20110880 Ver 1_Complete File_20111103

ALP-91M
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 2, 2011
DWQ Project # 11-0880
Beaufort County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7011 0110 0000 9947 6954
Denial of Request for a Minor Variance from the Tar-Pamlico Buffer Rules
Benjamin T. Sanderson, Jr.
9030 Downsville Pike
Williamsport MD 21795
Subject Property: Sanderson Property, Lot 38 Smugglers Cove
Ross Creek [TAR07 29-29-5-1; SA, HQW, NSW]
Dear Mr. Sanderson:
On September 30, 2011, the Division of Water Quality (DWQ) received your minor variance
application dated September 26, 2011 for impacts to protected Tar-Pamlico riparian buffers on
the subject property.
You must meet all of the requirements outlined in 15A NCAC 02B .0259(9)(a) in order to qualify for
a variance from the Tar-Pamlico Buffer Rules. You have not met the following requirements:
1. 15A NCAC 02B. 0259(9)(a)(i)(E)-The applicant did not purchase the property after the
effective date of this Rule and then request an appeal.
• According to the deed of record, the property was purchased by the Sanderson's on
April 12, 2007, after the effective date of the Rules, which is August 1, 2000.
2. 15A NCAC 02B. 0259(9)(a)(1)(A)- If the applicant complies with the provisions of this Rule,
he/she can secure no reasonable return from, nor make reasonable use of, his/her
property.
The original plat dated January 21, 2002, showing a proposed lot layout of the
subject property drawn for Greenville Timberline, LLC indicates there is adequate
room to place the house footprint and septic system outside of the protected
riparian buffer.
North Carolina Division of Water Quality Internet: www.ncwaterq-uality.org
943 Washington iquare Mall Phone: [phone]
Washington, NC 27889 FAX 25'-946-:215
Ar Equ Opportunity/Affirmati e- A :ion Employer- 50% Recyt -d110% Post Consurrrr Pp-per
NorthCarolina
Naturally
Page 2 of 2
3. Session Law 2011-394 (17) -
According to the plat date of July 16, 2001 the property was platted, deeded, and
recorded after the effective date of the Rules.
You can contest this decision as provided in Articles 3 and 4 of G.S. 150B. To contest the DWQ's
decision you must file a petition for an administrative hearing. You may obtain the petition form
from the Office of Administrative hearings. You must file the petition with the Office of
Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the Office of Administrative Hearings during normal office hours. The
Office of Administrative Hearings accepts filings Monday through Friday between the hours of
8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings.
The petition may be faxed, provided the original and one copy of the document is received by the
Office of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Fax: [phone]
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please be aware that you have no Minor Variance or authorization under the Tar-Pamlico Buffer
Rules (15A NCAC 02B .0259) for this activity. Please call Amy Adams in the Washington Regional
Office at 252-946-6481 or Amy Chapman in the Central Office at 919-807-6400 if you have any
questions or concerns.
Si ely,
Laeen H. Sullins
cc: DWQ, Central Office, WeBSCaPe Unit - Attn: Amy Chapman
DCM, David Moye, District Manager, Washington District Office
Mitchel Woolard, Gitlko Inc. PO Box 2067 Washington NC 27889
DWQ, Washington Regional Office - Attn: Amy Adams
Fi. mime: 1-0880_Lot3: xruggl( -s-Denial
(4) "Commission" means the Environmental Management Commission.
(5) "Existing lot" means a lot of two acres in size or less that was platted and
recorded in the office of the appropriate county Register of Deeds prior to
August 1, 2000.
(6) "Neuse River Basin Riparian Buffer Rule" means 15A NCAC 02B .0233
(Neuse River Basin: Nutrient Sensitive Waters Management Strategy:
Protection and Maintenance of Existing Riparian Buffers), effective August
1, 2000.
(7) "Tar-Pamlico River Basin Riparian Buffer Rule" means 15A NCAC 02B
.0259 (Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy: Protection and Maintenance of Existing Riparian Buffers),
effective August 1, 2000.
SECTION 17.(b) Neuse River Basin Riparian Buffer Rule and Tar-Pamlico River
Basin Riparian Buffer Rule. - Until the effective date of the revised permanent rules that the
Commission is required to adopt pursuant to Section 17.(d) of this act, the Commission and the
Department shall implement the Neuse River Basin Riparian Buffer Rule and the Tar-Pamlico
River Basin Riparian Buffer Rule, as provided in Section 17.(c) of this act.
