HomeMy WebLinkAbout20071403 Ver 1_Major Variance_20070816OFFICE USE ONLY: Date Receiv ~7 Request #
State of North Carolina A~G ~ ~ ~~~t ~ O ~ 1
Department of Environment and Natural Resources
Division of Water Quality ~/'(°te,_~t~
"General" Major Variance Application Form -
From the Neuse and Ta~~-Pamlico Riparian Buffer Protection Rzrles for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved b~• the Water Quality Committee of the Environmental Management Commission on x/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)
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 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/VYetlands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form maybe photocopied for use as an original.
Part 1: General Information ~,~ ~~~~~ ~! I~
(Please include attachments if the room provided ~s insufficient.) i~~l I
AuG 2 i 2007
1. Applicant's name (the corporation, individual, etc. who owns the property):
Robert L. Stallings III f)ENfx-1NAT~~2(~ilALITY
~:~0 STt)ftPAtNATFR BP,ANCH
Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Rnhari- T. eta 1 1 i nrr~ TTT
Title: Tndi vi dLal
Street address: 49fl ~TrPnt-w~n g T)r; vP
City, State, Zip: Trent Wc~c~-d s-, N C 28-562
Telephone: {252) 671 -1 000
Fax: X2.52) 6 3 E~5 4~3 5
3. Contact person who can answer questions about the proposed project:
Name: Robert L. Stallings III
Telephone: X252 j 671 -1 000
Fax: x.2.52_)_6 3.6 - 5 4 $.5
Email:
"General" Variance Application Form
Version 1: May 2001
4. Project Name (Subdivisi~~oeen, facility, or establishment name -consistent with project name on
pSta'ltingst~Re'slidenceeration and maintenance agreements, etc.):
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude
4905 Trentwoods Drive
Tree oo s, N. .
raven
35° 04' 34" N 77° 06' 24" W
6. Directions to site from nearest major intersection (Also, attach an 8 '/~ x 11 copy of the portion
of the USGS topographic map indicating the location of the site):
r rem the intersection of Hwy 1 7 anc3 Mrrarthv R1 vc3 _ emceed
~aSL On MC(`arthy~`T'reni- Rnar~ wham MrC`arth~ hPrrnmPS~helSea
Rd ('ont-i nh~? ctrai crhfi anti 1 C'hal caa rnrvaa 1 aft anr~ i-aka a
ross
Wilson Creek. Turn left at, 4905.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Trent River
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or .0316 (Tar-Pamlico)]: SB; Sw, NSW
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
Nom- CAMA Major
~O- CAMA Minor
401 Certification/404 Permit
~- On-site Wastewater Permit
~~ Active Connection to Sanitary Sewer System
~p~_ Y P G 8=.24_- 0 7
~~ NPDES Permit (including stormwater)
~_ Non-discharge Permit
~_ Water Supply Watershed Variance
Others (specify)
-Ai.o--
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 it2.:
Building house in riparian buffer region to replace former house,
however, oca ion wi cover sq. in u er area a was not
covered before and uncover 1 .•5 sq. t. in buf er area or a ne reduction
in buffer disturbance o .25 sq. t. Adding swimming poo in rout of
house will add 458 sq. ft. with a net gain of 396.75 sq. t.
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 '
--~t~}~ a~ e e bT-~ ° ~ 7~-~-q F L
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.):
Argue ~S 6'E~~7~T'(~(~ W7 ~~'1 7raaa 11T8~ -- - - -
~e cons ruc e w ere needed to prevent run-off
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
We are reducing encroachment on the ri arian buffer b
ouse. Poo wi 1 not fit symmetrically on lot any other
place.
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
(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:
"General" Variance Application Form, page 3
Version 1: May 2001
Fax:
Email:
Part 5: Applicant's Certification
I, R__obert L L St~l l inns ,_~I_~-..______.___..__.~_ (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: _ Auqust _1 4 , . 2 0 0 7 ___. __ ____._________~~__._~____~.
Title: Owner
~ ~ ~)i'dl:. ~ fl Of ~J~,~Bte( +„~U t`i D`~ ~dU~l
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~,en. North ~aroiina 27615
G<~~~eral Number. (919) 876-8441
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~~1/ASf'iINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Ofr`ice Box 1D00
Washington, North Carolina 27889-1000
General Number (252) 975-1616
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Washington District Office
Division of Coastal Management
943 Washington Square Mall
VVashington, NC 27889
phoney 2521946-6481
Morehead City District Office
Division of Coastal Management
151-8 Highway 24
Morehead City, NC 28557
phone: 252;808-2808
"General" Variance Application Form, page 4
Version 1: May 2001
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PROVIDE LETTER
~;ugust 14 .2007
CRAVEN COUNTY
{NSPECTIONS DEPT.
