20051751 Ver 1_Complete File_20051123

AT~ A
NCDENR

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
November 23, 2005
DWQ Project # 05-1751
Pamlico County

0 1r1
Mr. Larry A Schreier
Mrs. Janet R. Schreier NOV 2 0 200
6690 Holiday Road '
Buford, GA 30518-1471 DENR-WATER
Certified Mail #7005 1820 0002 463 0 4662 s~

Subject Property: Lot 56, Oriental Plantation
Neuse River Basin

APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico
Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the
Coastal Counties as defined by the Coastal Area Management Act with Additional Conditions

Dear Mr. & Mrs. Schreier:

You have our approval, in accordance with the conditions listed below, to impact approximately
478 square feet (ft2) of Zone 2 of the protected riparian buffers for the purpose of constructing
dwelling on the subject property as described within your application dated September 5, 2005
and received by the Division of Water Quality on September 14, 2005. This letter shall act as
your approval for the use. of the "General" Major Variance; From the Neuse River Riparian
Buffer Rules for the Construction of Structures on Existing Lots within the Coastal Counties as
defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS as approved
by the Water Quality Committee (WQC) of the Environmental Management Commission (EMC)
on May 10, 2001. In addition, you should get any other required federal, state or local permits
before you proceed with your project including (but not limited to) Sediment and Erosion
Control and CAMA permits. This approval shall expire in five years from the date of this letter.

This approval is for the purpose and design that you described in your variance request. If you
change your project, you must notify us and you may be required to send us a new request for
approval. If the property is sold, the new owner must be given a copy of this approval and plat
thereby assuming responsibility for complying with all conditions. This approval requires you
to follow the conditions listed below.

V* A
NCaENR

N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] FAX [phone]

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

The Additional Conditions of the Certification are:

1. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 943 Washington Square Mall, Washington, NC 27889.

2. Diffuse Flow

All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-
erosive velocities prior to entering the protected riparian buffers as identified within 15A
NCAC 2B .0233(5). No new ditching or piping of stormwater through the protected
buffers is allowed

If you do not accept any of the -conditions of this approval, you may ask for and adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition that conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings to: 6714 Mail Service Center, Raleigh, NC
27699-6714. This approval and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River
Riparian Buffer Protection Rules (15A NCAC 2B .0233 (9)(b)). Please contact Kyle Barnes at
252-948-3917 if you have any questions or require copies of our rules or procedural materials.

Zn ' cerelAge/ Ho pervisor .
Division of Water Quality
=--Surface Water-Protection
Washington Regional Office

Enclosures: Certificate of Completion
Plat (drawing of impacts)

cc: DWQ WaRO Regional Office
DWQ Central Office, Cyndi Karoly
Central Files
Pamlico County Building-Inspections
CAMA Morehead City

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f f Zone two impact 478 sq.ft.

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Mark R.. Lee Ba G. rren
Profesdo-nai Lend Surveyor
P.U. Box 303 ta rren
Ara A NC 2$514 Cyn
Tele.1(25 249- 0226 & "Ve7 Lot 56, Or3e»tal
surveyor aMlk&net Unental
ToumalsiR #Z, IvaWUW Coanly, .lVOT~t CaroUna
A !4.3045 - 050703

variance letters

Subject: variance letters
From: Kyle Barnes <[e-mail]>
Date: Mon, 31 Oct 2005 15:31:47 -0500
To: Ian McMillan <[e-mail]>

These were written today:
05-1571 Bond Creek Estates Lot #12
Beaufort 08/16/05 09/21/05 tp/gmv Hod: lette 9/2 05,
request for sq.footage on application

Issued normal conditions

05-1751 Oriental Plantation lot #56 pamlico 09/14/05 10/31/05 NBR/GMV Hold for more
information
KB

1 of 1 10/31/2005 3:39 PM

i

REALTY, INC.

Sales- Property Management • Appraisals* Development

September 13, 2005

Kyle Barnes, Division of Water Quality
943 Washington Square Mall 2 O O 5 7
Washington, N.C. 27889
cc: Diane Edwards, Division of Water Quality
2321 Crabtree Blvd:
Raleith, N.C. 27604-2260
Re: "General" Major Variance Application Form for Larry A. Schreier.

Dear Kyle:

Enclosed please find the form referenced above. If you need further information
concerning-this application, do not hesitate to call. I.can also be available
to go to the property with you when you come to inspect it.
Thank you for your consideration in this matter-.