SECTION 17.(c) Implementation. - The riparian buffer requirements of the Neuse
River Basin Riparian Buffer Rule and the Tar-Pamlico River Basin Riparian Buffer Rule shall
apply to development of an existing lot located adjacent to surface waters in the coastal area as
provided in this section. Where application of the riparian buffer requirements would preclude
construction of a single-family residence and necessary infrastructure, such as an on-site
wastewater system, the single-family residence may encroach on the buffer if all of the
following conditions are met:
(1) The residence is set back the maximum feasible distance from the normal
high-water level or normal water level, whichever is applicable, on the
existing lot and designed to minimize encroachment into the riparian buffer.
(2) The residence is set back a minimum of 30 feet landward of the normal
high-water level or normal water level, whichever is applicable.
(3) Stormwater generated by new impervious surface within the riparian buffer
is treated and diffuse flow of stormwater is maintained through the buffer.
(4) If the residence will be served by an on-site wastewater system, no part of
the septic tank or drainfield may encroach into the riparian buffer.
SECTION 17.(d) Additional Rule-Making Authority. - The Commission shall
adopt a rule to amend the Neuse River Basin Riparian Buffer Rule and the Tar-Pamlico River
Basin Riparian Buffer Rule. Notwithstanding G.S. 150B-19(4), the rules adopted by the
Commission pursuant to this section shall be substantively identical to the provisions of Section
17.(c) of this act. Rules adopted pursuant to this section are not subject to G.S. 15013-21.9
through G.S. 15013-21.14. Rules adopted pursuant to this section shall become effective as
provided in G.S. 150B-21.3(bl) as though 10 or more written objections had been received as
provided by G.S. 15013-21.3(b2).
SECTION 17.(e) The Department of Environment and Natural resources shall
study the application and implementation of the Neuse River Basin Riparian Buffer Rule and
the Tar-Pamlico River Basin Riparian Buffer Rule. The Department shall specifically consider:
(1) whether the rules might be amended or implemented in a different way to achieve the same
level of water quality protection while reducing the impact to riparian property owners in the
river basins; and (ii) exempting all single family residence lots platted prior to August 1, 2000.
In conducting this study, the Department shall consult with representatives of the development
community, the agricultural community, the forestry industry, the environmental community,
local governments, property owners, and other interested parties. The Department shall report
its findings and recommendations to the Environmental Review Commission no later than
February 1, 2012.
SECTION 18.(a) Definitions. - The definitions set out in G.S. 106-202.12 and 02
NCAC 48F .0305 (Collection and Sale of Ginseng Rule) apply to this section and its
implementation.
SECTION 18.(b) Collection and Sale of Ginseng Rule 02 NCAC 48F .0305. -
Until the effective date of the revised permanent rule that the Board is required to adopt
pursuant to Section 18(d) of this act, the Board and the Department shall implement Collection
and Sale of Ginseng Rule 02 NCAC 48F .0305, as provided in Section 18(c) of this act.
Page 16 Session Law 2011-394 SL2011-0394
under Wastewater Discharge Rule 15A NCAC 02B .0270 by December 31, 2016, at which
point the compliance date shall be no later than calendar year 2018."
SECTION 15.(a) Notwithstanding G.S. 15013-19, as amended by S.L. 2011-13, the
Commission for Public Health may adopt rules to incorporate all or part of the United States
Food and Drug Administration Food Code 2009 and to require that employees of
establishments regulated under subsections (a) and (a2) of G.S. 130A-248 be certified in food
protection in accordance with the United States Food and Drug Administration Food Code
2009.
SECTION 15.(b) G.S. 130A-248 is amended by adding a new subsection to read:
" a5 The Department of Health and Human Services may grant a variance from rules
to
United States F
the
will not result in a health hazard or nuisance condition."
SECTION 16.1. Variance from Setbacks for Public Water Supply Wells. -
(a) The Department of Environment and Natural Resources may grant a variance from
the minimum horizontal separation distances for public water supply wells set out in 15A
NCAC 18C.0203(2)(d) and 15A NCAC 18C.0203(2)(e) upon finding that:
(1) The well supplies water to a noncommunity water system as defined in
G. S. 130A-313(10)(b) or supplies water to a business or institution, such as
a school, that has become a noncommunity water system through an increase
in the number of people served by the well.
