20100773 Ver 1_Minor Variance_20100917

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-ecretar'Y
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.
zi' 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) SEP 16 26111)
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. Ap lic nt's name (the corporation, ind'v"idual, etc. who owns the property):
2. Print Owner/Signing Officia
Name:
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Title: Uw__4
Street address:
City, State, Zip: e w
Telephone: .
Fax: 2_3....-
(person I
eH

ally responsible for
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property and its compliance)
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3. Contact person who c n answer questions about the prop
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Name:
Telephone:
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Fax:
Email:
project:
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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.):
Version 4: July 2009
5. Project Location:
Street address: 1.250 City, State, Zip:
?..._.
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County : .?.____..._..__,__.__._....._._.__.-._--._ ....._. __ ___._? _ ,...._......._..__.._...._._.---._-__..___......._.....__? __----.---.
Latitude/longitude: .U,,...___.Rs,o
6. Date property was purc ased:?
d;•tc? /gcPq.
7. Is your project in one of theDoastal Counifies covered uKder the Coastal Area
i
Management Act (CAMA)? E NO
7a. If you answered yes to question 1, in which AEC do you fall (30 ft or 75 ft)
7b. What is the total percent of impervious cover that you have proposed within the AEC?
A, 176' (Fill in the blank).
8. Directions to site from nearest major intersection (Also, attach an 8'/2 x 11 copy of the USGS
topographic m ) indicating the location of the site): _
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9. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
rG G? ec C
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]:
10. 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
v P?s aol0 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.)
1. Description/purpose 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
?buffer impact in ftz.]: - 1
am e- e.) /-A 57 2 /X -247
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Variance Request Form, page 2
Version 4: July 2009
State reasons why this plan for the proposed activity cannot be practically accomplished,
reduc d or reconfigured to better minimize or elimin to disturbance to thg riparian bu rs:
Leis A0 _S?i4/? 4'hc? c0id fq'14Ge /?syc 4..__./U dv
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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- lanti vegetation or enhancement of?xisti g vegetation, F c.
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4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
rJf..f?? _ .._.fU`".._., f°caJah?6Ladoo'.
(2) How these difficulties or hardships result from conditions that are unique to the property
involvedL . t'A f
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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.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual or firm): . .
Mailing address: ._...._........__.___._...__._
City, State, Zip:
Telephone:

Variance Request Form, page 3
Version 4: July 2009
Fax:
Email:
Part 5: Applicant's Certification
/? n / 0 G /?q(print or type name of person
.._?iGfLrX ? _W Z
1, nformatio included on this permit application form is
listed in Part I, Item 2), certify that the i
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 4: July 2009
Page 6 of 6
Part 5 - Applicant's Certification
• The application must be signed and dated by the person(s) who is/are legally
responsible for the property and it's compliance. If an agent is filling out the
application, the agent should not sign the application unless they are certifying
that they will be the responsible party for the property's compliance.
Other requirements for your application to be considered complete. Please check
each box (and initial in the blank) to indicate that you have met the specific
requirement, and include this checklist with your complete application:
a You must include a copy of the current septic permit for the property, or a
letter ? f;om the regional sanitary sewer utility that will be providing service.
r9' , //, There must be a plat of the property indicating both zones of the riparian
buffer and a footprint of proposed impacts.
r? he application must be signed and dated by owner.
r? In Section 2 item 1 there must be a number indicating square footage of
proposed impact to the Riparian Buffer or an indication that the square footage of
proposed impact is identified elsewhere in the application.
e' copies of the application and associated plats and information.
a!?, A copy of the deed indicating the applicant is the owner.
21?'?? All stormwater within the riparian buffer has to be directed to areas
outside the riparian buffer. Site plans must show that all stormwater leaving the
site meets the requirement of diffuse flow before it re-enters the riparian buffer.
Mitigation for proposed impacts is required as part of the minor variance
process, and may be satisfied by the following options:
• On-site restoration or enhancement of the riparian buffer according to 15A
NCAC 02B .0242(9) or .0260(9). (Preferred alternative)
• Submission of an acceptance receipt from a mitigation bank approved by
DWQ for the amount of mitigation required for the proposed impacts.
List may be found on-line at t?tt '?? ????ceep tlet'p ?e?%tt Progniin iritro.htni)
Submission of an acceptance receipt from the NC Ecosystem Enhancement Program
(NCEEP) for the amount of mitigation required for the proposed impacts. NCEEP may
require documentation that mitigation cannot be achieved by one of the other two
options. You can contact the NCEEP at [phone] for information on how to apply
for mitigation.
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IIII !I II II II Ili 111 II II 111 i?lilililliiiliili?
Imaqe ID: 000001816491 Type: CRP
Recorded: 04/19/2010 at 12:44:45 PM
Fee Amt: $225.00 Paqe 1 of 3
Revenue Tax: $200.00
Workflow# 0000024054-0001
Craven, NC
Sherri B. Richard Reqister of Deeds
BK2904 PG452
Prepared by:
Stubbs & Perdue, P.A.
310 Craven Street
New Bern, NC 28560
Parcel No. 7-103-063
Revenue Stamps $ 200.00
NORTH CAROLINA 'R,?ttlr3? ?? ?tUbbS & Perdue, RX
CRAVEN COUNTY GENERAL WARRANTY DEED
THIS GENERAL WARRANTY DEED, dated the -gyp day of April, 2010, is made by and
between Bayer Investments, Inc., A North Carolina Corporation (herein called the "Grantor")
whose address is PO Box 436, Havelock, NC 28532; and Richard W. McEnally, married
(herein called the "Grantee") whose address is 1246 BRICES CREEK RD., NEW BERN, NC 28562.
The terms "Grantor" and "Grantee" as used herein shall mean and include the parties
indicated, whether one or more, and their heirs, legal representatives, successors and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by the context.
WITNESSETH:
That Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee
simple, the following described real property; to wit:
SEE ATTACHED EXHIBIT "A"
(The property herein conveyed includes or_x does not include the primary residence of a Grantor)
TO HAVE AND TO HOLD the aforesaid real property and all privileges and appurtenances
thereunto belonging to Grantee in fee simple.
_IIII If it 1? I'c f Li (I ?i iii ??,?;?? li ?.??''
'
Image IC: 0000--17
Paae 2 cf
BK2904 PG453
And Grantor covenants with Grantee that Grantor is seized of the premises in fee and has the
right to convey the same in fee simple, that the title is free and clear of all liens and encumbrances
except as herein otherwise described, and that Grantor will warrant and defend the title against the
lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed in such form as
to be binding as of the day and year first above written.
North Carolina
Craven County
Bayer Investments, Inc.
By:
Charles I. Bayer, esident
I, the undersigned Notary Public of the County and State aforesaid, certify that Charles I. Bayer, personally
came before me this day and acknowledged that he/she is President of Bayer Investments, Inc., a North
Carolina Corporation and by authority duly given and as the act of such entity he/she signed the foregoing
instrument in its nameand on its behalf as its act and deed. Witness my hand and official seal this
day of April 2010
OFFICIAL SEAL
TEMA M. BARNES
"tary Public - North Carolina
.???. CRAVEN COUNTY
Signature of Notary Public
My Commission Expires:
//-2rn,q ? ie?lPS
Printed or Typed Name of Notary Public

