rri
City, State, Zip: merritt, NG-28 56 -
Telephone: [phone]
"General" Variance Application Form, page 3
Version 1: May 2001
From: 2522491015 Page: 5/5 Date: 5112/2010 3:24:05 PM
FROM FAX NO. :2522491015 May. 12 2010 03:35PM P5
Fax: ( 2 5 2 )--24 9 !815
Email: S11Qbs1 anee??t:c
Part 5: Applicant's Certification
I, Dan Z Q1 J. Donovan (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application foram 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 CraGtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
http://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 27015
General Number: [phone]
hltp:r/www.saw.usace army.mil/wetlands/regtour.hinl
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27888-1000
General Number: [phone]
hap rlwww saw usace army.mil/wepandS/regtour.hlm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
phone [phone]al
Morehead City District Office
Division of Coastal Management
151-8 hlighwly 24
Morehead City, NC 28557
phone: [phone]
'General' Variance Application Form, page 4
Version 1: May 2001
This fax was received by GFI FAXmaker fax server. For more information, visit: http:/twww.gfi.com
LIST OF EXHIBITS
Exhibit A USGA topo map requested in item #6
Exhibit B-1 Septic Permit issued 3/3/93
Exhibit B-2 Septic Permit issued 3/24/98 "Lifetime Permit"
Exhibit B-3 Letter from Pamlico County Health Department acknowledging
Existence of "Lifetime Permit" dated 8/31/01
Exhibit B-4 Septic Permit issued 5/6/10
Exhibit C Drawing of lot and proposed activity as
Requested in Part 2, item 1
x
EXHIBIT A
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All Right- F ;c.?t < ?• \ ??,

EXHIBIT B-1
PAMLICO COUNTY HEALTH DEPARTMENT
ENVIRONMENTAL HEALTH SECTION
BAYBORO,,NORTH CAROLINA 28515
IMPROVEMENTS PE,??
Permit valid for 5 years
REGISTERED PLAT: MAP BOOK PACE DATE
REGISTERED DEED: DEED BOOK PACE DATE
i
?O 1

ISSUED TO:-JOSH NOBLES PERMIT 4 4173-10
ADDRESS:_ P. 0 BOX IIS RECORD 't 4725
ALLIANCE NC 18502 MAP I_ K 07-18-10
SUBDIVISION: BROWN CREEk LOT a
TOWN: ORIENTAL SR t 1321
LOCATION DIRECTIONS
THIS PERMIT IS HEREBY ISSUED TO SERVE A:
1000 gal SEPTIC TANK
900 SQUARE FEET NITRIFICATION Fgal IELD or NITRIFICATIONABEDTRAP
' 300_- LINEAR FEET NITRIFICATION LINE;_ 3 (100') or ( ')
LAND DRAINAGE: ( ) SUGGESTED ( ) NECESSARY
( ) DITCH NECESSARY ( ) SUB-SURFACE TILE NECESSARY set deep
and ( ) TRENCH ROCKED TO WITHIN 11OF MURY-3-URFACE
and ( ) WITH POLYURITHANE CURTAIN: FRENCH DRAIN
and ( ) FINISHED AT OUTFALL W/ SOLID PIPE h SCREEN
and ( ) FINISHED AT OUTFALL W/ CHECK VALVE
" If land drainage is necessary,
The Army Corps of Engineers for appropriate ¦ need to contact CANA or
pprop riate Permits
DESIGN:( ) LOCATION OPTIONAL (XXX) LOCATION AS SPECIFIED ON PLOT.PLAN
( ) CONVENTIONAL SYS
nitrficaton lines TEM:(ref.1955) 18"X 3'trench, rock 12"deep
(XXX) SHALLOW SYSTEM:(refi1956)ltrench on 9' centers
6" soil -__jj_L Wide, rock 12"deep,
add fill =
( ) MOUND SYSTEM:(ref.1950b)-trencho18"tdeeat6ral ground surface
suitable fill extending be and an wide In
6' depth of PILL; pump necessary it unable toy pry system
If fill material is gravity feed
of Engineers or C prorcarippbed, you may need to contact The Army Corps
( )
) BED LPP SYSTEM:(ref.1957)pseercommentsmfor design criteria
( SYSTEM:(ref.1955d) see OFF-SITE DISP.OSAL:(ref.1957)osee?comments eforndecriteia
signr notes
HOUSE (XXX) MOBILE HOME ( ) OTHER ( )
#BEDROOMS:_ 3 #FACTORS
WATER SUPPLY: (X) PUBLIC
OR ) PRIVATE feet from any part of septic system
SITE CLASSIFICATION:" ( ) SUITABLE (XXX) PROVISIONALLY SUITABLE

( ) OOflMENTS• MOCrunFn SYSTEM HEIGHT =
BASAL AREA : X ' CROWN AREA:
X
?-r .

