20060998 Ver 1_Complete File_20060620

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Permit Class Permit Number
NEW 208-06
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission k;k 0
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,Vermtt
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for
X Major Development in an Area of Environmental tern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Paul Slobodian, 101 Charlburn Rd., Vestal, NY, 13850
Authorizing development in Pamlico County at Adi. to Beards Creek, Bennett Neck Rd. (SR
1101), Grantsboro as requested in the permittee's application dated 2/5/06, inc. attached workplan
drawings (8), C2, C3, and C4 dated 10/11/05, 1 dated 1/20/06, 3,4, and 6 of 6 dated 2/5/06, and l dated July 2005
This permit, issued on December 22, 2006 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Upland Development
1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the property located adjacent to Beards Creek off Bennett Neck Rd.
in Pamlico County, including the 2,550 ft. road terminating in a cul-de-sac, t1te five 18-inch diameter
culverts installed on high ground under the approved road to allow for proper drainage, the 0.78 acre
pond, the single story 30 ft. x 65 ft, clubhouse, and the 40 ft. x 110 ft. pool, all as expressly and
specifically set forth in the attached permit application and workplan drawings. Any additional land
disturbing activities and/or construction may require a modification of this permit. Contact a Division
of Coastal Management representative at [phone] for this determination.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2009
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
f
Paul Slobodian
ADDITIONAL CONDITIONS
Culvert Placement
Permit # 208-06
Page 2 of 4
2) Placement of the five 18-inch culverts shall adhere to the area depicted in the attached workplan
drawings.
3) Appropriate bedding material shall be placed beneath the culverts to prevent structural subsidence.
Docking Facility
4) The configuration of the 10-slip docking facility shall adhere to the location and alignment depicted on
the attached workplan drawing dated 1/20/06.
5) Unless specifically altered herein, this permit authorizes the 5 ft. elevated, concrete access walkway, the
5 ft. x 140 ft. pier, the six 5 ft. x 20 ft. finger piers, and associated mooring pilings, all as expressly as
specifically set forth in the attached permit application and workplan drawings. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures may be conducted on, in or over public trust
waters without permit modification.
6) Should Lot 451 be sold prior to the initiation of construction, the permittee shall be required to obtain a
signed riparian corridor waiver from the new property owner prior to the placement of any structures
within the 15-foot riparian corridor.
7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
8) All portions of the access walkway and pier located over Coastal Wetlands shall not exceed a width of 6
ft. and shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of
the decking.
9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
10) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
11) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
that may be caused from existing or future operations undertaken by the United States in the public
interest.

Paul Slobodian
ADDITIONAL CONDITIONS
Permit # 208-06
Page 3 of 4
12) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
13) This permit authorizes a maximum of ten boat slips.
NOTE: Any proposal to add one or more additional boat slip to the authorized 10-slip docking facility
shall require that the docking facility be classified as a marina, and shall therefore require a
review under the N.C. Environmental Policy Act (NCEPA).
Sedimentation and Erosion Control
14) The N.C. Division of Land Resources approved this project under Permit No. Pamli-2006-006. Any
violation of the permit approved by the DLR shall be considered a violation of this CAMA permit.
15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
Stormwater Management
16) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW7050921 on 12/21/05. Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
General
17) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
18) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

Paul Slobodian
ADDITIONAL CONDITIONS
Permit # 208-06
Page 4 of 4
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division of Coastal Management at [phone] prior to the
commencement of any such activity for this determination. The permittee is further advised that,
in accordance with the rules of the Environmental Management Commission, many non-water
dependent activities are not authorized within 50 feet of the normal water level or landward edge
of any coastal wetlands, which ever is more restrictive. Contact the Division of Water Quality at
[phone] for project specific clarification.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 060998), which was issued on 11/10/06.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
198000291 (COE Action Id. No. SAW-2006-40202-169) which was issued on 11/22/06.
{ Mr. Yaul Jloboalan
Page 3 of 3
November 10, 2006
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved water
impacts), you may ask for an 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, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Sinc ly,
-Alan W. Klimek, P.E.
A W K/ijm
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6 81.
Enclosures: GC 3400
Certification of Completion
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Mike Street, P.O. Box 769, Morehead City, NC 27557
Bobby Cahoon, Marine Construction, 52 Brinson Road, Grantsboro, NC 28529
Filename: 060998Bai rdCreekPtS D(Paml ico)401 _CAMA
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- "C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 10, 2006
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
None Carolina
tuCUlly
401 Oversight/Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
Mr. Paul Slobodian
101 Charlburn Road
Vestal, NY 13850
Subject Property:
Baird Creek Point Subdivision
Beard Creek [030410,21-111, SC, SW, NSW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0998
Pamlico County
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Slobodian:
You have our approval, in accordance with the attached conditions, to shade 0.0357 acres of open water,
shade 0.0218 acres of coastal wetland, and shade 0.0046 acres of 404 wetland to construct the proposed
14-lot subdivision with a road, pool, clubhouse, and a 14-slip docking facility as described in your
application dated February 5, 2006, and received by the Division of Water Quality (DWQ) 401
Oversight/Express Review Permitting Unit on June 20, 2006, with additional information received on
August 11, 2006 and August 31, 2006. After reviewing your application, we have determined that the
Division of Water Quality (DWQ) General Water Quality Certification Number 3400 covers these water
impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army
Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate
for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should get or
otherwise comply with any other federal, state and local requirements before you go ahead with your
project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Paul Slobodian
Page 2 of 3
November 10, 2006
Amount Approved Units Plan Location or Reference
404/Wetland, ES 0.0023 acres shaded DCM Field Investigation Report
Coastal Wetland, ES 0.0092 acres shaded DCM Field Investigation Report
Open Water 0.03 acres shaded DCM Field Investigation Report
Buffer Zone 1 150 square feet Modification information
Buffer Zone 2 100 square feet Modification information
2. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
Beard Creek as identified within 15A NCAC 2B .0233(5).
Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
they shall be removed and the natural grade restored within six months of the date that the Division of Land
Resources has released the project.
6. 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 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
7. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3400.
O?O? W AT ?9QG
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November 7, 2006
Mr. Paul Slobodian
101 Chalburn Rd.
Vestal, NY 13850
CERTIFIED MAIL: 7005 1820 0003 6594 8419
Subject: Restoration Plan for Baird Creek Point Subdivision
Pamlico County
DWQ 06-0998
Dear Mr. Slobodian,
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
0.`C ?_^ flU - D? q9
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DENR - WA-,-E R c>.a?rrr
1?ND3.pND STO.RMIWgTFR %R4&8
The Division of Water Quality (DWQ) staff in the Washington Regional Office received a copy of the
vegetation restoration plan you submitted for the Baird Creek Point Subdivision in Pamlico County on
October 24, 2006. This restoration plan is part of the conditions required in the Notice of Violation
(NOV) issued to you on September 27, 2006.
The plan that you have submitted for your project adequately meets the required conditions set forth
in the NOV. The DWQ Washington Regional Office must be notified once the restoration has been
implemented so a site inspection can be conducted. The five-year timetable for this violation begins
after the restoration has been verified.
This letter only addresses the restoration plan for the Baird Creek Point Subdivision NOV and you
should comply with any other required federal, state or local permits before you go ahead with your
project. If you have questions pertaining to this letter please direct them to Kyle Barnes at 252-948-
3917.
Sincerely,
L r
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Cc. Waro Files
Cyndi Karoly, 401 Central Office
Danny Smith, Compliance and Enforcement
North Carolina Division of Water Quality Internet: ?c??.? ,nc)?atcnlualih .prg
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturally
Coastal Development, LLC
August 27, 2006
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Baird Creek Point Subdivision
Request for more information
Dear Ms. Karoly:
V@ROWRI
AUG 3 1 2006
DENR - WATER QUALITY
WETLANDS MID STORMWATER BRANCH
This letter is to confirm that I would like to keep my permit application open (reference
DWQ Project #06-0998).
In an on site conference on August 24`x' Mr. Kyle Barnes of DWQ, Stephen Lane of
CAMA and I discussed possible locations for the docking facility. As a result of that
discussion I was told that the location as originally proposed would be acceptable. It was
also indicated that it would be acceptable if I were to move the facility south as proposed
by DWQ. I am in the process of reviewing which option to pursue.
At the on site location we also reviewed the DWQ finding of a buffer violation. I was
told by Mr. Barnes that I would be receiving follow up information regarding proposed
actions I could take to resolve the matter. I am looking forward to receiving that
information and moving forward to resolve the issue.
Please let me know if you require any additional information. I can be reached at 607-
725-0044.
Priepre
Paul Slobodian
Fax: [phone]
Cc: Bobby Cahoon, Marine Construction, 52 Brinson Road, Grantsboro, NC 28529
Clark Wright, Ward and Davis, LLP, 409 Pollock Street, New Bern, NC 28563
7401 Windward Drive, New Bern, North Carolina 2856o
O? W A
O? T G
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August 9, 2006
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
L)uA
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7005 1820 0003 6594 8303
Paul Slobodian
101 Charlburn Road
Vestal, NY 13850
D w Im Do
AUG 1 1 ZOOS
Subject: NOTICE OF VIOLATION / NOTICE
OF RECOMMENDATION FOR ENFORCEMENT
Baird Creek Point, proposed Subdivision
Pamlico County
Neuse River Baisn
Dear Sir:
DENR - WATER UiJAbTY
WETLANDS AND STORMWATER BRANCH
Alan W. Klimek, P.E. Director
Division of Water Quality
zc>n4??'?`?gg
This letter is to notify you that the Washington Regional Office of the Division of Water Quality is
considering taking an enforcement action for a violation of 15A NCAC 2B .0233 Neuse Riparian Buffer
Rules. On August 7, 2006 Mr. Kyle Barnes of this office conducted a site visit on the subject property located
east of SR 1101 (Bennett Neck Road) adjacent to Beard Creek in the Neuse River Basin. During this site
visit Mr. Barnes observed that the entire riparian buffer on the site had been disturbed. Understory
vegetation removal had occurred in all of Zone 1 and Zone 2 of the riparian buffer as well as ground
disturbance from mechanical equipment was observed and recorded. There was no obvious sign of any
attempt to stabilize the disturbed areas with vegetation.
The riparian buffer extends fifty feet landward of coastal marsh or from the top of bank from any feature that
shows as a surface water on either the soil survey map prepared by the Natural Resource Conservation Service of
the United States Department of Agriculture or the most recent version of the 1:24000 scale quadrangle
topographic maps prepared by the United States Geographic Survey (USGS) in buffered counties. This regulation
states under 15A NCAC 213 .0233(4)(a) Zone 1 of the Neuse Riparian buffer shall consist of a vegetated area that
is undisturbed. For surface waters within the 20 Coastal Counties (defined in 15A NCAC 2B .0202) within the
jurisdiction of the Division of Coastal Management (CAMA), Zone 1 of the riparian buffer shall begin at the
most landward limit of:
(A) the normal high water level;
(B) the normal water level; or
(C) the landward limit of coastal wetlands as defined by the Division of Coastal Management,
and extend landward a distance of 30 feet, measured horizontally on a line perpendicular
to the surface water, whichever is more restrictive. Zone 2 is the next 20 ft to comprise a 50ft vegetated area.