Ref: 4905 Trent Woods Dr
New Bern. NC 28562
cio Robert L. Stallings III
r:=;~~~ rar~~s; to
a.,,.~: ;
1''r f_ ~i ~ r t li'.i1N„IR
i_,~ r 1 f ,~ ~E~i
E_ ~_ t .i_~ ~a~~rir~
Please be advised that City of New Bern provides and maintains sanitary sewer
service to the above referenced address.
X sanitary sewer
Please direct any questions to the Water and Sewer Administration office at 639-7541.
Sincerely,
Vanessa Ellison
Water & Sewer Division
1252) 639-7541
~trihiiu~ i~rr ~~'x«~llrrur
e
` L II
~ ,' ~
' ;i ~7i1~ + ~''~ y I'aGE r `'
~: vs ~ .~
~~
THIS DEED PREPARED BY CHARLES WILLIAM KAFER
it NORTH CAROLINA
'~ CRAVEN COUNTY
ij
~~ DEED
~i ~
~I THIS DEED made and entered into this .~ _ day
~ of _ ~fYH , 1992, by NANCY RICHARDSON
~~STALLINGS, party of the first part, of Craven County, North
~'
Carolina, - to - ROBERT L. STALLINGS, III, party of the second
~I part, of Craven County, North Carolina.
~.
THAT WHEREAS, by Deed of Conveyance dated 7 November
~i
1984, and recorded in Book 1070, at Page 482, Office of the
'~ Register of Deeds of Craven County, North Carolina, the
I
parties hereto acquired as tenants by the entirety the land
l and property therein. described in said Deed of Conveyance and
'gas hereinafter described and conveyed in this instrument; and
WHEREAS, the parties hereto at the time of the
~,
execution and delivery of the aforesaid Deed of Conveyance
,'were married to each other and are still husband and wife at
~j
,the time of the making and execution of this Deed of
~i
I
!Conveyance; and
i!
WHEREAS, it is the intention, desire, and purpose
i',of the parties hereto that this Deed of Conveyance be made,
l
'executed, and delivered in order and to the end that the party
i!of the first part shall convey all of her right., title,
!,iinterest, and estate of every kind, nature, sort, character,
KAFER 9c HUNTER ~,
2POao~sa~r 'sand description whatsoever in and to the lands and properties
NEW BERN. N.C. ~
28563 i'l
! 1 ~ F",
aaoK ~l ;' .~ ~~u~~ ~ ,~ f ~,
i hereinabove referred to and hereinafter described unto the
party of the second part; and
WHEREAS, it is the intention and purpose of the parties
i
~ hereto that the estate by the entirety in and to the aforesaid
lands and property shall be absolutely dissolved and
terminated and that title to the same shall vest absolutely,
solely, and in fee simple to the party of the second part,
free and discharged of any claim of the first party, pursuant
Ito the laws and statutes of North Carolina and more
particularly Chapters 29 and 50 of the General Statutes of
North Carolina; and •
NOW, THEREFORE, for and in consideration of the sum of
KAFER Bt HUNTER
2O8 POLLOCN S7.
P.O. BOx 947
NEW BERN, N.C.
28563
TEN ($10.00) DOLLARS and other good and valuable consideration
i to her paid by ROBERT L. STALLINGS, III, the receipt of which
is hereby acknowledged, and in further consideration of the
(premises, the party of the first part, the said NANCY
RICHARDSON STALLINGS has bargained and sold, and by these
presents does hereby bargain, sell, grant, convey; and confirm
I
unto ROBERT L. STALLINGS, III, his heirs and assigns in fee
simple absolute forever, all of her right, title, interest,
claim, and estate of every kind, sort, nature, character, and
description whatsoever in and to the following described lands
hand property located in Craven County, North Carolina:
Being all of the Lot D as the same is shown
and designated on the map entitled "A Revision
of a Subdivision of Lot 6 and one-half of Lot
7, Trent Acres Subdivision" prepared by Edward
B. Latham, R.L.S., dated October 15, 1984 as
~~
2
KAFER & HUNTER
209 POLLOCn Sr.
P.O. Box 947
NEW BERN, N.C.
28563
~I recorded in .Plat Cabinet D at Slide 495 in the
Office of the Register of Deeds of Craven
i County, North Carolina, said map being
incorporated herein by reference for a more
~ particular description of the aforesaid Lot D.