ADDITIONAL FOR ALL SYSTEMS:
LANDSCAPE SYSTEM AREA FOR SURFACE HATER RUNOFF AND CRASS
DO NOT PLACE DRIVE OR ANY BUILDING OVER SYSTEM AREA
OBSERVE ALL PROPER SETBACKS: ref .1950
TANKS MUST BE PUMPED CLEAN'AS A PART OF ANY SYSTEM REPAIR.
DISC NATURAL GROUND BEFORE INSTALLATION OF ANY FILL
ALARM A ON-OFF FLOATS ON PUMPS MUST BE ON SEPARATE CIP JITS
' IF BUILDING AREA EXTENDS INTO SYSTEM AREA THIS PERMIT WILL BE INVALID
' IF ANY OTHER REGULATORY AGENCY DENIES PERMITS FOR LAND ALTERATIONS AS
DESCRIBED HEREIN, THIS PERMIT WILL BE INVALID
PLOT PLAN MUST NOT BE ALTERED UNLESS BY SANITARIAN APPROVAL
tttttaattattaaaaaaaa+'?aataattaa PLOT PLAN aataaaatatttttttttatttttttttt

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DAVID I. STEIN
ENVIRONMENTAL HEALTH SPECIALIST
ATE_ ,3 _?0 _?J
ALL SEPTIC SYSTEMS MUST BE INSPECTED & RECEIVE APPROVAL. BY THE LOCAL HEALTH
DEPARTMENT BEFORE BEING...COVERED OR_','PLACED INTO USE AND'NO ELECTRICAL
CONNECTION-SHALL BE ALLOWED UNTIL"A PROVAL HAS BEEN RECEIVED. (CS 130A)
A PLOT PLAN (TO SCALE;'t6HOWING ALL BUILDINGS, DRIVEWAYS, HATER LINES & SEPTIC
SYSTEM LOCATIONS MUST BE APPROVED BY THE ENVIRONMENTAL HEALTH DEPARTMENT
PRIOR TO RECEIVING A BUILDING PERMIT..

EXHIBIT B-2
IMPROVEMENT PERMIT
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH & NATURAL.RESOURCES
DIVISION OF ENVIRONMENTAL HEALTH, ON-SITE WASTEWATER SECTION
COUNTY:_ PAMLIG0 PIN,
RECORD NUMBER: A-ML4A R07- 18-
OWNER: Daniel'Donoyan PHONE NUMBER:(336) 2.88-:_ ?
OWNER'S ADDRESS: 2925 Stratford Dr,
_Greensboro. NC 27408
ADDRESS/LOCATION OF PROPERTY- SR1321 then TR onto port Drive Q9
d f the road anri rno r
SUBDIVISION:Brown Creek iPHASEt NIA 1
LOT:
TYPE OF ESTABLISHMENT
RESIDENCE: (B)YES ( )NO 'NUMBER OF BEDROOMS
NUMBER OF OCCUPANTS: ESIGH FLOW (GPD)
OTHER (DESCRIBE).
BASEMENT PLUMBING: YES )!
N {
;
TYPE OF WELL: ?X)PUBL C li i.
x?
:
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( ;)pT
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TYPE OF WASTEWA?ER SYST
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INSTALLATION iDESRI TI0 j cut
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DESIGN FL
LONG-TERM §0

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CONDITIONS;
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THIS PERMIT SHALL E AC OMP?

INCLUDING A SYSTEM SPE IP1, E
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PART OF THIS IMPRO EMEN PE
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THIS IMPROVEMENT P RMIT MUSK
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AUTHORIZATION BEFO E OBTAIN;
CON E A,TTAC
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DING rPEYMIT; O
OTHER
STRUCTION PERMI S AND B 0 E,1'k WAS TEWATER SYSTEM IS INSTALLE
F .
THIS IMPROVEMENT P RMITIIS U J?CT TQ 'RMVOCATION I

THE INTENDED USE C ANGE,FRO
CHANGES F
QSE S f THE SITE PL N
OWN O':THEIIkPROVEMENT'PE I S OR
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ROM THE A OVE $HAL EQU'IRE HEALTfl'DEPARTMENT APPROVAL.
DEHNR AUTHORIZED AGENT."