Any activity within the riparian buffer other than those listed as "Exempt" uses under 15A NCAC 2B .0233(6)
requires approval from the Division of Water Quality. A file review has confirmed that no approval was
sought or given to impact the previously described area.
North Carolina Division of Water Quality Internet www ncwatereuali .ora
943 Washington Square Mall Phone: [phone] *P'Karol
n, NC 27889 FAX [phone] ina
Washingto
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Please be advised that this activity without a valid authorization is a violation of 15A NCAC 2B .0233 and
subjects you to appropriate enforcement actions which provides that a civil penalty of not more than twenty-
five thousand dollars ($25,000.00) per violation may be assessed. As detailed above, Zone I of the riparian
buffer is required to be undisturbed except for the provisions listed in the rules. Accordingly, a restoration
plan will be required and it is recommended that you contact Kyle Barnes of this office if you have not
already done so to further discuss the issues on the subject property. It should also be understood that
restoration must be accomplished from a combination of plantings and through natural succession. As such,
the riparian zone is required to be restored to its original condition. This includes all views and access to
open water pursuant to 15A NCAC 2B .0259.
By copy of this letter you are requested to respond in writing within 30 days of receipt of this letter. If you
should, explain how the violation occurred, detail a proposed restoration plan, a monitoring plan and how
you propose to communicate this issue to any future/new property owners. Your explanation will be
reviewed and considered when making a determination whether to proceed with an enforcement action
recommendation.
Thank you for your attention to this matter. If you have any questions regarding this matter please contact
Kyle Barnes at [phone].
Sincerely,
A- L.
i r=
AI Hodge, Figionval Supervisor
Surface Water Protection
Washington Regional Office
cc: Danny Smith/Compliance Oversight
Central Files, Water Quality
Tere Barrett (CAMA Morehead)
WaRO file
Cyndi Karoly, Buffers- 401/WetlandsUnit
Enc: 15A NCAC 2B: 0233: Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection
and Maintenance of Existing Riparian Buffers.
(4) Concentrations or combinations of substances which are toxic or harmful to human, animal or plant life may
not be present in amounts which individually or cumulatively may cause adverse impacts on existing
wetland uses;
(5) Hydrological conditions necessary to support the biological and physical characteristics naturally present in
wetlands shall be protected to prevent adverse impacts on:
(A) Water currents, erosion or sedimentation patterns;
(B) Natural water temperature variations;
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(E) The pH of the wetland; and
(F) Water levels or elevations.
(6) The populations of wetland flora and fauna shall be maintained to protect biological integrity as defined at
15A NCAC 2B .0202.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
RRC Objection Eff.' July 18, 1996 due to lack of statutory authority and ambiguity;
Efy' October 1, 1996.
15A NCAC 02B.0232NEUSE RIVER BASIN- NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: BASIN NUTRIENT REDUCTION GOAL
(a) Pursuant to 1995 (Reg. Sess., 1996) N.C. Session Laws, c. 572, the Environmental Management Commission hereby
establishes the goal of reducing the average annual load of nitrogen delivered to the Neuse River Estuary from point and
nonpoint sources by a minimum of 30 percent of the average annual load for the period 1991 through 1995 by the year 2001.
All waters of the Neuse River Basin have been supplementally classified as Nutrient Sensitive Waters (NSW) pursuant to 15A
NCAC 2B .0223. The following rules shall be implemented in accordance with 15A NCAC 2B .0223 in all waters of the
Neuse River Basin:
(1) Rule .0233 for protection and maintenance of riparian areas,
(2) Rule .0234 for wastewater discharges,
(3) Rule .0235 for urban stormwater management,
(4) Rules .0236 and .0238 for agricultural nitrogen reduction,
(5) Rule .0239 for nutrient management, and
(6) Rule .0240 for nitrogen offset fees.
(b) Failure to meet requirements of Rules .0233, .0234, .0235, .0236, .0238, .0239, and .0240 of this Section may result in
imposition of enforcement measures as authorized by G.S. 143-215.6A (civil penalties), G.S. 143-215.6B (criminal penalties),
and G.S. 143-215.6C (injunctive relief).
History Note: Authority G. S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1); 143-215.6A; 143-215.6B;
143-215.6C;
Eff. August], 1998.
15A NCAC 02B.0233 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT
STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS
The following is the management strategy for maintaining and protecting existing riparian buffers in the Neuse River Basin.
(1) PURPOSE. The purpose of this Rule shall be to protect and preserve existing riparian buffers in the Neuse
River Basin to maintain their nutrient removal functions.
(2) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows:
(a) 'Channel' means a natural water-carrying trough cut vertically into low areas of the land surface by
erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water.
(current definition in Forest Practice Guidelines Related to Water Quality, 15A NCAC 11 .0 102)
(b) 'DBH' means Diameter at Breast Height of a tree, which is measured at 4.5 feet above ground
surface level.
(c) 'Ditch or canal' means a man-made channel other than a modified natural stream constructed for
drainage purposes that is typically dug through inter-stream divide areas. A ditch or canal may
NORTH CAROLINA ADMINISTRATIVE CODE Eff. AuPust 1, 2004 Paee 51
have flows that are perennial, intermittent, or ephemeral and may exhibit hydrological and
biological characteristics similar to perennial or intermittent streams.
(d) 'Ephemeral (stormwater) stream' means a feature that carries only stormwater in direct response to
precipitation with water flowing only during and shortly after large precipitation events. An
ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above the
water table, and stormwater runoff is the primary source of water. An ephemeral stream typically
lacks the biological, hydrological, and physical characteristics commonly associated with the
continuous or intermittent conveyance of water.
(e) 'Forest plantation' means an area of planted trees that may be conifers (pines) or hardwoods. On a
plantation, the intended crop trees are planted rather than naturally regenerated from seed on the
site, coppice (sprouting), or seed that is blown or carried into the site.
(f) 'High Value Tree' means a tree that meets or exceeds the following standards: for pine species, 14-
inch DBH or greater or 18-inch or greater stump diameter; and, for hardwoods and wetland
species, 16-inch DBH or greater or 24-inch or greater stump diameter.
(g) 'Intermittent stream' means a well-defined channel that contains water for only part of the year,
typically during winter and spring when the aquatic bed is below the water table. The flow maybe
heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological and
hydrological characteristics commonly associated with the conveyance of water.
(h) 'Modified natural stream' means an on-site channelization or relocation of a stream channel and
subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations
in the immediate watershed. A modified natural stream must have the typical biological,
hydrological, and physical characteristics commonly associated with the continuous conveyance of
water.
(i) 'Perennial stream' means a well-defined channel that contains water year round during a year of
normal rainfall with the aquatic bed located below the water table for most of the year.
Groundwater is the primary source of water for a perennial stream, but it also carries stormwater
runoff. A perennial stream exhibits the typical biological, hydrological, and physical
characteristics commonly associated with the continuous conveyance of water.
(j) 'Perennial waterbody' means a natural or man-made basin that stores surface water permanently at
depths sufficient to preclude growth of rooted plants, including lakes, ponds, sounds, non-stream
estuaries and ocean. For the purpose of the State=s riparian buffer protection program, the
waterbody must be part of a natural drainageway (i.e., connected by surface flow to a stream).
(k) 'Stream' means a body of concentrated flowing water in a natural low area or natural channel on the
land surface.
(1) 'Surface water' means all waters of the state as defined in G.S. 143-212 except underground waters.
(m) 'Tree' means a woody plant with a DBH equal to or exceeding five inches.
(3) APPLICABILITY. This Rule shall apply to 50-foot wide riparian buffers directly adjacent to surface waters
in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, and estuaries), excluding
wetlands. Except as described in Sub-Item (4)(a)(iii) of this Rule, wetlands adjacent to surface waters or
within 50 feet of surface waters shall be considered as part of the riparian buffer but are regulated pursuant
to 15A NCAC 2H .0506. The riparian buffers protected by this Rule shall be measured pursuant to Item (4)
of this Rule. For the purpose of this Rule, a surface water shall be present if the feature is approximately
shown on either the most recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture or the most recent version of the
1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey
(USGS). Riparian buffers adjacent to surface waters that do not appear on either of the maps shall not be
subject to this Rule. Riparian buffers adjacent to surface waters that appear on the maps shall be subject to
this Rule unless one of the following applies.
(a) EXEMPTION WHEN AN ON-SITE DETERMINATION SHOWS THAT SURFACE WATERS
ARE NOT PRESENT. When a landowner or other affected party believes that the maps have
inaccurately depicted surface waters, he or she shall consult the Division or the appropriate
delegated local authority. Upon request, the Division or delegated local authority shall make on-
site determinations. Any disputes over on-site determinations shall be referred to the Director in
writing. A determination of the Director as to the accuracy or application of the maps is subject to
review as provided in Articles 3 and 4 of G.S. 150B. Surface waters that appear on the maps shall
NORTH CAROLINA ADMINISTRATIVE CODE Eff. August 1, 2004 Paee 52
not be subject to this Rule if an on-site determination shows that they fall into one of the following
categories.
(i) Ditches and manmade conveyances other than modified natural streams unless
constructed for navigation or boat access.
(ii) Manmade ponds and lakes that are located outside natural drainage ways.
(iii) Ephemeral (stormwater) streams.
(b) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule shall not
apply to portions of the riparian buffer where a use is existing and ongoing according to the
following:
0) A use shall be considered existing if it was present within the riparian buffer as of July
22, 1997. Existing uses shall include, but not be limited to, agriculture, buildings,
industrial facilities, commercial areas, transportation facilities, maintained lawns, utility
lines and on-site sanitary sewage systems. Only the portion of the riparian buffer that
contains the footprint of the existing use is exempt from this Rule. Activities necessary to
maintain uses are allowed provided that no additional vegetation is removed from Zone 1
except that grazed or trampled by livestock and existing diffuse flow is maintained.
Grading and revegetating Zone 2 is allowed provided that the health of the vegetation in
Zone 1 is not compromised, the ground is stabilized and existing diffuse flow is
maintained.
(ii) At the time an existing use is proposed to be converted to another use, this Rule shall
apply. An existing use shall be considered to be converted to another use if any of the
following applies:
(A) Impervious surface is added to the riparian buffer in locations where it did not
exist previously.
(B) An agricultural operation within the riparian buffer is converted to a non-
agricultural use.