Sincerely,

Charles Carpenter
Mariner Realty

6 ~2_ tom` x., j

S E P 2005

Post Office Box 750 • Oriental, North Carolina 28571 • [phone]
www.orientalncwaterfront.com
® Printed on recycled paper 800-347-8246

OFFICE USE ONLY: Date Received _ Request #

State of North Carolina
Department of Environment and Natural Resources m -2 0 Division of Water Quality d 1 1

"General" Major Variance Application Form -
From the Neuse and Tar Pamlico Riparian Buffer Protection Pules 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 51912001)

Please identify which Riparian Area Protection Rule applies.

U 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 4011Wedands Certification Unit, 11650 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)
5
1. Applicant's name (the corporation, individual, etc. who owns the property): S E- 1 4 2005
Larry A. .and Janet R. Schreier

2.. Print Owner/Signing Official (person legally responsible for the property and its comptiande)
Name: Larry A. Schreier
Title: owner
Street address: 6690_
City, State, Zip: Buford, GA. 30518-1471
Telephone: t 770 ;614-1392
Fax:
3. Contact person who can answer questions about the proposed project:
Name: Charles Car_penterMariner_Realy__________.__.__..__.__•_.___...._____
Telephone: [phone] Fax: (252
Email: WMariner@pamlico. comr_~
"General" Variance Application Form
Version 1: May 2001

,r
s
3

4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Oriental Plantation

5. Project Location:
Street address: 31 Windv Court
City, State, Zip: Oriental, NC 28571
County: Pamlico _ _
-~---r_
Latitude/longitude: 3502' 36" N _76-421_4
6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the portion
of the USGS topographic map indicating the location of the site):
-__Intersection of Route- 55 _and_SR 1005 north of-Oriental. NC
West on SR 1005 for 0.8 miles to Plantation Parkway
-
L_eft_on Plantation_Parkway1or_0-.5 miles _to_Windy Court__
Lefton `Windy_Court = Lot #56 is second lot on the left. 7. Stream•to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Smith Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]:.__ U,&-NCa 2a.. 0aU
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
6LLIZ96 On-site Wastewater Permit
Active Connection to Sanitary Sewer System
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others
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.:
Construction of a_ho_m_e on Lot #56 in Oriental Plantation._ The__proRpsed
hom_e _(i_n_cluding_all_decksrage,_etc._ will _impact~_ 2000,s_quare feet of
Ri~arian_Buffer ~Zone II. There will
- -
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

1hg--aDea tha-t_is not affected by_ the Riparian _Buffer-Zones and the septic
system is not large _enough _to construct a home of sufficient-size.
-

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.):
T_he_ water _runoff from the roof willb_e _diverted t_o_ the side of_t_he. home
away from_the buffer zones t_o_ allow a_s_much _ diffuse flow asnossib_le
before er~teriniz Smith Creek.There _will be vario_us_ ty_pe_s_ o_f _plantings
around the home to increase diffuse flow of water. - -
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
Strict_application of the buffer rules will make it ijnp.2_qsibLle to
construct a home of reasonable size on this lot.
-
-
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
_The Riparian Buffer Zones and the septic system comprise a large portion
• of 'the lot . _
-
- - - - - -
(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.
Waterfront_prgaerty_..is_guite_expensive. If the size of the _home that can
~QU tr cted on -the _property is^notof reaso_nabl_e size z_tthe-value of
fih~lat_i r~ctuc~d_i~p opo 7
- Part 3: geed 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): Charles Carpenter _Mariner Realty Inc.
Mailing address: PO Box _75.0__ --___-_-_W_
City, State, Zip: Orientals ~NC _ 28571
Telephone:
"General" Variance Application Form, page 3
Version 1: May 2001

i
c

Fax: [phone] _ _ _ _ - -Email: [e-mail]
~

Part 5: Applicant's Certification
1, --Larry-A. schrei (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:
Title:

NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raloigh, NC 27699-1650
(91-9)7331-9726 (phone)
http:Nh2o.enr.slate. nr..usinmetland=.' ,
RAA,LEI+GI-i REGULATORY FIELD OFFICE_
US Army Corps of Engineers
6508 Falls of the Neuse- Road, Suite '120
Raleigh, North Carolina 27615
General Nurnbar: (919) 876-84,41
~:it,,:/l~~r~vw.sa+,v.usaov.arrny.; rtif/,pc~tlarrds;; egtc~+.~r.htii~
WASHINGTON RFGUI_ATORY FIELD OFFICE
US Army Corps t:f Engjn+-.er.;
Port officni Box 1000
l atiitin. rrt, Nor .a,oI nC1
;..,,L-'1C;_G
General Nr!r;113-C-r: 1232) 975-1615 '
r,ttP:i/~rv.~v.s~~ti.usacE.array.miiJc~~:ilar3drlr~:gtc~l~r.frt;~-,
'11 ashinalon District Office.
Uivi:ii o Coastal mariaremer,i
943 Washington S-4LIare 10-all
11%lashinglon, NC 27889
phone: [phone]
ivlorehead City District Office
Division of Coastal I`,tlar-j agement
151-6 Highway 24 V
?rlor ,head City, NC 28557
phone: [phone]
"General" Variance Application Form, page 4
Version 1: May 2001