(2) It is impracticable, taking into consideration feasibility and cost, for the
public water system to comply with the minimum horizontal separation
distance set out in the applicable sub-subpart of 15A NCAC 18C .0203(2).
(3) There is no reasonable alternative source of drinking water available to the
public water supply system.
(4) The granting of the variance will not result in an unreasonable risk to public
health.
(b) A variance from the minimum horizontal separation distances set out in 15A NCAC
18C .0203(2)(d) and 15A NCAC 18C .0203(2)(e) shall require that the noncommunity public
water supply well meet the following requirements:
(1) The well shall comply with the minimum horizontal separation distances set
out in 15A NCAC 18C .0203(2)(d) and 15A NCAC 18C .0203(2)(e) to the
maximum extent practicable.
(2) The well shall meet a minimum horizontal separation distance of 25 feet
from a building, mobile home, or other permanent structure that is not used
primarily to house animals.
(3) The well shall meet a minimum horizontal separation distance of 100 feet
from any animal house or feedlot and from cultivated areas to which
chemicals are applied.
(4) The well shall meet a minimum horizontal separation distance of 50 feet
from surface water.
(5) The well shall comply with all other requirements for public well water
supplies set out in 15A NCAC 18C .0203.
SECTION 16.2. Rule Making. - The Commission for Public Health shall adopt
rules that are substantively identical to the provisions of Section 16.1. The Commission may
reorganize or renumber any of the rules to which this section applies at its discretion. Rules
adopted pursuant to this section are not subject to G.S. 15013-21.9 through G.S. 15013-21.14.
Rules adopted pursuant to this section shall become effective as provided in
G.S. 150B-21.3(bl) as though 10 or more written objections had been received as provided by
G.S. 150B-21.3(b2).
SECTION 16.3. Effective Date. - Section 16.1 of this act expires when permanent
rules to replace Section 16.1 have become effective as provided by Section 16.2 of this act.
SECTION 17.(a) Definitions. - The following definitions apply to this act and its
implementation:
(1) The definitions set out in G.S. 113A-103 and G.S. 143-212.
(2) The definitions set out in the Neuse River Basin Riparian Buffer Rule and
the Tar-Pamlico River Basin Riparian Buffer Rule.
(3) "Coastal wetlands" means marshland as defined in G.S. 113-229.
SL2011-0394 Session Law 2011-394 Page 15
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09/29/2006 02:58 2529461101 CENTURY 21 HOMEOWNER PAGE 06
Jul 12 01 02a11P Coastal Engineering (252]-261-1333 P•9
ACTIVE SITE
TYPE LPP
LTAR (9pd/st) 0.1
TRENCH WIDTH 24"
TRENCH LENGTH 120'
TRCJOH SPACING . 5'
FILL REQUIRED 12"
REPAIR SITE
TYPE LPP
LTAR (gpd/50 0.1
TRENCH WIDTH 24"
TRENCH LENGTH varies
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FILL REQUIRED
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OWNER: GREENVILLE TIMBERLINE, L.L.C.
150 EAST ARLINGTON BLVD- - SUITE E
GREENVILLE, NC
[phone]
PROPERTY: L
GPD
ESIN FLOW = 360O 8
WATER BY BEAUFOURT COUNTY WATER SYSTEM
SYSTEM MUST MAINTAIN ALL SETBACKS AS SHOWN
-SEPTIC TANK AND SYSTEM MUST MAINTAIN 5 F'T. MIN FROM BUILDING
-00 NOT BUILD ON OR DRIVE OVER SYSTEM OR REPAIR AREA
Y PROFESSIONAL ENGINEER AND
L APPROVED BY HEALTH DESIGNED DEPARTMENT
CM 1, Structuro1, Surveying do
2asq _ Site Development
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a ? Date 80590 P0:069-M FEE; 61
NC .H
RED 6T?P. ?N
NORTH CAROLINA
INSTRUMENT # WN3259
IBEAUFORT COUN'T'Y
THIS DEED, made this 1- day of April, 2007,
jby and between BRENDA M. JOHNSON and husband, RONALD E.