(C) A lawn within the riparian buffer ceases to be maintained.
(4) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Item (6)
of this Rule. The location of Zone 1 shall be as follows:
(i) For intermittent and perennial streams, Zone 1 shall begin at the most landward limit of
the top of bank or the rooted herbaceous vegetation and extend landward a distance of 30
feet on all sides of the surface water, measured horizontally on a line perpendicular to the
surface water.
(ii) For ponds, lakes and reservoirs located within a natural drainage way, Zone 1 shall begin
at the most landward limit of the normal water level or the rooted herbaceous vegetation
and extend landward a distance of 30 feet, measured horizontally on a line perpendicular
to the surface water.
(iii) For surface waters within the 20 Coastal Counties (defined in 15A NCAC 2B .0202)
within the jurisdiction of the Division of Coastal Management, Zone 1 shall begin at the
most landward limit of.,
(A) the normal high water level;
(B) the normal water level; or
(C) the landward limit of coastal wetlands as defined by the Division of
Coastal Management;
and extend landward a distance of 30 feet, measured horizontally on a line perpendicular
to the surface water, whichever is more restrictive.
(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for activities and uses
provided for in Item (6) of this Rule. Grading and revegetating Zone 2 is allowed provided that the
health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of
Zone 1 and extend landward 20 feet as measured horizontally on a line perpendicular to the surface
water. The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface water.
(5) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by
dispersing concentrated flow and reestablishing vegetation.
(a) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow
before the runoff enters the Zone 2 of the riparian buffer.
NORTH CAROLINA ADMINISTRATIVE CODE Ef. . Aurust 1, 2004 Pate 53

(b) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies.
(6) TABLE OF USES. The following chart sets out the uses and their designation under this Rule as exempt,
allowable, allowable with mitigation, or prohibited. The requirements for each category are given in Item
(7) of this Rule.
Exempt Allowable Allowable Prohibited
with
Mitigation
Airport facilities:
Airport facilities that impact equal to or less than 150 linear X
feet or one-third of an acre of riparian buffer
Airport facilities that impact greater than 150 linear feet o X
one-third of an acre of riparian buffer
Archaeological activities X
Bridges X
Dam maintenance activities X
Drainage ditches, roadside ditches and stormwater outfalls
through riparian buffers:
Existing drainage ditches, roadside ditches, and stormwate X
outfalls provided that they are managed to minimize th
sediment, nutrients and other pollution that convey to
waterbodies
New drainage ditches, roadside ditches and stormwate X
outfalls provided that a stormwater management facility is
installed to control nitrogen and attenuate flow before the
conveyance discharges through the riparian buffer
X New drainage ditches, roadside ditches and stormwate X
outfalls that do not provide control for nitrogen before
discharging through the riparian buffer
Excavation of the streambed in order to bring it to the same X
elevation as the invert of a ditch
Drainage of a pond in a natural drainage way provided that X
new riparian buffer that meets the requirements of Items (4) and
(5) of this Rule is established adjacent to the new channel
Driveway crossings of streams and other surface waters subject
to this Rule:
Driveway crossings on single family residential lots that X
disturb equal to or less than 25 linear feet or 2, 500 square
feet of riparian buffer
Driveway crossings on single family residential lots that X
disturb greater than 25 linear feet or 2,500 square feet o
riparian buffer
In a subdivision that cumulatively disturb equal to or less than X
150 linear feet or one-third of an acre of riparian buffer
In a subdivision that cumulatively disturb greater than 150 X
linear feet or one-third of an acre of riparian buffer
Fences provided that disturbance is minimized and installation X
does not result in removal of forest vegetation
Forest harvesting - see Item (11) of this Rule
NORTH CAROLINA ADMINISTRATIVE CODE Eff. August 1 2004 Pate 54
Fertilizer application:
One-time fertilizer application to establish replanted X
vegetation
Ongoing fertilizer application X
Grading and revegetation in Zone 2 only provided that diffuse X
ow and the health of existing vegetation in Zone 1 is no
compromised and disturbed areas are stabilized
Greenway/hiking trails X
Historic preservation X
Landfills as defined by G.S. 130A-290 X
Mining activities:
Mining activities that are covered by the Mining Act provide X
that new riparian buffers that meet the requirements of Items
(4) and (5) of this Rule are established adjacent to the
relocated channels
Mining activities that are not covered by the Mining Act O X
where new riparian buffers that meet the requirements o
Items (4) and (5) of this Rule are not established adjacent to
the relocated channels
Wastewater or mining dewatering wells with approve X
NPDES permit
on-electric utility lines:
Impacts other than perpendicular crossings in Zone 2 only' X
Impacts other than perpendicular crossings in Zone 13 X
Non-electric utility line perpendicular crossing of streams and
other surface waters subject to this Rule':
Perpendicular crossings that disturb equal to or less than 40 X
linear feet of riparian buffer with a maintenance corridor equal
to or less than 10 feet in width
Perpendicular crossings that disturb greater than 40 linear fee X
of riparian buffer with a maintenance corridor greater than 10
feet in width
Perpendicular crossings that disturb greater than 40 linear fee X
but equal to or less than 150 linear feet of riparian buffer with
a maintenance corridor equal to or less than 10 feet in width
Perpendicular crossings that disturb greater than 40 linear fee
but equal to or less than 150 linear feet of riparian buffer with X
a maintenance corridor greater than 10 feet in width
Perpendicular crossings that disturb greater than 150 linear
feet of riparian buffer
X
On-site sanitary sewage systems - new ones that use ground X
absorption
Overhead electric utility lines:
Impacts other than perpendicular crossings in Zone 2 only' X
Impacts other than perpendicular crossings in Zone 1 X
Overhead electric utility line perpendicular crossings of streams
and other surface waters subject to this Rule'
Perpendicular crossings that disturb equal to or less than 150 X
linear feet of riparian buffer 1
NORTH CAROLINA ADMINISTRATIVE CODE Eff. August 1, 2004 Paze 55
Perpendicular crossings that disturb greater than 150 linear X
feet of riparian buffer'' 2
Periodic maintenance of modified natural streams such as canal X
and a grassed travelway on one side of the surface water when
alternative forms of maintenance access are not practical
' Provided that, in Zone 1, all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used,
then the overhead utility lines shall require a no practical alternatives evaluation by the Division.
• A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only vegetation
that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are
cut.
• Rip rap shall not be used unless it is necessary to stabilize a tower.
¦ No fertilizer shall be used other than a one-time application to re-establish vegetation.
¦ Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time
in which areas remain in a disturbed state.
¦ Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater
through the buffer.
¦ In wetlands, mats shall be utilized to minimize soil disturbance.
2 Provided that poles or towers shall not be installed within 10 feet of a water body unless the Division completes a no
ractical alternatives evaluation.
Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees.
Exempt Allowable Allowable Prohibited
with
Mitigation
Playground equipment:
X Playground equipment on single family lots provided that X
installation and use does not result in removal of vegetation
X Playground equipment installed on lands other than single-
family lots or that requires removal of vegetation X
Ponds in natural drainage ways, excluding dry ponds:
X New ponds provided that a riparian buffer that meets the X
requirements of Items (4) and (5) of this Rule is established
adjacent to the pond
X New ponds where a riparian buffer that meets the X
requirements of Items (4) and (5) of this Rule is NOT
established adjacent to the pond
Protection of existing structures, facilities and streambanks X
when this requires additional disturbance of the riparian
buffer or the stream channel
Railroad impacts other than crossings of streams and other X
surface waters subject to this Rule
Railroad crossings of streams and other surface waters subject
to this Rule:
X Railroad crossings that impact equal to or less than 40 X
linear feet of riparian buffer
X Railroad crossings that impact greater than 40 linear feet X
but equal to or less than 150 linear feet or one-third of an
acre of riparian buffer
X Railroad crossings that impact greater than 150 linear feet X
or one-third of an acre of riparian buffer
NORTH CAROLINA ADMINISTRATIVE CODE EN: August 1 2004 PaEe 56
Removal of previous fill or debris provided that diffuse flow X
is maintained and any vegetation removed is restored
Road impacts other than crossings of streams and other X
surface waters subject to this Rule
Road crossings of streams and other surface waters subject to
this Rule:
X Road crossings that impact equal to or less than 40 linear X
feet of riparian buffer
X Road crossings that impact greater than 40 linear feet but X
equal to or less than 150 linear feet or one-third of an acre
of riparian buffer
X Road crossings that impact greater than 150 linear feet or X
one-third of an acre of riparian buffer
Scientific studies and stream gauging X
Stormwater management ponds excluding dry ponds:
X New stormwater management ponds provided that a X
riparian buffer that meets the requirements of Items (4) and
(5) of this Rule is established adjacent to the pond
X New stormwater management ponds where a riparian X
buffer that meets the requirements of Items (4) and (5) of
this Rule is NOT established adjacent to the pond
Stream restoration X
Streambank stabilization X
Temporary roads:
X Temporary roads that disturb less than or equal to 2,500 X
square feet provided that vegetation is restored within six
months of initial disturbance
X Temporary roads that disturb greater than 2,500 square feet X
provided that vegetation is restored within six months of
initial disturbance
X Temporary roads used for bridge construction or X
replacement provided that restoration activities, such as
soil stabilization and revegetation, are conducted
immediately after construction
Temporary sediment and erosion control devices:
X In Zone 2 only provided that the vegetation in Zone 1 is not X
compromised and that discharge is released as diffuse flow
in accordance with Item (5) of this Rule
X In Zones I and 2 to control impacts associated with uses X
approved by the Division or that have received a variance
provided that sediment and erosion control for upland areas
is addressed to the maximum extent practical outside the
buffer
X In-stream temporary erosion and sediment control X
measures for work within a stream channel
Underground electric utility lines:
X Impacts other than perpendicular crossings in Zone 2 only3 X
X Impacts other than perpendicular crossings in Zone 13'4 X
Underground electric utility line perpendicular crossings of
streams and other surface waters subject to this Rule :3
X Perpendicular crossings that disturb less than or equal to 40 X
linear feet of riparian buffer"'
NORTH CAROLINA ADMINISTRATIVE CODE Eff. August 1 2004 Paee 57
X Perpendicular crossings that disturb greater than 40 linear X
feet of riparian buffer 3,4
4 Provided that, in Zone 1, all of the following BMPs for underground utility lines are used. If all of these BMPs are not used,
then the underground utility line shall require a no practical alternatives evaluation by the Division.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
¦ Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the
trench, where trees are cut.
¦ Underground cables shall be installed by vibratory plow or trenching.
