20110013 Ver 1_Major Variance_20101217

Page 6 of 8

Part 4 - Agent Authorization
If you have designated someone other than yourself (as the owner) to provide information
concerning the variance application, please indicate who is acting on your behalf.
Part 5 - Applicant's Certification
The application must be signed and dated by the person(s) who is/are legally DEC 17 2010
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.
The following conditions must be met in order to be eligible to apply for the General
Major Variance. Please check each box to indicate that you have met all of the
conditions necessary to be eligible to apply for a General Major Variance.
WdiThe residential lot must be located within one of the coastal counties as defined by
Coastal Area management Act (CAMA)
_te likApplicants must show that they have met the requirements for a variance as specified
in the buffer rules in "VARIANCES" [15A NCAC 2b .0233(9)(a)(i)-(iii) and 15A
NCAC 2b .0259(9)(a)(i)-(iii)] for the specific river basin where the impacts will
ccur.
53 Applicants must show that the residential lot has been platted and recorded prior to
august 1, 2000
p, Construction is for residential buildings and related structures such as garages, decks,
_,porches, attached commercial buildings, driveways and sheds.
®" Substantial expenditures and contractual obligations must have occurred in goodf aith
prior to August 1, 2000. Substantial expenditures and obligations must have been
made in reasonable reliance upon governmental permits and/or approvals (such as
401 Water Quality Certifications, CAMA permits, active connection to an existing
sanitary sewer system or local on-site wastewater system approvals). Supportivfe
tritten documentation must be submitted to the DWQ for review.
6d The lot must be buildable, without wetland impacts except for driveways and.or
utility crossings and any impact to the buffer shall be minimized to the maximum
tent practical.
Where impacts to the buffer will occur, the impact should be minimized to the
_,greatest extent practicable as determined by DWQ staff.
Lif' Any on-site wastewater treatment must not be located within 50 feet of a surface
water as specified in "ZONES OF THE RIPARIAN BUFFER" [15A NCAC 213
.0233(4) AND 15A NCAC 2B.0259(4)] OF THE BUFFER RULES. The only
exceptions include any pretreatment systems meeting the Treatment Standard 1 as
found in 15A NCAC 18A .1969 Innovative System Approval regulated by the NC
vision of Environmental Health, On-Site Wastewater Section.
On-site stormwater management controls must be shown on the application and
stormwater runoff must be directed away from the adjacent surface water and/or
coastal wetland as determined sufficient by DWQ staff; measures such as rain
Page 7 of 8
gardens, bio-retention areas, vegetative filter strips and planting of trees or shrubs
along bulkheads and/or property lines to maximize pollutant removal may be required
as determined by DWQ staff. If the applicant is required to obtain a Sedimentation
and Erosion Control Permit or a CAMA Major Permit, then a Stormwater Permit may
,,be required from the DWQ.
Mitigation will be required at a 1:1 ration for impacts to Zone 1. This mitigation can
be accomplished by either (1) payment into the Riparian Buffer Restoration Fund
(administered by the North Carolina Ecosystem Enhancement Program (NCEEP), (2)
planting or protection of a riparian area not subject to the buffer rules, or (3)
additional planting of a partially buffered location on-site or in close proximity to the
impacted area. Mitigation plans must be approved in writing by the DWQ prior to
,construction.
9 The applicant must receive written approval from the DWQ based on the submittal of
the "General" Major Variance Application Form acknowledging that these conditions
ve been met before any impacts occur to the riparian buffer.
The applicant must contact the appropriate District office of the N.C. Division of
Coastal Management or Local Permitting Officer for any current requirements for
CAMA Major, Minor or General Permits: In addition, the applicant must file (if
needed) and application with the Local Health Department for an on-site wastewater
system prior to any site construction. The Improvement Permit and the Construction
Authorization is required to be issued prior to any other building or construction
permit [Ref. G.S. 130A-338].
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:
wr W You must include a copy of the current septic permit for the property, or a
letter from the regional sanitary sewer utility that will be providing service.
r?'2 There must be a plat of the property indicating both zones of the riparian
buffer and a footprint of proposed impacts.
