20090055 Ver 1_Minor Variance_20090114

OFFICE USE ONLY: Date Received .___Reque
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality JAN' 14 2009
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original.
n imn.iecamiaWn
Please identify which Riparian Area Protection Rule applies.
xx 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)
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):
Whittaker Point Properties, LLC-
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
!_?__
Name: Bernard B. Hollowell, Jr.
Title: Member/Manager
Street address: PO Box 218 --
!Y_
City, State, Zip: B_?boro, NC 28515
Telephone: (2 5 2__)_7 4 5 - 5115_
Fax: (2. 2 ) 7 4 5 - 5 917
3. Contact person who can answer questions about the proposed project:
Name: Bernard B. Hollowell, Jr. "Ben")
Telephone: 2( 5 2 ) 7 4 5 - 5115-
Fax: 1252 ) 745_ 59 17 -
Email: - ----- _ _T ?.?_?_ - - - - __
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Whittaker Pointe Subdivision - Lot_22____
5. Project Location:
Street address: 3017 Maritime Drive
City, State, Zip: Qr_ i en a1? 2 8 5 1 - ---
County: Pamlico
Latitude/longitude: N35 02' 0 0 "_W 7 6 40' 00" Version 1: February 2000

6. Directions to site from nearest major intersection (Also, attach an 8'h x 11 copy of the USGS
topographic map indicating the location of the site):
From Oriental, north on NC Hwy 55, turn right onto Straight
Road 1/4 mile, turn right onto White Farm Road (NCSR 1349).
Follow road to end, it becomes Maritime Drive. Lot on water
to left. Vicinity map provided on site plan.
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Neuse River and Whittaker Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)]: Neuse River: SA; HWQ, NSW
Whittaker Creek: SC; HWQ, 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:
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.)
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.:
A single-family dwelling to be built on-site. Area of
disturbed buffer zone 2: 595 square feet
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:
Due to configuration of the property and the existing easement
along the eastern boundary, some disturbance of the buffer in
zone 2 will be necessary to construct a home on this property.
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.):
Residential structure will be designed to diffuse flow from
impervious areas such as roofs. Re-vegetation and planting
around dwelling post-construction will control long-term impact.
Silt screening protection will contain sediment during the
construction phase.
Variance Request Form, page 2
Version 1: February 2000
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 in this instance will create
a parcel that a dwelling cannot be built
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The prroperty_configuration includes an existincr access easement
limitinq_ the proximity of construction to the eastern line._
Furthermore, the wetland finger on the adjacent lot causes the
buffer to enclose much of the site.
(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.
If there is not variance_ to the buffer this case?______
construction on the lot will not be possible and the lot
will be valueless.
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: 4^_^_
Telephone:
Fax:
Email:
Part 5: Applicant's Certification
_ (print or type name of person
All
I, -Carw_jr„
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 f will be recorded with all required permit
conditions. /7 _ . / _
Signature:
Date:
Title: t'

Variance Request Form, page 3
Version 1: February 2000
NO TES
1. SURVEYOR HAS MADE NO INDEPENDENT SEARCH OR INVES77GA77ON FOR
RIGHTS-OF-WAY OR EASEMENTS OF RECORD FOR STREETS, HIGHWAYS,
PUBLIC U71LI77ES NOR FOR ENCUMBRANCES, RESTRICTIVE COVENANTS,
OWNERSHIP, 717LE OR ANY OTHER FACTS THAT A CURRENT TITLE
SEARCH MAY DISCLOSE.
2. PROPERTY IS SUBJECT TO LAND-USE AND WATERSHED LAWS AND
REGULA77ONS OF PAMLICO COUNTY AND THE STATE OF NOR 7H
CAROLINA. COMPLIANCE WITH SUCH REGULA77ONS HAS NOT BEEN
CONSIDERED BY THIS.SURVEY.
_1/// / SITE
NEUSE RIVER
LOCATION MAP
5. ALL DISTANCES ARE HORIZONTAL.
NOT TO SCALE
6. IRON ROD WITH CAP SET AT CORNERS UNLESS OTHERWISE NOTED. REFERENCE"
7 AREA BY COORDINATES. \ \ LEGEND
D.B. 345, PG. 461
MEANDER LINE TABLE
LINE LENGTH BEARING
L l 7.75' S08 26'04 E
L2 53.83' S28 5723"W
L3 54.52' S7103'13"W
L4 132.84' N80'14'40"W
L5 51.64' S71 4.5 28"W
L6 72.21' S43 00'00"W
L7 69.09' S2240'35"W
L8 15.00' N3059 30"W
L9 43.39' N485747'E

ENCROACHMENT INTO ZONE 2
?h
??v ?ry I 595 SQ. FT.
II 20' ACCESS AND
+( EIP UTILITY EASEMENT
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° o LOT 15 \
r TAX ID:
J083-38-15
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PROPOSED
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HOME-SITE
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/ LOT 23
NOTE A
10' RESERVED AREA BETWEEN TAX /D: J083-38-23
NORMAL WATER LEVEL OF
CREEK AND LOT BOUNDARIES.
(TO BE RETAINED BY
WHITAKER POINT PROPERTIES LLC)
DELINEATED COASTAL
MARSH LINE NRC
D \ (SEE NOTE A)
1
NRC LOT 22 -?
WATER LINE ; AREA: ,
87,038 SQ. FT.
p 1.998 ACRES ?L
/
44
v9 AL
%NRC IL NEUSE RIVER
IL
v?. MEANDER LINE
N3059 30"W
89.29' NRC WATER LINE
100 0 50 100
1 inch = 100 ft.
f m
l/ JAN 1 ? 2009 q ?
v
0.
50' RIPARIAN
BUFFER ZONE
MEAN HIGH WATER
IS PROPERTY LINE
STRAIGH
-4---
P?
00
THIS LOT IS SERVED BY
TOWN OF ORIENTAL WATER
AND SEWER SYSTEMS
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD BEARING
Cl 60.00 275.00 12'30'2 " 59.88' S53 02'10"E
THIS MAP IS FOR ENVIRONMENTAL HEALTH
AND PLANNING PURPOSES ONLY.
THIS MAP IS NOT INTENDED FOR CONVEYANCE,
DEED PREPARATION, OF SALES.
PROPOSED SITE PLAN FOR
BEN H OL L 0 WEL L
J077 MARITIME DRIVE
TAX ID: J08J-38-22
TOWNSHIP 2 PAMLICO COUNTY NORTH CAROLINA
®NIXON SURVEYING DATj%2103
SURVEYORS CONSULTANTS
P.O. BOX 399 ORIENTAL, N.C. 28571 DRAWING NUMBER
[phone] www.nLronsurveyfqg.com PP-03118
3. THIS PROPERTY LIES IN A FEMA DESIGNATED "ZONE A5 (EL 8)" AS
SHOWN ON FIRM 370279 0002 B, DATED DECEMBER 4, 1985. L.L
4 THIS SURVEY PLAT DOES NOT CREATE A SUBDIVISION.

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Z
P.C. A, SL 121-8

e
O E!P = EXISTING IRON PIPE
\ • NPS = NO POINT SET
O N/R= NEW IRON ROD
R/ =RIGHT OF WAY
NOT SURVEYED
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y?
F
EIP
L10 49.47' N294327 E
0 ,,y I
L11 24.32' N 1548'40"E
0 ; AREA OF PROPOSED