• The trench shall be backfilled with the excavated soil material immediately following cable installation.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time
in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater
through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
Exempt Allowable Allowable Prohibited
with
Mitigation
Vegetation management:
X Emergency fire control measures provided that topography X
is restored
X Periodic mowing and harvesting of plant products in Zone X
2 only
X Planting vegetation to enhance the riparian buffer X
X Pruning forest vegetation provided that the health and X
function of the forest vegetation is not compromised
X Removal of individual trees which are in danger of causing X
damage to dwellings, other structures or human life
X Removal of poison ivy
X Removal of understory nuisance vegetation as defined in: X
Smith, Cherri L. 1998. Exotic Plant Guidelines. X
Department of Environment and Natural Resources.
Division of Parks and Recreation. Raleigh, NC. Guideline
#30
Water dependent structures as defined in 15A NCAC 2B X
.0202
Water supply reservoirs:
X New reservoirs provided that a riparian buffer that meets X
the requirements of Items (4) and (5) of this Rule is
established adjacent to the reservoir
X New reservoirs where a riparian buffer that meets the
requirements of Items (4) and (5) of this Rule is NOT X
established adjacent to the reservoir
Water wells X
Wetland restoration X
(7) REQUIREMENTS FOR CATEGORIES OF USES. Uses designated as exempt, allowable, allowable with
mitigation and prohibited in Item (6) of this Rule shall have the following requirements:
(a) EXEMPT. Uses designated as exempt are allowed within the riparian buffer. Exempt uses shall
be designed, constructed and maintained to minimize soil disturbance and to provide the maximum
NORTH CAROLINA ADMINISTRATIVE CODE Eff. Aueust 1, 2004 Paee 58
water quality protection practicable. In addition, exempt uses shall meet requirements listed in
Item (6) of this Rule for the specific use.
(b) ALLOWABLE. Uses designated as allowable may proceed within the riparian buffer provided
that there are no practical alternatives to the requested use pursuant to Item (8) of this Rule. These
uses require written authorization from the Division or the delegated local authority.
(c) ALLOWABLE WITH MITIGATION. Uses designated as allowable with mitigation may proceed
within the riparian buffer provided that there are no practical alternatives to the requested use
pursuant to Item (8) of this Rule and an appropriate mitigation strategy has been approved pursuant
to Item (10) of this Rule. These uses require written authorization from the Division or the
delegated local authority.
(d) PROHIBITED. Uses designated as prohibited may not proceed within the riparian buffer unless a
variance is granted pursuant to Item (9) of this Rule. Mitigation may be required as one condition
of a variance approval.
(8) DETERMINATION OF "NO PRACTICAL ALTERNATIVES." Persons who wish to undertake uses
designated as allowable or allowable with mitigation shall submit a request for a "no practical alternatives"
determination to the Division or to the delegated local authority. The applicant shall certify that the criteria
identified in Sub-Item (8)(a) of this Rule are met. The Division or the delegated local authority shall grant
an Authorization Certificate upon a Ano practical alternatives® determination. The procedure for making an
Authorization Certificate shall be as follows:
(a) For any request for an Authorization Certificate, the Division or the delegated local authority shall
review the entire project and make a finding of fact as to whether the following requirements have
been met in support of a "no practical alternatives" determination:
(i) The basic project purpose cannot be practically accomplished in a manner that would
better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
(ii) The use cannot practically be reduced in size or density, reconfigured or redesigned to
better minimize disturbance, preserve aquatic life and habitat, and protect water quality.
(iii) Best management practices shall be used if necessary to minimize disturbance, preserve
aquatic life and habitat, and protect water quality.
(b) Requests for an Authorization Certificate shall be reviewed and either approved or denied within
60 days ofreceipt of a complete submission based on the criteria in Sub-Item (8)(a) ofthis Rule by
either the Division or the delegated local authority. Failure to issue an approval or denial within 60
days shall constitute that the applicant has demonstrated "no practical alternatives." The Division
or the delegated local authority may attach conditions to the Authorization Certificate that support
the purpose, spirit and intent of the riparian buffer protection program. Complete submissions
shall include the following:
(i) The name, address and phone number of the applicant;
(ii) The nature of the activity to be conducted by the applicant;
(iii) The location of the activity, including the jurisdiction;
(iv) A map of sufficient detail to accurately delineate the boundaries of the land to be utilized
in carrying out the activity, the location and dimensions of any disturbance in riparian
buffers associated with the activity, and the extent of riparian buffers on the land;
(v) An explanation of why this plan for the activity cannot be practically accomplished,
reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve
aquatic life and habitat and protect water quality; and
(vi) Plans for any best management practices proposed to be used to control the impacts
associated with the activity.
(c) Any disputes over determinations regarding Authorization Certificates shall be referred to the
Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4
of G.S. 150B.
(9) VARIANCES. Persons who wish to undertake uses designated as prohibited may pursue a variance. The
Division or the appropriate delegated local authority may grant minor variances. The variance request
procedure shall be as follows:
(a) For any variance request, the Division or the delegated local authority shall make a finding of fact
as to whether the following requirements have been met:
NORTH CAROLINA ADMINISTRATIVE CODE Eff. August 1 2004 Pate 59
(b)
(c)
(i) There are practical difficulties or unnecessary hardships that prevent compliance with the
strict letter of the riparian buffer protection requirements. Practical difficulties or
unnecessary hardships shall be evaluated in accordance with the following:
(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. Merely
proving that the variance would permit a greater profit from the property shall
not be considered adequate justification for a variance. Moreover, the Division
or delegated local authority shall consider whether the variance is the minimum
possible deviation from the terms of this Rule that shall make reasonable use of
the property possible.
(B) The hardship results from application of this Rule to the property rather than
from other factors such as deed restrictions or other hardship.
(C) The hardship is due to the physical nature of the applicant's property, such as its
size, shape, or topography, which is different from that of neighboring property.
(D) The applicant did not cause the hardship by knowingly or unknowingly violating
this Rule.
(E) The applicant did not purchase the property after the effective date of this Rule,
and then requesting an appeal.
(F) The hardship is unique to the applicant's property, rather than the result of
conditions that are widespread. If other properties are equally subject to the
hardship created in the restriction, then granting a variance would be a special
privilege denied to others, and would not promote equal justice;
(ii) The variance is in harmony with the general purpose and intent of the State's riparian
buffer protection requirements and preserves its spirit; and
(iii) In granting the variance, the public safety and welfare have been assured water quality
has been protected, and substantial justice has been done.
MINOR VARIANCES. A minor variance request pertains to activities that are proposed only to
impact any portion of Zone 2 of the riparian buffer. Minor variance requests shall be reviewed and
approved based on the criteria in Sub-Item (9)(a) of this Rule by the either the Division or the
delegated local authority pursuant to G.S. 153A Article 18, or G.S. 160A-Article 19. The Division
or the delegated local authority may attach conditions to the variance approval that support the
purpose, spirit and intent of the riparian buffer protection program. Requests for appeals of
decisions made by the Division shall be made to the Office of Administrative Hearings, Request
for appeals made by the delegated local authority shall be made to the appropriate Board of
Adjustment under G.S. 160A-388 or G.S. 153A-345.
MAJOR VARIANCES. A major variance request pertains to activities that are proposed to impact
any portion of Zone 1 or any portion of both Zones 1 and 2 of the riparian buffer. If the Division
or the delegated local authority has determined that a major variance request meets the
requirements in Sub-Item (9)(a) of this Rule, then it shall prepare a preliminary finding and submit
it to the Commission. Preliminary findings on major variance requests shall be reviewed by the
Commission within 90 days after receipt by the Director. Requests for appeals of determinations
that the requirements of Sub-Item (9)(a) of this Rule have not been met shall be made to the Office
of Administrative Hearings for determinations made by the Division or the appropriate Board of
Adjustments under G.S. 160A-388 or G.S. 153A-345 for determinations made by the delegated
local authority. The purpose of the Commission's review is to determine if it agrees that the
requirements in Sub-Item (9)(a) of this Rule have been met. Requests for appeals of decisions
made by the Commission shall be made to the Office of Administrative Hearings. The following
actions shall be taken depending on the Commission's decision on the major variance request:
(i) Upon the Commission's approval, the Division or the delegated local authority shall issue
a final decision granting the major variance.
(ii) Upon the Commission's approval with conditions or stipulations, the Division or the
delegated local authority shall issue a final decision, which includes these conditions or
stipulations.
(iii) Upon the Commission's denial, the Division or the delegated local authority shall issue a
final decision denying the major variance.
NORTH CAROLINA ADMINISTRATIVE CODE Eff. Aueust 1 2004 Paee 60
(10) MITIGATION. Persons who wish to undertake uses designated as allowable with mitigation shall meet the
following requirements in order to proceed with their proposed use.
(a) Obtain a determination of "no practical alternatives" to the proposed use pursuant to Item (8) of
this Rule.
(b) Obtain approval for a mitigation proposal pursuant to 15A NCAC 2B .0242.
(11) REQUIREMENTS SPECIFIC TO FOREST HARVESTING. The following requirements shall apply for
forest harvesting operations and practices.
(a) The following measures shall apply in the entire riparian buffer:
(i) Logging decks and sawmill sites shall not be placed in the riparian buffer.
(ii) Access roads and skid trails shall be prohibited except for temporary and permanent
stream crossings established in accordance with 15A NCAC 11.0203. Temporary stream
crossings shall be permanently stabilized after any site disturbing activity is completed.
(iii) Timber felling shall be directed away from the stream or water body.
(iv) Skidding shall be directed away from the stream or water body and shall be done in a
manner that minimizes soil disturbance and prevents the creation of channels or ruts.
(v) Individual trees may be treated to maintain or improve their health, form or vigor.
(vi) Harvesting of dead or infected trees or application of pesticides necessary to prevent or
control extensive tree pest and disease infestation shall be allowed. These practices must
be approved by the Division of Forest Resources for a specific site. The Division of
Forest Resources must notify the Division of all approvals.
(vii) Removal of individual trees that are in danger of causing damage to structures or human
life shall be allowed.
(viii) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover
plants to enhance the riparian buffer shall be allowed provided that soil disturbance is
minimized. Plantings shall consist primarily of native species.
(ix) High intensity prescribed burns shall not be allowed.
(x) Application of fertilizer shall not be allowed except as necessary for permanent
stabilization. Broadcast application of fertilizer or herbicides to the adjacent forest stand
shall be conducted so that the chemicals are not applied directly to or allowed to drift into
the riparian buffer.
(b) In Zone 1, forest vegetation shall be protected and maintained. Selective harvest as provided for
below is allowed on forest lands that have a deferment for use value under forestry in accordance
with G.S. 105-277.2 through G.S. 277.6 or on forest lands that have a forest management plan
prepared or approved by a registered professional forester. Copies of either the approval of the
deferment for use value under forestry or the forest management plan shall be produced upon
request. For such forest lands, selective harvest is allowed in accordance with the following:
(i) Tracked or wheeled vehicles are not permitted except at stream crossings designed,
constructed and maintained in accordance with 15A NCAC 11 .0203.