The application must be signed and dated by owner.
_In Section 2 item 1 there must be a number indicating square footage of
proposed impact to the Riparian Buffer (broken down by square footage per zone
of the buffer) or an indication that the square footage of proposed impact is
identified elsewhere in the application.
ra'" 3 copies of the application and associated plats and information.
?? A copy of the deed indicating the applicant is the owner.
p, _4SAll 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.
V , Mitigation for proposed impacts is required as part of the General Major
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)
OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
DEC 17 2010
"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)
w,'iar-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, 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):
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: $ PVW-4 s 1? .-5.?v
Title: r-2'''
Street address: p3 P-A-)6 fie--
City, State, Zip:
Telephone:
Fax:
3. Contact person who can answer questions about the proposed project:
Name: 1 rT? '1 tC?C
Telephone: C?c.1 ?°1.2r
Fax: °,
Email:5. tC:C ltit y C:4-?1
"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 amend maintenance agreements, etc.):
e? 1, 7T C_ ?; I T?17
5. Project Location:
Street address: 1"(
City, State, Zip: Ur.-2ACe-_1[GC-I - a__7AR/Y&0
County: O-Y:N- _
Latitude/longitude:
6. Directions to site from nearest major intersection (Also, attach an 8 '/z x 11 copy of the portion
of the USGS topographic map indicating the location of the site):
OT-r IWY [2- 00t-0-
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: <g.11 ?-?-
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
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 ftz.:
GIKXs 4 - S
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
P v? ? 1TI t? J ' f T / ^I?f am-e T 1 T i, T
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.):
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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.
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(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
econ is 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): ' 1W 5.AA4 JC4Z-
Mailing address: '° j? p. `fix, -306
City, State, Zip: CX?F vGC j /l/C.-.__ z ?9&c>
_
Telephone: C501s-- C21--70-- 49?5151IZ
"General" Variance Application Form, page 3
Version 1: May 2001
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Excise Tax
FILED
'88 JUL 13 PM 3 45
LORA E. MOONEY
REGISTER OF DEEDS
HYDE COUNTY, N.C.
Recording Time, Book and Page
Tax Lot No ....... ...._.......... Parcel Identifier No.._.....
Verified by ..................... ............... County on the day of ................ . 19
by ............. ..............._............. .....
............... ..
\\ 1, Nq -_...._ ...................................................................
Mail after recordi?tti ..John...S....Fletcher, ....11 ._Attorney...at...Law.,_P.....D.....Box.. 247_, ....
Swan.... QuarterR....N-... x........2788.5........
................................................................................. .
This instrument was prepared by -John S.--Fletcher, II,- Attorney-at-Law,- Swan Quarter, NC
Brief description for the Index 27885
Lot Ocracoke Island
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 1st.._.... day of .........July . ............ __....., 19..88._ , by and between
GRANTOR
TIM R. DOERING and wife, PEGGY A.
DOERING of 3520 MacArthur Drive
Murrysville, Pennsylvania 15668
GRANTEE
TRISTAN B. d'OEI.SNITZ and wife,
MARION d'OELSNITZ of 85 Rue Saint
Dominque 75007 Paris
Enter In appropriale block for each party: name, address, and, it appropriate, character of entity, e.9, corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of ........__.....N/A.......... . -..-.Ocracoke ..........-. Township,
- -.-Hyde ............. County, North Carolina and more particularly described as follows:
All that certain 0.31 acre lot shown as Lot No. 1 on that
certain survey of the -Isabella Sutcliffe Property. .",
drawn by Eugene B. Grant, Jr., R. L. S., under date of
February 17, 1979, a copy of which is recorded in Deed Book
108, page 654, of the Hyde County Registry, and incorporated
herein by reference for the purpose of description, as
follows;
1 Beginning at a concrete marker on the West side of State
Road No. 1332 and running thence with the Preston Garrish
line South 78° 30' West 146.5 feet to a point witnessed by a
2-inch pipe; running thence North 01° 35' East 74.4 feet to
a point witnessed by an iron pipe; running thence North 170
41' East 42 feet to a point witnessed by an iron pipe;
running thence South 750 17' East 174.4 feet to a point
witnessed by a nail in the centerline of State Road No.