I
Said conveyance of said property from the wife
~~ to the husband shall be sub' o the D eds t.Z`{~o
of Trust re red in Boo , 1246, and
II ~ 4~ 1265 a~ Pa
~ , g~~~ 594, and 566, respectively,
Office of the Register of Deeds of Craven
County, North Carolina, which the grantee
shall assume and agree to hold the grantor
it free and harmless relative thereto.
TO HAVE AND TO HOED the aforesaid tracts or parcels
I
of land, and all privileges and appurtenances thereto
it
'belonging unto the said ROBERT L. STALLINGS, III, his heirs
Band assigns, in fee simple, to his only use and behoof
I
(forever. Further, the said NANCY RICHARDSON STALLINGS does
icovenant and agree that she will never, at any time, claim any
aright, title, interest, or estate in and to the
I
!above-described property, either during-the lifetime of the
said ROBERT L. STALLINGS, IIT, or at his death, should his
death occur before hers, and that she,, the said NANCY
RICHARDSON STALLINGS will not take, claim, demand, or receive
any right whatsoever in the above described property, but that
the said ROBERT L. STALLINGS, III, shall own the above-
described property free and clear of any right of NANCY
RICHARDSON STALLINGS with full power and authority to sell,
convey, encumber, devise, bequeath, or otherwise dispose of
the above-described property as he may deem proper and without
the necessity of joinder by her. And the said NANCY
RICHARDSON STALLINGS for herself and for her heirs,
3
gao~ ~ ~;:; ~~~~~ ~ ~~'p
administrators and executors, covenants with the said ROBERT
L. STALLINGS, III, his heirs and assigns, that she is seized
of said premises in fee and has the right to convey in fee
simple; that the same is free and clear from all encumbrances
except as hereinabove .set out; and that she does hereby
otherwise forever warrant and will forever defend the title
to the same against the claims of all persons whomsoever.
IN WITNESS WHEREOF, the parties hereunto have set
their hands and adopted as their seals the typewritten word
"SEAL" appearing beside their names, this the day and year
first above written.
SEAL
C R CHARDSON STA LINGS )
(SEAL)
ROBERT L. STALLINGS, III
KAFER Et HUNTER
209 POLIOCrt Sr.
P.O. Box 947
NEW BERN, N.C.
26563
4
~ ~~
6QOit ~ ~ %::~ ri:~E ~t
ii
!i
NORTH CAROLINA
~I
COUNTY
', I~ , A Notary
Public in and for said State and County, do hereby certify
~Ithat NANCY RICHARDSON STALLINGS personally appeared before me
i~
this day and acknowledged the due execution of the foregoing
jideed for the purposes and intents therein expressed.
ii Witness m hand. and '~'~
notarial
,.v~ Y seal this ~a _ day
~' of I 1\(~l l 1 , 1992. ...... ,:. ,
'j~ .~ ~ t; _ 'c
it No ary Publ c
it •~.~;fr •'1~ :~
~! My Commission Expires: ~ ~'-,
~~
r. NORTH CAROLINA
~; G~.~.,-e~--
COUNTY
I - ~ ~ ~~ ~, h ~ ~~~ ~ ~~~,cSc.`L1 , A Notary
!iPublic in and for said State and County, do hereby certify
';that ROBERT L. STALLINGS, III, personally appeared before me
li!this day and acknowledged the due execution of the foregoing
!!deed for the purposes and intents therein expressed.
it Witness my hand and notarial seal this ~~ Ada
I' y
~i of _ ,l ~ , 1992. ~
II _ •eet.:y.
,,.• ,; ;.
;~
r
~' ' Nota Pub is
PJOT,A ~," y
j' My Commission Expire: P:l~l,
:, -
,~ .r,',
,. , •~:,,
it ~+1`~;
~:.
KAFER & HUNTER
2O9.POLLOCK $T.
P.O. Box 947
NEW BERN, N.C.
26563
~ ~,
5
.,
soox ; ~ ~ ~ ~aoE r ~ L~:
STATE OF NORTH CAROLINA
COUNTY OF ~,~ t~Tt~L~
The foregoing certificates of Notaries Public are
certified to be correct. This instrument was presented for
registration this day and hour and duly recorded in the office
of the Register of Deeds of c.~,,Q_ County, North
Carolina, in Book _) ~~, page ~_'~
This !~ day of _ ~.---~~s
U s
19 ~~ ~._,, at - L}- / S o'clock ~. m.
REGISTER OF DEEDS
KAFER & HUNTER
209 PouocK Sr.
P.O. Box 947
NEW BERN, N.C.
28563
6