''JOHNSON, hereinafter designated as Grantors, to BENJAMIN
;i
'iT. SANDERSON, JR. and wife, BRENDA L. SANDERSON,
i'
?kereinafter designated as Grantees, whose address is:
1?9030 Downsville Pike, Williamsport, MD 21795;
W I T N E S S E T H:
That the Grantors for and in consideration of the
Sum of TEN DOLLARS ($10.00) and other valuable
considerations to them paid by the Grantees, the receipt
Df which is hereby acknowledged, have bargained and sold,
by these presents do hereby bargain, sell and convey
a
a
a
es
unto the Granteee, their heirs, successors and assigns,
in fee simple, all that certain lot or parcel of land
lying and being in the Rath Township, Eeaufort Counter,
State of North Carolina, and more particularly described
as follows:
11 BEING Lot 38, Smugglers Cove Subdivision, as the same
Us shown on that Map of record in Plat Cabinet F, Slide 81-7,
which is one of the four maps for the Smugglers Cove
?iSubdivision recorded in Plat Cabinet F, Slide(s) 81-5, 61-6,
`?81-7 and 81-8 of the Beaufort County Registry with reference
'to said map for a more complete and detailed description,
I?Reference is also made to deeds in Book 1247, Page 243 and
Hook 1253, Page 645, Beaufort County Registry.
i
TO HAVE AND TO HOLD the aforesaid lot or parcel of land
land all privileges and appurtenances thereunto belonging or in
(anywise appertaining unto tre Grantees, their heirs,
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successors and assigns, in fee simple, subject, however, to
the following:
1. 2047 Beaufort County Ad Valorem taxes and those for
subsequent years.
2. All easements, conditions and rights of way of
Record.
3. Those certain Restrictive Covenants as recorded
,in Book 1210, Page 248 of the Beaufort County Registry;
i
'reference being made to the same for their terms and
provisions. Please note however with respect to this Lot
38 that notwithstanding any provisions of these
strictive Covenants no more than 24.2% of said Lot
shall be covered by impervious structures including
asphalt, gravel, concrete, brick, stone, or slate but not
including wood decking. This is intended to insure
continued compliance with the Storm water Permit issued
by the State of North Carolina. This Covenant may not be
Ichanged or deleted without the consent of the State of
(North Carolina.
4. Non-compliance with any local, county, state or
I federal governmental laws, ordinances or regulations
ative to zoning, subdivision, occupancy, use,
struction or the development of the subject property.
The Grantors covenant with the Grantees that they
seized in fee simple of the above described property
have good right and title to convey the same; that

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,.he same is free and clear of all liens and encumbrances,
!xcept those matters above set forth, and that, subject
:hereto, they will forever warrant and defend the title
to the same against all lawful claims and demands.
IN WITNESS WHEREOF, the Grantors have
:heir hands and seals, all as of the day and ye r,
above written.

M.
RONALD R. J HNSON "I(YrARY
4jauG
]STATE OF NORTH CAROLINA
COUNTY OF tt rMT 4.*Ke U4
Before me, the undersigned Notary Public in and for
the State and County aforesaid, personally appeared
BRENDA M. JOHNSON, and she acknowledged the due execution
of the foregoing instrument for the purposes therein
expressed.
WITNESS my hand and Notarial Seal, this ?-day of
April, 2007.
I
,
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'Nly Commission Expires: (o y?
TATE OF NORTH CAROLINA
OUNTY OF -BEWiW4a0R-T t??(Ce<
Before me, the undersigned Notary Public in and for
he State and County aforesaid, personally appeared
ONALD E. JOHNSON, and he acknowledged the due execution
f the foregoing instrument for the purposes therein
xpxessed.
WITNESS my hand and Notarial Seal, this ?ive-day of
Aril, 2007.
N FU LC
y commission Expires: 9 /2?-
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INC.
Co?nstnuctio? at its finest.
RECEIVED
I
Post Office Box 2067 - Washington, NC 27889
D\ /\ /??, n,ARo
[phone] ?(? V Y
[phone] FAX ? ? ...
0 M 0
[e-mail]
TO: NCDENR
ATTN: Amy Adams
NCDWQ
943 Washington Square Mall
Washington, NC 27889
RE: Minor Variance Application
Benjamin Sanderson, Jr.
Lot 38 Smuggler's Cove
Dear Ms. Adams,
30 September 2011
Regarding your email of 20 September 2011 and follow-up letter of 28
September 2011, we have been working on the application in the interim period
and submit the following in three copies each:
1. Septic Permit as issued to Greenville Timberline, LLC by Coastal Engineering at time
of subdivision development. .
2. Plat of property by Hood Richardson, PA, 8 august 2011 showing both riparian
buffer zones.