(ii) Soil disturbing site preparation activities are not allowed.
(iii) Trees shall be removed with the minimum disturbance to the soil and residual vegetation.
(iv) The following provisions for selective harvesting shall be met:
(A) The first 10 feet of Zone I directly adjacent to the stream or waterbody shall be
undisturbed except for the removal of individual high value trees as defined
provided that no trees with exposed primary roots visible in the streambank be
cut.
(B) In the outer 20 feet of Zone 1, a maximum of 50 percent of the trees greater than
five inches dbh may be cut and removed. The reentry time for harvest shall be
no more frequent than every 15 years, except on forest plantations where the
reentry time shall be no more frequent than every five years. In either case, the
trees remaining after harvest shall be as evenly spaced as possible.
(C) In Zone 2, harvesting and regeneration of the forest stand shall be allowed
provided that sufficient ground cover is maintained to provide for diffusion and
infiltration of surface runoff.
(12) REQUIREMENTS SPECIFIC TO LOCAL GOVERNMENTS WITH STORMWATER PROGRAMS FOR
NITROGEN CONTROL. Local governments that are required to have local stormwater programs pursuant
NORTH CAROLINA ADMINISTRATIVE CODE Eff. August 1, 2004 Paee 61

O
wa rF9
QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 8, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Paul Slobodian
101 Charlburn Road
Vestal, NY 13850
Subject Property: Baird Creek Point Subdivision
Beard Creek [030410, 21-111, SC, SW, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Slobodian:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0998
Pamlico County
On June 20, 2006, the Division of Water Quality (DWQ) received your application dated February 5,
2006, to shade 0.0357 acres of open water, shade 0.0218 acres of coastal wetland, and shade 0.0046 acres
of 404 wetland to construct the proposed 14-lot subdivision with a road, pool, clubhouse, and a 14-slip
docking facility. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject property. Therefore,
unless we receive five copies of the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H.0506 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following information so that
we may continue to review your project.
Additional Information Requested:
1. There has been a buffer violation for removal of understory vegetation and ground disturbing
activities without stabilization in both zones of the riparian buffer. This violation must be
resolved before the 401 Water Quality Certification may be issued.
2. This Office believes that the proposed dock location and impacts to the riparian buffer with the
access walkway to the dock can be avoided if the dock is moved to the south where waters are
deeper and will satisfy the concern of impacts to shallow water habitat. Please revise the plans to
avoid the impacts and apply for these impacts in a new Pre-Construction Notification
Application.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Kyle
Barnes of the DWQ Washington Office. If we do not hear from you within three weeks, we will assume
that you no longer want to pursue this project and we will consider the project as withdrawn.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
One
Caro na
N
Nawrally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2 of 2
t August 8, 2006
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cy i Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Kyle Barnes, DWQ Washington Regional Office •
USACE Washington Regulatory Field Office
File Copy
Central Files
Bobby Cahoon, Marine Construction, 52 Brinson Road, Grantsboro, NC 28529
Filename: 060998BairdCreekPointSD(Pa milco)On_Hold
Triage Check List
Date: Project Name: e. 0(
DWQ#: X06 0 998
County: Pq-M Ll C-o
To: ? ARO Kevin Barnett 5;LWaRO Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran/Joanne Steenhuis
? MRO Alan Johnson/Barry Love ? WSRO Daryl Lamb
? RRO Eric Kulz
From: c v&") Telephone : (919) 71S . 3`17-3
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
)!?-Minimization/avoidance issues
/? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: ?.AQ,oc,Q s a ,
??
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary

June 19, 2006
MEMORANDUM:
TO: Ms. Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Doug Huggett
Major Permits Processing Coordinator
X0998
I ?c?aw[g
JUN 2 0 2006
UENR - WATER QUALITY
WETLANDS AND STORMWA,TER BRANCH
CAMA/DREDGE & FILL Permit Application Review
Paul Slobodian
Pamlico County: Adj. to Beard Creek on the east side of SR 1101 approximately
1.9 miles south of its intersection with SR 1005, Grantsboro, NC.
The applicant proposes to construct a 14-lot subdivision with a road, pool,
clubhouse, and a 10-slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
July 07, 2006. If you have any questions regarding the proposed project, please contact Stephen Lane at
[phone]. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

C
Development Type FEE DCM % DWQ %
(143001601 435100093 1625 6253) (24300 1602 435100095 2341)
1. Private, non-commercial
development that does not involve 5250 100% ($250) 0% (SO)
the filling or excavation of any
wetlands or open water areas:
H. Public or commercial development
that does not involve the filling or $400 100%($400) 0% (SO)
excavation of any wetlands or open
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A, B, C, or D
below applies:
III(A). For Private, non-commercial
development, If General water Quality S250 1001,0 (5250) 0% (SO)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development, if General water Quality 5400 100%(S400) 0% (SO)
Certification No.3301 (see attached)
can be applied:
III(C). If General Water Quality
Certification No. 3301 (see at ached)
could be applied, but DCM staff
determined lha: additional review and 5400 609,6 (5240) 40% (5160)
wh,",en DWQ concurrence is needed
because of concems related to water
quality or aquatic life:
MID). If General Water Quality
Certification No. 3301 (see attached) S400 60°,0 (S240) 40% (5160)
can not be applied: -
IV. For development that involves
the filling and/or excavation of more $475 609% (S285) 40% (S190)
than one acre of wetlands and/or
open water areas:

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Paul Slobodian
2. LOCATION OF PROJECT SITE: The entrance to the subdivision is on east side of SRI 10 1, approximately 1.9
miles south of its intersection with SRI 005 and is adjacent to Beard Creek near Grantsboro, Pamlico County
Photo Index - 2000:77-906, E-L,10-13 1995: 77-842, C-L, 16-19
State Plane Coordinates - X: 2638106 Y: 470601
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Date of Site Visit - April 5, 2006
Was Applicant Present No
5. PROCESSING PROCEDURE: Application Received Complete: April 13, 2006
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pamlico County
Land Classification From LUP - Rural/Conservation
(B) AEC(s) Involved: CW, ES, EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - N/A
Planned - On site systems
(F) Type of Structures: Existing - Dirt road
Planned - Infrastructure for subdivision, 10-slip pier, 5 culverts
(G) Estimated Annual Rate of Erosion: < I'/year
Source - Applicant
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Open Water 6,315 sf usurped by
docks, of which
1,555 sf is shaded
(B) Coastal Wetlands 950 sf shaded
Section 404 Wetlands 200 sf shaded
(B) High Ground 152,020 sf disturbed
for upland
development
(D) Total Area Disturbed: 159,485 sf
(E) Primary Nursery Area: No
(F) Water Classification: SC; HQW, NSW Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a 14-lot subdivision with a road, pool, clubhouse, an
a 10-slip docking facility.
FIELD INVESTIGATION REPORT:
PAUL SLOBODIAN
PAGE 02
9. NARRATIVE DESCRIPTION:
Project Setting
The site is a 57.46 acre tract located on the west side of SRI 101 approximately 1.9 miles south of
SR1005. The land is adjacent to Beard Creek near Grantsboro, Pamlico County, North Carolina.
The tract is approximately 25' above the NWL on the western side of the land and slopes to meet a
coastal wetland fringe on east side of the property. There is an existing farm entrance road on the
property that was constructed by a former owner of the land that was never graveled or paved. The
majority of the upland area on the property is vegetated with a variety of mature hardwood and pine
trees. A farm field approximately 10 acres in size occupies the center of the tract.
The tract has 3,520 linear feet of shoreline. The shoreline is bordered with black needle rush and
giant cordgrass varying from 2' -. 120' in width from the NWL. There is a single-family residence
and dock on the adjoining waterfront property to the north, while the waterfront property to the south
is undeveloped.
Beard Creek is approximately 710' wide in the project vicinity with water depths in the 3' to 4'
range below NWL. Widgeon Grass was observed out 25' from the shore during the site visit. Beard
Creek is classified by the EMC as SC; SW, NSW and is not classified by the Division of Marine
Fisheries as a primary nursery area. The creek is closed to shellfishing by the Division of
Environmental Health. The Pamlico County Land Use Plan categorizes this area of the county as
Rural, with all AEC's classified as Conservation. The Division of Water Quality approved
Stormwater Management Permit #SW7050921 for a low-density residential development on this
property and a Sedimentation and Erosion Control Plan #Pamli-2006-006 has been issued by the
Division of Land Resources for the project.
Project Proposal
The applicant proposes to construct the first phase of a residential subdivision. In the first phase,
the applicant proposes to subdivide approximately 28 acres of the 57.46 acres into 14 single-family
residential lots. To provide better access to the lots, the applicant has requested to construct an
asphalt road on the property. The road would be approximately 2,550' in length and terminate in a
cul-de-sac approximately 340' from the edge of Beard Creek. The road has been designed such that it
avoids any impact to any Coastal or Section 404 Wetlands. All roads as proposed have 20'
pavement widths and 50' right-of-ways. Five 18" diameter culverts would be installed on high
ground under the proposed road to allow for proper road drainage. A 0.78 acre pond is proposed for
construction on the north side of the road right-of-way on lots 11 and 12. A single-story 30' x 65'
clubhouse and a 40' x 110' pool has also been proposed on a common area which adjoins lot 9.
Lots one through eight would be waterfront lots in which the individual landowners would be
able to apply for a dock once the lots were sold. The applicant also proposes to construct a 10-slip
docking facility to serve the off-water lots in the subdivision. To access the docks, a 5' x 505'
elevated concrete walkway would be constructed. It would originate on lot 9 and pass over lots 13
and 14. The walkway would cross over high ground and 230' linear feet of Coastal and Section 404
FIELD INVESTIGATION REPORT:
PAUL SLOBODIAN
PAGE 03
Wetlands. The walkway would be elevated 3' over the wetland areas. From the walkway a pier 5'
wide by 145' long would lead to the pier platform. The proposed platform is 5'wide by 86' in
length. Four 5' wide by 20' long finger piers and 11 mooring pilings that would extend off 10' from
the pier platform would create the docking spaces for 10 boats. The slips are proposed in water
depths of -3' to -4' below NWL.
The docks would be placed within a cove of the creek such that it would extend only partially out
into the main body of the creek. The structure would be set back 30' from the adjacent riparian line
to the north, and 140' from the adjacent riparian line to the south as proposed. The applicant has
dedicated all 286 linear feet of shoreline from lot 14 to allow for the construction of the community
dock.
. Anticipated Impacts
The project would disturb 152,485 sq. ft. of high ground, of which 57,900 sq. ft. would be
impervious surface for the road and other infrastructure. All proposed impervious surfaces are
outside of the N.C. Division of Coastal Management 75' Estuarine Shoreline AEC. This equates to
0% impervious surface within DCM's 75' Estuarine Shoreline AEC and 2.3% impervious surface for
the entire tract. The elevated walkway to the pier is proposed within the N.C. Division of Water
Quality's Neuse River Basin Riparian Buffer Zone and would shade 950 square feet of Coastal
Wetlands and 200 square feet of Section 404 Wetlands. Sedimentation and stormwater control
techniques have been planned which should minimize any impact from the development of the site.