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For ReferericaeSee:
PC A, Slide 65-2 ~os2~ a 0.
DB 291, PG 8911 ~j\ 'Cry ` J f
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The Ratio of Precision Was
Calculated at 1:10,000+
This Survey is of an Existing Pared
and does not create a new street or EPK
change an egg one
Surveyor has made no independent
search or investigation forR Ats-of
-Way or Easements of recwrdforStreds,
Highways, Public Utilities norforEncumbrances,
Restrictive Covenants, Ownership, Title or any other
fads that may be disclosed by a fill and
accurate title sew-ch.
50' 0' 50' 100'
Legend
-EIP = F-YistingIron Pipe
ECM = Existing Concrete Monument
Npf =No Point Found Scale: 1 50'
buryCirea oun ary urvey or
Mark R. Lee
G. ~ irren
Professional Land Surveyor
P.O. Box 303 •
Arappahoe t ia A*, foren
Tele. (252 2 24 49 - 02 02 26 & Wife,
[e-mail] Lot 56, OrknIal Plantation
l
WN BY: Jul 18 2005 MRL Township V, Pamlico County, North Carolina
vISED: August 10, 2005 ° 050703

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For Reference See:
PCA, Spade 65-2
Ds 291, PG 890
The Ratio of Precision Was
Calculated at 1:10,000+ \
This &rrvey is of an Existing Parcel \
and does not create a new street or Epp
change an exMing one
Surveyor has made no independent
search or investigation for Rights of
-Wary or Easements of record for Streets,
HigkuWs, Public Utilities nor for Encumbrancer,
Restrictive Covenantr, Ownership, 27tle or any other
facts that may be disclosed by a faU and
accurate title search
Slit of 501 100,
Legend
EIP - Firing Iron Pipe
ECM - Existing Concrete Monument
Npf . No Point Found SCah: _1~! 50~ . _ _
oun urve or
Mark R. Lee
Professional Land Surveyor G. irren
P.O. Box 303
Arapah NC 28510 n t ia rio
Tele. # (252 249 - 0226 & Wife A. ...n
surveyor aa Lot 56, ~talatrtation
Jul 18, Zoos ` MRL Township #2, Pam&o County, North Carolina
Augusc 29, 2005 050703