EXHIBIT "A"
All that certain lot or parcel of land lying and being situate in Number Seven Township,
Craven County, North Carolina on the North side of Brice's Creek Road, and bounded as
follows viz, beginning in the northern line of said road at the southwest corner of Lot No.
6 as shown on the plan of J.C. Sinclair's subdivision made by Albert R. Bell, Engineer, in
June 1947, and registered in the office of the Register of Deeds of Craven County in Map
Book 3, at Page 10; running thence North 28° 50' West with the western line of said Lot
No. 6, which was conveyed by said Sinclair and wife, to Raymond Bayer and wife 15
August 1947, 62 feet, more or less, to Brices Creek; thence up said creek 88 feet, more or
less, to the northwest corner of Lot No. 5; thence South 15° 40' East 79 feet, more or
less, to said road; thence North 64° 30' East with said road to the place of beginning;
being Lot No. 5 as shown on said plat.
I!tl11NNINIktlII?m?IR?W??llp
CRP
Image ID: 000001816493
&2904 a454?*?"
WA
..... :
MALFUNCTIONING WASTEWATER SYSTEM MUST BE
REMEE,IMD WITHIN 30 DAYS OR LEGAL ACTION
MAY BE°. PURSUED .
THIS:..PPROVA`TC? I$E ANE-I .NG
9?PTIC
.
SYSTEM `DOES NOT-' ::Ab.D HESS 'P;I U:: is
BETWEEN THE NEW S''- -CTt7R8' AND THE
SEPTI-C TANK. IP:GTIT'FOW
CANNDT? : $E NOTE:
ACHIETED`QM STPTTTLTRE'
TtO_. SEPTICTANK,
APPLIC??T
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NC
FO
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AND CONS'ri :
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PERMIT EXTENSION
WJ L?! BE
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EEDEA[ T J '; .'
ALL06?l T`HEAP
F" 1.6- €`1O ACT OF 2009, SOME

APPROVALS MAY
INSTAL
F:
UMP' 'TANK
P P.CONTRO

REMAIN
VALID FOR
SUPPLY [
LN AND: :QTY; AS
DIATI' L
LONGER THAN ONE
APPUETENNES:::: :: T::::::CAN ' ::U? ::..: '.. ........ (1) YEAR.
R
ESP:

THE CORRECT
APPLE;.:::
EXPIRATION DATE
._.......
.
IS PRINTED ABOVE.
----------------- ------------------
Approval for Use of a - Existing Septic-Tank-System-expires --------
one (1) year from issue.,date
Authorized Agent: sad