The pier would usurp 6,315 square feet of estuarine waters and public trust area. The pier would
additionally shade 1,555 square feet of shallow water habitat. The proposal as submitted would
create ten additional boat slips and be the farthest up the creek of any community dock. The pier
would not extend out into the main body of the creek where traditional navigation occurs. A
localized and temporary increase in turbidity can be expected during the in-water portions of the
construction of the pier.
Submitted by: Stephen Lane -Morehead City District - June 9, 2006
1
Form DUYI-NIP-1
A PPLICATi0.V N
(To be completed by all applicants) S
b. City, tow i, community or landmark
? /Z 4,u nsA 9 wO Ale- v? eyA9
1. APPLICANT
a. Landowner:
Name I??- ?Lodm2??Hnt
Address /D/ 12e'4i?
City V ES 77?-J_
State /UEt" i 7or4c-
Zip t3 E,5-6 Day Phone 4o?' a/'
Fax NA
b. Authorized Agent:
Name 4esiP ?i4 on1 9 lNE ?MsT.
Address Sot b/z/`soa t&
City 6f2AMM130" State /U G
Zip o CrSA 9 Day PhoneC4Sa '°;, S/Q /4/q
Fax?Sa - a.S/9- 9S8'?
c. Pr%' name (if any) C2Et=/L
?U??cors?0AS
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County ??Y4muc6
c.. Street address or secondary ro d number
,BENN,5-27- /V/E'L'K-d. Is proposed work within city limits or planning
jurisdiction? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) BINf-Da CR2C E e-
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
B w,-a (J o t '00C Co "C Z-G rte. 6-'O-te
aoGL WITH 4t- A'N6,69 ?/CAJ% .a.-'l
/0 4Z4^ Z;; f S w17'r4 i4dC :5S M
,tors W c Gl~k'8
b. Is the proposed activity maintenance of an existing
project, new work, or both? 1?E'c'i
c. Will the proi,-ct he for public, private or commercial
use? CP/??'ERC/'`f?
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. .S,56 A-zrJ+eEF/hE?7-

Mor,;neaci City nrm Y
Form DCM-NIP-1
4. LAND AND WATER
C1 ARACTERISTICS
?los
a. Size of entire tract s7,
- -
b. Size of individual lot(s)' Y,"C Q `5
c. Approximate elevation of tract above MHW or
NW L ?_r
. Soil type(s) and texture(s) of tract
,ME1 f{rcKo4.?
e. Vegetation on tract , to 44
?
e7u-M ?_ /n erL•SN
f. Man-made features now on tract
CEm67AAL Y
g. What is the CAMA Land Use Plan land
classification of the site? (consuh the local laud use plan.)
?conservation
Developed
V' Rural
Transitional
_T Commtinity
Other
h. How is the tract zoned by local governmbnt?
OC> :2vNi"(V, o9T-Y1-*11A 77Mff
i. Is the proposed project consistent with the applicable
zoning? I--- Yes No
(Attach zoning compliance cerrilicale, (applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes ? No
If yes, by whom? A
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
yes -No
1. Are there wetlands on. the site? 'i Yes No
Coastal (marsh) ?' Other `fbY W.fI
If yes, has a delineation ben conducted? et,
(Anach docw.ontarion, iJavmfa±Lel.s )4T?N
M. Describe existing wastewater treatment facilities.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) .SAIL PAC95
,QrcnJ OFf -' w?-sn/ t7ot.?? ?+,^
o. Describe existing drinking water supply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said `property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work,p.lat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2' by 11" white paper. (Refer to
Coastal Resources Commission Rule 7!.0203 for a
detailed description.)'
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
R
1 ? /
?r(
BOBBY CAHOON MARINE CONSTRUCTION, INC.
6003 NEUSE RD
GRANTSBORO, NC 28529
[phone] PHONE [phone] FAX
February 5, 2006
Paul Slobodian Project Major Permit
See: Application # 3 d.
Install approximately 650' lineal feet of concrete slab walkway and dock. Main dock will
have ten (10) slips. There will only be 25' - 35' foot boats moored there and there will be
no live - aboards or overnight transient dockage.
Dock will begin on the eastern corner of lot #9 and come across the edges of lots # 10,
# 13 and exit land on # 14. From there the walkway will be / /-i'L x 5' W. At the / / 0
foot point the dock will make a ninety (90) degree turn to the right and proceed 86' L x 5'
W. There will be four (4) 20' L x 5' W finger piers. Eleven (11) mooring piles will be set,
as indicated on drawing thirty (30') feet from the docks.
A Pool & Club house will be constructed. Five (5) culverts will be installed in road
system.
FED
Morehead City DCM
Form DCNI-W-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
9 A Stormwater Certification, if one is necessary
° A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that sudr owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name 11E0J2Y V F-X* ZE2
Address tit c
Phone v95 a -aIV4 - mG?4P

Name ?Plt,4a,M GtD cPI-A-N
Address (94a•tn azwr- ^Jc-
Phone 2s v- - dt f9' a'87

Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
S'W 7 6) s-,0,7 a-1
tOAMI./ - 9,066 - 00 to
• A check made payable to the Department of
Environment, Health, and Natural Resources
CDEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - I to
10) If the project involves the expenditure of public
funds or use of public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON L kND
I understand that any permit issued in respowse to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained ii the permit.
I certify that to the best of my knowledge, the proposed
activity-complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a mariner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the J? day of (`?'
Prim Name -??n,e ??-
Signature
%ner or Awhorl;ed Ageru
Please indicate attachments pertaining to your proposed
proj ect.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
? DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
_ DCM W-6 Marina Development
NOTE: Please sign and date each atracivrent in the
space pro e bovf ac? v
Morehead City uCa'?Vl
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development
Permit, Form DCM-MP-I. Be sure to complete all Permit may also require a Stormwater Certification.
other sections of the Joint Application that relate to this Has a site development plan been submitted to the
proposed project. Division of Environmental Management for review?
Yes No
a. Type and number of buildings, facilitiesunits or If yes, da a submitted
structures proposed ! R/k IT # Scv 7DSOgA i
_ SUE PG n-,&o o F i. Describe proposed method of sewage disposal.
4,oT3 ` /1f ^W/LL ,Qo0tDe {ctENeurt ?EPT7C 7-,g0JK5
b. Number of lots or parcels /3?,4 4C Z- 1. 75
j. Have the facilities described in Item i. above
c. Density (give the number of residential units and the received state or local approval? ` e=3
units per acre) /_,077S (Attach appropriate documentation)
/* VC _-) / -2- e • -Z Ac2ES
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. pon?a ,Qoc
3.3 4 uses
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? ? Yes No
If yes, date submitted 1 0 S
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
,q_5 I10 1g L T
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial /commercial effluent,
"wash down" and residential discharges).
Su 0, F?gce-:; Iu IoP rr,
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
P2l V,9 TZ:? tJ eLLs
m. Will water be impounded? ?Yes No
If yes, how many acres?
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? IJ/4
?6AZ60' b,,I+,U 7"20'Te cT
Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 11114?
Revised 03/95 400 copies of this public document were printed at a total cost of $7.00 or $ .02 per copy.
?,?
Applicant or Project Name
rqWEii
2?? Is
Signature
1
z. S 0!v '
Date
Moreheaa City DCM
-DEC-02-2004 THU 04:30 PM NC DIV OF COASTAL MONT , FAX NO. 4
1,orm DCN-J-MV 4
S--'T RUCTURES
(CuoslruOion within Public Trust Arms)
Artach this form to Joint Application for CAMA Major
Permit, Furm 0CM-M1'-1. Flo sure to complete all
other sections of the Joint Application which relate to
this Inoposed project.
Dock(s) and/or Picr(s)
(1) ,.,-•..- Commercial cnmrnunity ^ Private
(2) Number /
(3) Length .J_<V
(4) Width Lc ? Lr{._IrV4y_s
(5) Fingt;r Piers -- Yee No
(i) Number
(ii) Lenildl d
(iii) Width ___._,5"
(G) Platfnrm(s) YeS Nu
(i) Nttnth?r
i
(iii) width
(7) Number of slips 1)roposed
(R) i'roiimity of structure to adjacent riparian
property IinesSO "Em AApvir,4- / ?Fm Sou?I
(9) Widilt of water body 7/0 _ 11
(10) Wafer depth at w te(ward end of pier at
ML.W or NWL_ _
ft7;tlhouse inclutlin;; Wverm lifts)
(1) P/4-- Cornmerc'al M A Private
('2) Length ?
(3) Width ?T
c. Groin (e.g. vvond, shcLtp'l0, etc.)
(1) Numher
(2) Length(s)
d. Ilrealc,waler (e.g, wood, s lc;eipile, etc.)
(2) Average distance from MHW, NWL or
W..nhnds
(3) ti1:1ximum distance b-,yond M11W, NWL nr
P. 08
e. Mooring buoys
(1) X2. Commercial Community A?4 Private
(2) Number P11'r
(3) DtSCriptlon of buoy
(Color, i potion, size, anchor, et:.)
PI-
(4) Width of water body
(5) Dist.anca buoy(s) to be placed beyond
shoreline
f. Mooring; struclur4 !hoalh(r. mooring pilings, e(c.)
(1) _ Cummerclin, "'Community _L/frivata
(2) Number
7-
(3) Length 25
(4) Widdi /0 " Q
-
9. Other (Give m,rle•re descr* ri )
Oz/ 4,)
ApplicAnt Pro' t N=e
SSgMI rt
R 3Qz9U,7zP
it )
E F ') j ;' I !-: i
Morehead City D:-A 1
DEC-02-2004 THU 04:30 PM NO DIV OF COASTAL MGMNT FAX NO. 4 P. 09
Form DCPA-MP-s
BRIDGES AND
CULVER,i,S
Artach this form to Joint Application for CAMA Major
Permit, Form DCM-MY-1. Jae sure to complete all
oilier sections of the Joint Application that relate to this
propns,xd project.
X. I?ItII?GI?,S
a. Public Private /V14-
b. Typo of bridga (construction material)
(4) Will all, or a part of, the existing culvert be
removed? (Explain) )p/1-
g. Length of proposed bridge /)/?
h. Width of proposed bridge A1141"
i. Height of proposed bridgelabovc wetlands
j. Will the proposed bridge affect existing water flow?
jL g Yes .N No
If yes, explain . /yAl
c. Water body to be crossed b bridge
Water depth It the proPose.kl crossing at MLW or
NWL
Will proposed bridge replace an existing bridge?