1332; running thence South 100 00' West 42 feet to a point
witnessed by a nail East of the centerline of said road;
running thence North 87° 08' West 32.5 feet to the point of
beginning.
N. C. W, A+..<. Fur,u No. 3 4: 1976, R1-1 Z 1977 - ?..... w.,,...,. • c... ,,..., rw. m vw.,.w a vwn
Vat 131 Mgt 532
The property hereinabove described was acquired by Grantor by instrument recorded in ._ Real... Estate-Book...119.-,
...-at...page ...65A...and...6S 6...of...the..Hyde_.Coun4Q6?ty._Registry. ..........................................................................,...
A map showing the above described property is recorded injp(jfdBook ..._.....105 ................ past ...6.5A.,...HydegCoptfyy
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee J. fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persona whomsoever except for the exception. hereinafter stated.
Title to the properly berei+above dweribed is subject to the following exceptions:
a. Annual assessments by Ocracoke Mosquito Control L Sanitary Districts.
b. Such easements if any, as may be outstanding thereon for telephone,
electric and other utility lines.
C. Such easements if any, as may be outstanding thereon over those parts
thereof, if any, that are included with the right of way of N. C. State
Road #1337.
d. Federal and State regulations concerning development of tidal or wetlands
that may apply to any portion of this property.
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PENNSYLVANIA
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_______________________________-M-es' OP "Zoe IOa------- .------ Hyde- ---..-----.COVNTT
1Y ._ 1 __ ___.?•S'A. . --------------- .............wawar/Arl•Wl-IrNla+rt •t D•Nr -
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JWCtII UUditCl, IV. V.
' CERTIFICATE OF COMPLETION: (Ground Absorption Sewage DisposAl S.N
yl -M u...
OWNER: 7-1 ' f 4 A-1- 1 C"I E'_ -) U-4 Z _ qc'ira.
ALLER:

DATE
- '" - '?-`i
Notice: This certification of completion in no way binds the Public Health Sanitation Division of Hyde Count, Health De-
partment nor implies a guarantee that this system will function in all circumstances, but that the system is properly installed
in accordance with applicable rules and regulations of the Hyde County Health Department and can reasonably be expected
to perform properly under normal conditions of use and maintenance.
By:
LAND USE
IMPROVEMENT PERMIT
OWNER: ? f r5-?r.?-i C71
ENVIRONMENTAL HEALTH DIVISION
HYDE COUNTY HEALTH DEPARTMENT
I
PH O
Existing
New ? --
Repair
--114/ DATE: rI' "
ADDRESS: Qj
- __ _ .
PR Elln' LOCATION: 1,64 ? ? ?`tD/?.9I??
(/1Ld (a NC Z?9 G d
TYPE STRUCTURE:
NO. BEDROOMS: Z
WATER SOURCE: (.crv
Site/Soil Class di ' U,
Soil Application Rate 1.7- GFFD
Sirc of Tank /coo Gal.
Nitrification Field 1!30? Fr-1
No. Lines / (it Z-6 ft. long each
'T'rench Width /S ft.
Maximum Trench Bottom Depth
below g and surface
'T'rench Bed
NOTICE:
Minimum horizontal separation of sewage disposal sys-
tem from nearest: Well-1(X) ft., Waterline:-10 ft..
Foundation-5 ft., Property line-10 ft., Ditch/subsurface
tiler-10 ft.. 10 ft. Upslope & 25 ft. downslope, Stream
canal, marsh or coastal uvaters-50 ft., S/A Waters-100 ft.
Do not alter the location of, this system without prior
health department approval or,
Do not cover any portion of system until approved on
f` a insn ction.
1?%1P1!?WEMET-S PEf 11T
Sanitarian
COMMENTS: c1? uJ q y
d?e.r,:i? d - rjta.
&d OAtc, &O-LA ORIGINAL

- G?Chapter 130 - Article 13c)