3. Variance Request Form - for Minor Variance dated 26 September 2011.
4. Section 2 item 1 - We have indicated on the site plan and in the foot notes on the
application the square footage of the structure area above (but not impacting buffer
grade - structure is 10'4" clear above grade) the buffer zone grade.
5. Attached are three copies of application and associated plats and information.
6. Deed dated 12 April 2007, registered 2007 April 18 03:59:28 PM at'Beaufort County
Register of Deeds office, Washington, NC.
7. Site plan showing proposed footprint of house and direction of shed/diffuse storm
water flow as being undisturbed.
8. Mitigation for proposed impact is not applicable as structure will set well above grade
permitting filtered sunlight and moisture to vegetation below.
LLKO
riI-IN..
Also, enclosed are copies of USCGS map showing site location on Ross Creek
and partial subdivision map showing location of Lot 38 on Sunset Point Road within
Smuggler's Cove Subdivision. Included are copies of the exterior elevations of the
proposed house showing its siteing between subdivision setback and riparian zone with
a vertical clearance of 10'-4" above grade.
As for Part 2, question 2 on the variance request:
• No, there are no stream crossing at angles less than 75 degrees or greater than 105
degrees.
• No. there are no stream crossings at cross two streams above or at the confluence of
those streams.
• No, there are no stream crossings.
• No, not applicable as property access route do not impact streams, setlands, nor
water and buffer zones.
• No, neither building nor drive can be realigned to avoid impact. With all the
restrictions imposed (CAMA, NCDWQ, Subdivision setbacks and Health Dept.
requirements for septic field and field repair area) what remains is impractical to
build a modest home site. Either septic field(s) or house would be in a buffer zone
and an elevated structure seems the lesser of the two.
• No, the site layout can not be reconfigured with the restrictions imposed by CAMA,
NCDWQ, setbacks and septic fields.
• No, headwalls or steeper slopes could not be used safely and doing so would make
the site prohibitively expensive while creating other problems with other regualtory
agencies.
• No, use of retaining walls is not applicable, area of proposed footprint is relatively flat.
• No, there is no need for a cul-de-sac as there is no crossing and subdivision was laid
out and approved years ago.
. No, lots can not be reshaped or have shared drives, subdivision was laid out and
approved years ago according to applicable guidelines at that time.
rLLKO
IN C.
Upon reviewing Lot 38 with its natural configuration imposed by Ross Creek then
compounded by restrictions imposed by CAMA, NCDWQ, Health Dept. requirements for
septic field and repair area along with subdivision setbacks severely restrict available
buildable space. The structure proposed has already taken into consideration all
aspects of these requirements while avoiding impact in the buffer zone while making
reasonable use of limited available space. The design is to avoid impacting grade or
vegetation within the buffer zone.
Your consideration of the difficulties of providing a home site in such restricted
area while avoiding impact on the environment is appreciated.
Thank you,
Mitchel R. Woolard
GILLKO, Inc.
cc: Ben and Brenda Sanderson, Jr.
DCM, David Moye, Washington District Office
RECEIVED
SEP302011
Page 6 of 6
Part 5 - Applicant's Certification ®o
The application must be signed andd,9 the p e- rson(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:
*' ** 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.
aX There must be a plat of the property indicating both zones of the riparian
u er and a footprint of proposed impacts.
The application must be signed and dated by owner.
I In Section 2 item 1 there must be a number indicating square footage of
` nronosed impact to the Riparian Buffer or an indication that the square footage of
pr po s)ed impact is identified elsewhere in the application.
3 copies of the application and associated plats and information.
ua'' A copy of the deed indicating the applicant is the owner.
' ? All stormwater within the riparian buffer has to be directed to areas
out ide 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.
Jy'4,-N/A 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 http://www.nceep.net/pa esg /ILF Program intro.html
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.
There is rib impact on the buffer zone. The clear height from underside of
house to grade is 10'-4". There is no impervious service in the buffer zone.
Vegetation to remain basically undisturber. The intent is to all areas as
natural as possible.
* There is no concentrated flow only shed flow across grade. There is no
impact othere than installation of several columns. Refer to attached site
plan for direction of natural shed flow all of which remain undisturbed.
There is no impact to buffer zone as house sets 10'4" clear above grade
permitting adequate sunlight and moisture to maintain minimal vegetation
and allow diffuse flow across grade of buffer zone. There is no impervious
surface (ie: paving) in buffer zone.