_A?A_ Yes -'V No
If yc;,
(l) U?nglh of existing bridge /JA_
M Width of existing bridle A,1A
(3) Navigation clearance underneath existing
bridge _.
0) Will all, or a part of, the existing bridge be
removed? (Explain) _ L)-A
k, Navigation clearance underneath proposed bridge
--- N R__
Will the proposed bridge affect navigation by
reducing or increasing A existiub navigable
opening? A)k Yes No
If yes, explain /V 14
m. Will the proposed bridge cross wetlands containing
no navigable waters? i4- Yes M No
If yes, explain /V,
Will proposed bridge replace an existing culvert(s)?
Ycs P/3` No
If yeti,
(1) Leng h of existing culvert A
n.
(2) Width of existing culvert -Aj_,1T7
(3) Height of the tol> of the existing culvert above
the MIiW or N'wI, AV*
Have you contact Rq concern
ing their appp ? I
Ycs i9' If yes, please provid cord -of their ac ipn n
Morehead City DCM
DiC-02=2004 THU 04.30 PM NC DIV OF COASTAL MGMNT FAX NO. 4 P. 10
Yorm DCNI-N,111-5
2. CUL,'VER Y'S
j. Will the proposed culvert affect existing navigation
potential? 64 Yes ? No
If yes, explain Pl ?
a. Water body in which culvert is to be placed
b. Numbor of culvorts proposed
c. Type of culvert (consintction rnatecial, style)
PVC /,OL"77c-
Wilt proposed culvert replace wi existing bridge?
_ Yc.s ?.?_ :.-No
if yes,
(1) Length of existing bridge A-M
(2) Width of existing bridge
(3) Navigation clearance underneath existing
bridge AM-
(•t) Will all, or a part of, the existing bridge be
removed? (Explain)
c. Will oroposed cylve.rt replace an existing culvert?
Ycs ? " No
If yeti,
(1) 1_CnPth of existing, Culvert
(2) Width of existing culvert _ luk
(3) Height of the top of the existing culvert above
lice MIIW or NWI- ___ _ _ltlq
(4) Will all, or a part of, the existinY culvert be
removed?,(Explain) . A)
I,cnhch of proposed culve(I 1 24-
Width of proposed culvert
h. Height of the top of the proposed culvert above the
NPIW or NWL )19-
Will the proposed culvert affect existing water flow?
- Yes tW- No
If yes, explain .._w
3. EXCAVATION AND FML
a. Will the placement of the proposed bridge or culvert
require any exCavatipn below the i'yMHW or NWL?
Yes ? No
if yes,
(1) Length of area to be excavated N14
(2) Width of area to be excavated M 4
(3) Depth of area to be excavated nJ /1
(4) Amount of material to be excavated in cubic
yards N onJL5
Will the placement of the proposed bridge or culvert
require any excavation within:
/Coastal Wetlands ?SAvs A®Other Wetlands
if yes,
(1) Length of area to be excavated N
(2) Width of area to be excavated
(3) Amount of material to be?xcavatcd in cubic
yards /A) ---
Will the placement of the proposed bridge or culvert
requite any highoround excavation?
- Yes No
1f yes, r
(1) Length of area to be excavated
(2) Width of area to be cxcavat?,-d 4- r
(3) Amount of material to be excavated in cubic
yards 17 7 ?? Yes e-q A. reERT
If the placement of the bridge or culvert involves
any excavation, please complete the following;
(1) Location of the sNi1 disposal area (2) Dimensions of spoil disposal area
,S-- 4?c2a
(3) Do you claim title to the disposal areal?
., 'Yes • No "
If no, a tin pennission from
the ow f
Re-&d o?;?: Morehead C.1h, ,,????
FAX
VDEC-02-2004 THU 04:31 PM NC DIV OF COASTAL HGHNT NO. 4 P. I1
Forltt DCNI•iVIP-5
(4) Will the disposal area be available for future
maintenance? , Yes ?' No
(5) Does the disposal area include any coastal
wctlggds (marsh), SAVs, or other wetlands?
Yes ? No
If yes, give dimensions if different from (2)
above. _ iv /}-
(G) Does the dis_posal area include any area below
the NIIIW or NWL? Yes o
1f yes, give dimension if different from No. 2
above. IV 4
Will the placement Of the proposed bridge or culvert
,result in any fill (other than cxc3v3(er1 material
cle.?crihed in Item d. above) to be placed below
Nil-11V or N WL? LL Yes _r'1Go
IP yes,
(1) I..cileth of area to be filled
(2) Width of area to be filled AM
(3) Purpose of fill
Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed within;
/Coastal Wetlands _A1V SAVs/-* ether Wetlands
It Yes,
(1) Lengdt of area to be filled AIR
(2) Width of area to h4 filled
(3) Purposa of fill P
g. Will die placement of the proposed bridge or culvert
result in any fill (other than excavated material
described ill I(cm d. above) to be placed on
highground? _ .`e Ye, No
if yo,
(1) Lenbdt of area to be filled _ a q?E
(2) Widili of are,1 to be filled
(3) Purpose of till L` w[ z
4. GENERAL
Will the Proposal project involve any mitivation?
Yes 1! No
If yes, explain in detail
b. Will the proposed project require the relocatioa of
any existing utility lines? _ Yes ?o
If yes, explain in detail N?3
C. Will tho proposed project require the construction of
any temporary detour structures?
& Yes /)A' No
If yes, explain in detail AhT
d. Will the proposed project r?uira any work
channels? . Yes
1f yes, complete Form DCLt-MP-2
e. How will excavated or fill material be kept on site
and erosion controlled?
COMO ?l ,v CE EgoSi?? w6?1
-Elf
f. What type of construction equipment will be used
(for example, dragline, backhoe or hydraulic
dredge)?
?,q U ?vE ,8? o
Will wetlands be crossed in transnrtMing equipment
to project site? st yes Y--- 'No
If yes, explain steps that will be taken to lessen
environmental impacts.
h. Will the placement of the proposed bridga or culvert
require nny shorgline st ilization?
Yes No
If yes, explain in datail _ /,),4
%,a oD ifi-xJ 7,e urcl-
Appt'xsnt or Pro' t Name
Slglullu
bate
2 Pa v;.,,l (pz Morehead City DCM

Bobby Cahoon Construction
52 Brinson Drive
Grantsboro, NC 28529
Phone [phone]*Fax [phone]
November 16, 2005
I, Paul Slobodian, do hereby authorize Bobby Cahoon Marine Construction, dba Bobby Cahoon
Construction to obtain any and all necessary state and local permits for the purpose of building
dock on my development property; Baird Creek Point off Bennett Neck Road.
7Z, C?S?- I
Paul Slobodian
r=!- - r,,-.Zo
!!=?.u 7
Morehead City DCM
B oro
•' Dickers Olympia 55
1 Reelsb G
Woodrow
ridget
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17 Ne fn
70
otts Store
James City
t 'S Fairfield Harbour
Granthams
= Northwest Creek
rice Creek
I;
Goose Creek o
Thurman
i Neuse River ( TV
K a h Ara oe
' I! 1
e rd Creek
70 \ Dawson Creek
Ila, `
306 Cash Corner Number
iverdale Neuse River Janeiro
i
70 Flanner Beach
i
Trele Atlas N se River. Camf2 mil Lee
---------- -- ---- -- - GPS Map Detail -;
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A~ ~ T L26 o LINE TABLE LINE TABLE
1 LEGEND L26 ° sp _ ~ ~ I ~ SR 1102 LINE BEARING LENGTH LINE BEARING LENGTH ,COSE CPEEx RD Li X59'14'00"E 75.00' L21 $33'18'58°W 52.29'
CURVE TABLE ~ ( ~ I ~~4 ~ -5 ~ G EIP EwST1NG IRON PIPE CURVE RADIUS LENGTH BEARING CHORD siP sR 1pD~ L2 859'14'00"E 16.10' L22 805'34'09"E 108,36' ~ NEU, L3 584'58'50"E 29.29' L23 525'04'37"W 108.86'
(D EIR EXISTING IRON ROD C1 475.00' 40.34' N34'39'33"W 40.33 ~ ~ ~ ~ ~i "EgD ~ ~ L4 N82'08'43°E 33.41' L24 845'46'59"W 95.95'