NO, OF ATTACHMENTS: Z
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EXHIBIT A
PAMLICO COUNTY HEALTH DEPARTMENT
SYSTEM LOCATION & DESIGN
DATE 3-24-98
PIN +? K07- 18- 10
RECORD k_A-00546
SCALE
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EXHIBIT B- 3
PAMLICO COUNTY 203 NORTH STREET
PO BOX 306
HEALTH BAYBORO, NC 28515
252-745-5111
252-745-7684 FAX

DEPARTMENTAugust 31,2001
Dear Pamuco County Landowner,
In 1997, the North Carolina Legislature appointed a commission to protect the water
quality and the environment in Eastern North Carolina. Legislation has been passed that may
affect the intended use of your property. In a consolidated effort of the Pamuco County
Commissioners and the Pamlico County Board of Health, the Commission has established a
special provision for you. As a Pamiico County landowner, there is a new window of
opportunity to obtain a "General Variance", as approved by the Water Quality Committee of
the Environmental Management Commission on 5/09/2001. This variance expires on April
11, 2006.
This is your window of opportunity to apply for a variance to plan for future land use.
Basically, you must provide written proof to the State that the land was platted and recorded
prior to August 1, 2001. Secondly, the State will recognize a lifetime septic permit issued by the
Pamiico County Health Department as a substantial outlay if dated prior to August 1,2001.
Thirdly, the variance remains with the property just like the septic permit for the life of the land.
,?..??'. Our records indicate that you have a valid lifetime permit for your property in our
/records. In
order for you to ensure the intended use of the land, you need to complete the enclosed
variance
request. This process should be initiated as soon as you possibly can. Applications should
be mailed
to DWQ 401/Wetlands Certification Unit, 1650 Mail Service, Center, Raleigh, NC 27699-1650.
The Pamiico County Health Departments goal is to assist you as much as possible
with our
limited resources. Copies of your permit, plat, and other surveys (if in our records) are
available at a cost of $5.00 and will be mailed directly to you to be included with your
application.
Send a written request to: Kristie Mitchell
PO Box 306 Bayboro,
NC28515
Enclosures: General Variance Application
DWQ Special Rules
Thank You,
Jenny-Lassiter
Pamlico County Health Director
EXHIBIT B- 4
PAMLICO COUNTY HEALTH DEPARTMENT
P.O. BOX 306
BAYBORO, N.C. 28515
IMPROVEMENT PERMI-. 4r vv?
00 F"( IF
•a*7 Valid til 12/31/2015
Owner:Danial Donovan Repair Site
Owner Address:4004 Hickory Meadow Road Type of Wastewater System:Altemative System
Owner Address(2):Greensboro, NC 27406 Long Term Acceptance Rate(GPD/SOFT):0.4
T -W
Owner Phone #:[phone] Trench Widlh:3 FT
Property Address:375 Port Drive, Oriental, NC --Trench Spacing (OC):9 FT
Property Address(2):Brown Cre/S/, Septic Tank Volume:1000 GAL
PINX07-18-10 j
Record #68523 ! Establishment Type:Home Type of Well:Public Well
Design Flow (GPD):360
7
^o
Initial Site rj
Type of Wastewater System:Atternative System r
Long Term Acceptance Rate (GPD/SQF :0.4
Trench Width:3 FT
Trench Spacing (OC):9 FT
Septic Tank Volume: 1000 GAL
r
Initial3 75'1
* ? ? e
Z? +?y 11, ??rl i
44 I,
It Ir
Repair 3 Q 75' r .. 1
AN AUTHORIZATION TO CONSTRUCT MUST BE OBTAINED AND
ALL FEES PAID PRIOR TO WASTEWATER SYSTEM INSTALLATION
ten o T 19KI V c
-- M^07'
THE PAMLICO COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT
TO REVOKE THIS PERMIT IF THE SITE IS ALTERED, INTENDED
USE IS CHANGED, OR ANY INFORMATION IS FALSIFIED.
ANY CHANGES TO THIS PERMIT WILL REQUIRE A REDESIGN
PERMIT AND SUBSEQUENT FEE.
Authorized Agent Date 5/6/2010
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