Attached. is from original subdivision application.. As septic fields are
also prohibited in buffer zones we are requesting the Health Dept. reconsideration
of field location once we have Yc?ir OK on the house location., Thank yuu.

Beverly Eaves Perdue
Governor
Secretary
-yam
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
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.
o 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)
o 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):
Beniamin T. and Brenda L. Sanderson, Jr.
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Benjamin Sanderson, Jr.
Title: Owner
Street address: 9030 Downsville Pike
City, State, Zip: Williamsport, MD 21795
Telephone: 3( Ol) 223-8860
MW email [e-mail]
3. Contact person who can answer questions about the proposed project:
Name: Terry Killikin/ Mitchel Woolard
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Dee Freeman
Version 4: July 2009
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Smugglers Cove, Lot 38
5. Project Location:
Street address: 399 Sunset Point Road
City, State, Zip: Belhaven, NC 27810
County: Beaufort
Latitude/longitude: 21 51' N / 50 8'W long
6. Date property was purchased: 16 July 2001
7. Is your project in one of the 20 Coastal Counties covered under the Coastal Area
Management Act (CAMA)? YES/NO
7a. If you answered yes to question 1, in which AEC do you fall (30 ft or 75 ft) ? N/A
7b. What is the total percent of impervious cover that you have proposed within the AEC?
N/A (Fill in the blank). Impacted area is Buffer Zone 2 is 7%
8. 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):
From NC 99 onto NCSR 1722 turn right onto NCSR 1731 (Wheat Patch Road)
then l o,Et onto AlexaTlAnr llrilTin right nntn .giincat Point Rnad_, T.nt 18 is;
near end of cul-de-sac on left
9. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Ross Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315
(Neuse) or.0316 (Tar-Pamlico)]: TAR07 29-29-5-1 5A, SA, HQW, NSW
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
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
of buffer impact in ftz.]:
Single family residence - site plan defines footprint showing buffer
area 352 SF for house plus 220 SF for porches, all set 10'-4" above
grade to underside of structure, no paving in buffer zone area, the
Variance quesf F'or?ii?page in buffer area is set on coltunns. with no impact to
Version 4: July 2009 to grade or vegetation below.
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:
Site topography combined with subdivision setbacks, CAMA setbacks and
ri.pparian buffer zones Beverly limit available building area which is
further reduced by the Health Dept requirements for septic fields and
repair area. All that remains _ is impractical for a modest size dwelling.
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.):
Plant beds and landscaping (byOwner) around perimeter of house and drive
after occupancy will control run off to diffuse shed water flow and storm
water into areas outside buffer zones . House is 10'-4" clear height above
grade and imposses no impact on grade below.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Setback requirements severly limit buildable width to apprx. 34 ft. greatly
reaucxing available 11 UL1L V1CW 1Vt W1111:11 PUt 41V.7c wa tci ii Viii 1.Vta aic
and priced. Limited width imposed by setbacks and buffers force a shotgun
approach to planning and prohibit intended maximum view of waterfront.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
Width ofbuilding area is impacted more than other lots due to topography and
ravine cutting into lot forcing CAMA and ripparian buffer zones inward
reducing effective lot with to 22 ft at one place and 34 ft at anaother.
Prior septic field requirements further reduces buildable area by 7,500 SF!
(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.
None. WE wish only to make reasoonable use of our property for which
it was represented and sold as waterfront property with as ltt e
disturbance as practical during construction to existing grade. It is our
intent to maintain the site in as natural a state as reasonable use for
a single family residence access dictates.
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:
Variance Request Form, page 3
Version 4: July 2009
aa;??F??t? ?n• ? tl?ti7 IUN P?1AHKIEI
Designated argent (individual or firm): _-- - ? ^- -- -- ? - -_ ?-_-? --
Mailing address:
City, State, Zip: -- - -?.?- ?_?_,---------- -_
Telephone:
Fax: _-
Eraii:
Part f: Apple anfs Certificalfion
1, Benjamin T. Sanderson, Jr. (print or type name of person listed in
Part 1, Item 2), c er* that the infomotion included on this permit
the ecorrect, that
ns and fbtm is
tlt0 project wiH be construded in confd nce whit the appr
restrictions in a=cdance with Dart 5 this form will be r+eco(ded with all required permit
conditions.
signature: -? -------__ _------- ?? --
Date: ?+ f f
Title: Owner
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