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CID `93 SEP 17 -HM 8 41
X
w a~i ' JOYCE E. CARAWAN M
0 REGIS7ER 0 DEEflBOOK PACE
S
Q> x
cc w PAMLICO COUNTY. N. 0.
NORTH CAROLINA ,
WARRANTY DEED
PAMLICO COUNTY
THIS DEED, made and entered into this the 27th day of August,
=2 1993, by and between ORIENTAL PLANTATION, INC., a North Carolina
~ LLta Corporation with its principal office in New Bern, Craven County,
a v North Carolina
, hereinafter referred to as Grantor and LARRY A.
m-SCHREIER, and wife, JANET R. S.CHREIER, whose address is 2935
80210
z South Jackson Street Denver Colorado , hereinafter referred to as
Grantees;
0
C; W I T N E S S E T H:
a
-A That the Grantor, for a valuable consideration paid by the
.
} Grantees, the receipt of which is hereby acknowledged, has and by
W
o these presents does grant, bargain, sell and convey unto the
a Grantees, their heirs and assigns, in fee simple, all that certain
a
7 lot or parcel of land situated in Number Two (2) Township, Pamlico
0
Q County, North Carolina and more particularly described as follows:
W Being all that certain tract or parcel of land lying and
being . in Number Two Township, Pamlico County, North
m Carolina, and being more particularly described as
0 follows:
M
Z All of Lot Na. 56, Oriental Plantation, Section 2, as
= said lot is shown on a map or plat recorded in Plat
Cabinet A, Slide 65-2, Pamlico County Registry (said plat
being a revision of the plat recorded in Plat Cabinet A,
Slide 55-6, Pamlico County Registry), said map being
incorporated herein by reference for a more complete
description of said Lot No. 56.
This conveyance is subject to all restrictive and
protective covenants and conditions of record, as
CO z amended.
W w To HAVE AND TO HOLD the aforesaid lot or parcel of land and `
w all privileges and appurtenances thereto belonging to the Grantees
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W 0 JOYCE E. CARAWAN r
. c ~p REGISTER OF DEEDS BOOK PeE~~~
cc W PAMLICO COUNTY, N. 0. ~
NORTH CAROLINA ,
WARRANT
Y DEED
PAMLICO COUNTY
00.,.
THIS DEED, made and entered into this the 27th day of August,
_ <
_z 1993, by and between ORIENTAL PLANTATION, INC., a North Carolina
0
V LL~
W ap"+-Corporation with its principal office in New Bern, Craven County,
40
a
North Carolina, hereinafter referred to as Grantor and LARRY A.
W.SCHREIER, and wife, JANET R. S.CHREIER, whose address is 2935
W 80210
z South Jackson Street Denver Colorado , hereinafter referred to as
cc
Grantees;
0
o W I T N E S SE T H:
a
3 That the Grantor, for a valuable consideration paid by the
1-
} Grantees, the receipt of which is hereby acknowledged, has and by
W
these presents does rant bargain, sell and convey unto the
Q Grantees, their heirs and assigns'
a in fee simple, all that certain
d
lot or parcel of land situated in Number Two (2) Township, Pamlico
County, North Carolina and more particularly described as follows:
W Being all that certain tract or parcel of land lying and
being in Number Two Township, Pamlico County, North
m Carolina, and being more particularly described as
{ N follows:
W
a All of Lot Ncf. 56, Oriental Plantation Section 2, as
= said lot is shown on a map or plat recorded in Plat
Cabinet A, Slide 65-2, Pamlico County Registry (said plat
being a revision of the plat recorded in Plat Cabinet A,
Slide 55-6, Pamlico County Registry), said map being
incorporated herein by reference for a more complete
description of said Lot No. 56.
..~C~ This conveyance is subject to all restrictive and
~j protective covenants and conditions of record, as
CJ z amended.
t- cr
w TO HAVE AND TO HOLD the aforesaid lot or-parcel of land and `
all privileges and appurtenances thereto belonging to the Grantees
tu- ¢ .
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1

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director

November 2005

DWQ Project # 05-1751
Pamlico County

Charles Carpenter
Mariner Realty
P.O. Box 750
Oriental, NC 28571 _

CERTIFIED MAIL - RETURN RECEIPT REQUESTED D
#70051820 0002 4630 4617
N®y 3 ~ ~p05
Subject Property: Lot # 56 Oriental Plantation
Larry A. and Janet R. Schreier (property owner) StIft. 01~R w
Oriental, NC 28571
REQUEST FOR ADDITIONAL INFORMATION

Dear Mr. Carpenter:

On September 14, 2005, the Division of Water Quality (DWQ) Wetlands/401 Unit received a
variance request you submitted for a Mr. Larry A. Schreier. The DWQ has determined that your
project is eligible for the use of the Minor Variance From the Neuse and Tar Pamlico Riparian
Buffer Rules for residential structures on existing lots within the coastal counties as defined by
the Coastal Area Management Act, Approved 51912001. However, the DWQ needs additional
information in order to complete the approval process of your variance. Therefore, unless
additional information is provided as described below, we will have to move toward denial of
- your request per 15A NCAC 2B .0233 (9) and will place this project on hold as incomplete until
we receive this additional information..Specifically:

Additional Information Requested:

1. The plans that were submitted indicated that the entire area within Zone II is needed for
construction. A specific footprint of the structure or structures to be constructed is
needed. Without this information an accurate review for avoidance and minimization to
the riparian buffer can.be made for this project. Please include all impervious area, within
the riparian buffer, on a new plat with corrected square footage of impacts.

2. Provide a copy of the current septic permit
NM NR
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] FAX [phone]

t,

Please respond in writing within three weeks of the date of this letter by sending a copy of
this information to Kyle Barnes of the DWQ Washington Regional Office at 943 Washington
Square Mall, Washington, NC 27889. If we do not hear from you in three weeks, we will
assume that you no longer want to pursue this project and we will consider the project as
withdrawn. Please call Kyle Barnes of this office at [phone] if you have any questions.

IncHodge/ ere
l Aperv or
r
Division of Water Quality
Surface Water Protection
Washington Regional Office ,
cc: 1 Central Office