AXLE C2 475.00' 41.17 N29'44'3.5°W 41.76' 9 ' EIA EXISTING ~ ~Z~~' ` C3 325.00' 111.90' N3T0T2G'W 111,35' stP° it~~~ ~i ` L5 N82'OS'43"E 20.84' L25 521'24'57"W 91.76'
G ECM EXISTING CONC MONUMENT C4 325.00' 236.89' N6T52'OS"W 231.68' ~~~~55 C3a L41 ~ SIP SET IRON PIPE CS 725.G0' 19.60' N89'31'2'9"W 19.60' l39 LLO , SR 111 aG{ RD L6 S84'42'42"E 55,93' L26 N72'S4'00"E 63.24' ,ENNf~4 BE' L7 N50'18'15"E 66.13' L27 N72'S4'00"E 1165' h
: NPS NO POINT SET C6 725.00' 162.44' S83'16'5G"W 162.10' ~1 ~ ~ ~ \ ' RED LNG L8 866'06'28°E 47.10' L28 N72'S4'00"E 25.iD' ~ LAND L9 S28'23'10"E 286.53' L29 S4T59'34"E 91.95'
R 'W RIGHT OF WAY C7 725.00' 207.09' S68'40'5C1"W 206,39' ~ Q ~0' J ~32 ` ' ~;,3 ~ i SITE L10 828'23'10"E 89.26' L30 84759'34"E 91.33' m,`; L11 861'88'34"E 171.94' L31 54759'34"E 0.99'
MBL MINIMUM BUILDING LINE CS 35.00' 29.44' 536'24'09"W 2858' A '4 C9 55.00' 78.53' S53'15'52"W 72.10' ° srP 0 1 1 ~ L12 850'16'37"E 109.79' L32 S73'3T08"E 64,19'
911 911 ADDRESS a~ ? f3 ~ ~ ~ ' Cci~ ' RIPARIAN BUFFER ~5~. P p CONE i 30 ~ 1 m~ L13 845'86'25°W 53.88' L33 N81'O6'i6"E 64.89' ~ L34 N81'O6'i6"E 97.05' L14 813'22 ~3 N 53.96'
i:. ZONE 2 20' RIPARIAN BUFFER ~P ~~'e`cw~~ ° W L15 821'80'04"W 85.21' L35 N60'21'13"E 104.64'
AEC AREA OF ENVIRONMENTAL CONCERN 10' BOARDWALK ACCESS L;ND UTILITY ESMT } ~ L16 S01'13'O6°W 127.45' L36 S4T59'34"E 90.58' o L17 810'08'44"W ~ 58.12' L37 84759'34"E 85.43'
Ecra (NOT TO SC,^^_LE) e L18 801'50'51"W 94.88' L38 873'3708°E 2.75' Ri, ~ L19 S13'20'04"W 64.38' L39 S73'3TOS"E 56,92'
Fl{r-------------~ { r r '2. L20 535'41'41"W 127,54' L40 N81'06'i6°E 70.61'
li 1 ~ I L41 N81'06'i6"E 87.26'
x' I 1 VICINITY S~(ETCH L4z N6o'2r13"E 1D2.ao' L43 N29'38'47"W 216.81'
4 I ~ 4t I I NOT TO SCALE} Loa N2s•3s'a7"w 10.00' L45 N29'38'47°W 59.72'
~i'IINSET Nl° GANUS C / N.T.S. SIN B 165 PG 383 \ c -4,8
/ .1~ D
/ I 1 Q1~ PC A SL 137-14 } 1r EIP I gp 1 ~Ilm TAX ID: E08-1-1 \ \ _,q, 2
I ~ I n, CLAH -4S ~ I -4.0
1 S88'4037'E ~ t \ ~•L~i'3'3 \ 5.38' (11E) I 1 ~ A DB 290 PG 23 - {EIP to SIP) I / ~ I \ i
1~ ~ II \ TAX ID: E08-5 -5,0 i ' ~ ~aa vR ~ -d.l -4,4 l
. ~ _ 5P 589'4402"E gP 589 4 OZ --'a--------------- J
EIP -----311J2'(?E)----- 435.2f' °S5, ~['C~ N82°13'00"E ~O• ~ 70,68' 2CNE X ` ~ '~i 2CNE X I~~e ~ j~>v ii ~ l -4 ~CtL
) w /92 ~ 17~°`4'00"E i'JINSET I N j GANUS o- 2~, F N_ ZONE AE ~ ~
~ ` ~ m - ~ FUTURE ~ , E1p ~C 100.00' N.LS. ^Ilo DB 195 PG 318 a ~ G ' • ~ , ~
~ ~ ~ N TAX ID: E08 2 DEVELOPMENT O ~~C M~,"3.;'30"` / ~ m o U5,L3' ~ 5p 1 " ~+j S ~ 5P ( cur 1 ~8 / ~ v _ ~ iN sv _-~~~~1,\ 1'6 ?L3L4L'' / X3,8 -4,0 _
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~ 8=N03 25 56"W ~1 \ ~ ~ W6 f D N{ :'i , d CH=JJ3.5J' ~ 1 ~ I lY .E ~ ~ 136~/E 'E" ; o ol. 122,357.x.4 SF ~~61 1. . -.ZONE X rn o~/~ 2,809 AC Z,jW ; gpago4.0
r ~b 5 N ~ : i ~ ~ ~ I - 1 . 7 7 -.ZONE X I'~,y I ~ Sl4y yid " 1~1, 99393.193 F . J-,.286.9 ~ ri Y ry - 6Aa ~ y _ y -4,6
'~P~) ~3 ~ I io'x7o' sor ~ _ ~ \ as,m~. .d6 2~5ti 2282 AC ~_.r/~, '"'~~~..5 ~ y ° ? ~~'/Np\ \ 263 I O a; ' 107,237.759 SF f3 1 i' ~`-~--„w ~~R~q -6.2
u ~ S ( g I ,G ,ryh 2462 AC ~6 107,237.759 SF ~ 3 J i qk a 24fi2 AC ~ ; re ~o - ~ ~ ~
1 I 'v 86,485.412 SF p~ ~ti w ~ , - ~ ~5~, ? _ y~~~ ~ 1.965 AC h`6 1 1- ~ \ d , '~u ? h 411 m \ \ _ r.
~ b°j v / ? 4.6 Cq
v I a ~ FUTURE ~ \ o ,y. ~p ,y~M,'/ . c o s ~ ` I 315 4 357 ~'I• ti6 /r / m ) 0 DEVELOPMENT 1 ~ ~ c ~'F. ~ 0 ~t~hy~ n ~ 157 a~~~ti6 7' y T j ~
FIR ~ ~ L ) ,i Z~ ~ 0~~g5'y' ~ / ~ ~7
\ 1 i 0 0 //mar, i i i h i C1 ~.cA6 i~ / _ ~
OWNER/DEVELOPE,R ...PAUL SLOPODIAN I ~ ~ ~ / \ i tit ~ ~ ! ~ gCNE . ~ . ~
A BURN ROAD ~ I ~ I C<..`~-- ry " $.f ' / ~ 101CHL VESTAL, NY 13850 I ~I w ~ pp ~ \ , ~~1 ~ 5~ C6 _ / ~ _
~ o ~ / ~d NUMBER OF LOTS:. N n ~ . .6 x ` / (a AO \ -fJd~ - _ ~ I- _ Jz ` ~ ~ ~ M\ <
ACREAGE OF DEVELOPMENT , ..13,194 AC o m ~ 1 ~ ' ~ U@(l0 I~jr1, ACREAGE OF LOTS:.. , , , . , 13.194 AC ~ I N N _ ~ ~ Sp. t, 'a. ~ ~ r ~ _
AREA OFR/W:.,,,,•....O,000AC v 1 9 TS . , .....0.000 LF p I d° ` ~ ~>Lwos ~ ~ , LENGTH OF STREE
1 ScC~~l9~'~ - t'~.~~ I I!
1. MINIMUM BUILDING LIMITS UNLESS OTHERWISE NOTED: 0~ 8 9 ~ . i I' 7 11. ~ ~ d I I ~ I
A. MINIMUM FRONT YARD SETBACK IS 30' ' ok 9 (r JsSS• ~ FUTURE B. MINIMUM SIDE YARD SETBACK IS 10' Or4(~ ~ DEVELOPMENT I I
C. MINIMUM REAR YARD SETBACK IS 15' I D. MINIMUM FRONT YARD SETBACK FOR LOTS LOCATED I I r. 1. i ! , ~ \I ~ /
IN A CUL-DE-SAC SHALL BE WHERE THE LOT WDTH IS 60' OR 3D' FROM THE RIGHT-OF-WAY
WHICHEVER IS GREATER 1 < ~ ~ y\ do
NTAIN A 10' DRAINAGE AND UTILITY ~ t• 2. ALL LOTS WILL CO Ii~N1tY1~ CfMfl EASEMENT, CENTERED ALONG SIDE LOT LINES AND A y~i~.a ~~r~ ~'rz~~~ .~v CfMfTARY \ ~ ! 1 'v 200 100 0 200 400
10' EASEMENT ALONG ALL ROAD RIGHTS-OF-WAYS. ~ ~ti I•~f~~ a~ z0e 13' EtP "•ss ,;n. ~ an EIR OFF JN£ ' ~ r r \
RVED BY WELL WATER ANO INDIVIDUAL 3. EACH LOT WILL BE SE N81°49'>3„N 51L56' 69' 1S~P 177.6 I ts~a - ~1 I I
SEPTIC SYSTEMS. ' ~ 717. (rarALJ 1 17zs1' ~ N1 I Icy SCALE: 1 = 200' dR~ ~ \ 'fir IL {Intl
RT10N OF THIS PROPERTY IS LOCATED IN A SPECIAL ~ aR 4.APO FLOOD HAZARD AREA (ZONE AE) AS PER FIRM MAP 3720642600) ~~V A ~ ~ 1T~
EFFECTIVE JULY 2, 2004. FLDOD LINES SCALED AS SHcW1V ON _ s v FIRM MAP. . tis a? ~ ~ ~ A ~ / 1p2~ W
5. SEE MAP TITLED "WETLANDS DELINIATION FOR BAIRD CREEK ~ r ~ ~ ti~ ~ - NAL PLAT - i FI
POINT SU8DIV1510N" FOR LOCATION OF WETLANDS, DRAWN BY ' I1,,~ u6 J92 PG 619 ~ KENOALI E. GASKINS, PLS., JULY 2005. m ° A PC A SL 137-14 ~ ~ ri,
TTY AREA FOR PUBLIC USE. TAX ID: E08-1-3 6. LOT 1 IS RESERVED AS A COMMUN . Cv'hiA i po 2g / ~ ~
t r s9 ~ T .i~.~. - ~ ~ ,Z, ~ , , Q< PHASE I SECTION ,
ZONE X ~ ^ ZONE X ZONE AE ~ ~ J / ' 1 ~ FOR
REGISTER OF DEEDS V ~ COASTAL ~ PIVOT ~i~
MENT LLC
STATE OF NORTH CAROLINA ~ COUNTY OF PAMLICO DEVELOP
FILED FOR REGISTRATDN AT AM/PM O'CLOCK DESCRIPTION FOR THIS TRACT IS FOUND
THIS _ DAY OF 2005. I HEREBY CERTIFY THAT THIS SUEDIV1510N CONFORMS TO THE ~ & IN DEED BOOK 1'73 P~'7.,,
STANDARDS OF THE NORTH CARC.INA COASTAL MANAGEMENT 4 PLAT CABINET A, SLI~F~ .1'7.3-~
PLAT CABINET SLIDE ~ ACT OF 1974 AND A PORTION(S) OR ALL OF THE SUBDIVISION THE PAMLJCO COUNTY BOARD OF COMMISSIONERS HEREBY APPROVES THE , 31 r1 _ ~ I SECTION II. T,~ S FINAL PLAT FOR TAE BAIRO CREEK POIN, SUBDIVISION, PHASE TO yyTNSHtP~ T
CERTIFY THAT THIS SURVEY CREATES A LOCATED WITHIN ANY AREA OF EVIRONMENTAL CONERN IS I, KENDALL E. GASKINS SUE H WHITFDRD DULY NOTED AT THE APPROPRIAT= LOCATION ON THIS PLAT. SUBDIVISION OF LAND WITHIN THE ARER OF A COUNTY OR MUNICIPALITY N0. 5
THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND, / REGISTER OF DEEDS/ASSISTANT/DEPUTY LOCAL PERMIT OfFICER TY= _ PAMLICD COUN ~ ~ ~
l~ _ DA'E NORTH CAROLINA
KENDALL E, GASKINS L-3824 CH;.,RMAN, PAMLICD COUNTY APRIL 11 (.i[JOcJ"'° ~ s 1'
BO.,P.D OF COMMISSIONERS ~ " » ~ RDPERTY SCALE 1 = 200
KENOALL E. GASKINS ,CERTIFY THAT THIS PLAT WAS DRAWN UNDER INA 1 (WE) CERTIFY THAT I (WE ARE) AM THE OWNER(S) OF THE PROPERTY I, ~E STATE OF NORTH CAROL SHOWN AND DESCRIBED HEREON, AND THAT I (WE) HEREBY ADOPT THIS PLAN MY SUPERVISION(DEEO DESCRIPTION RECORDED IN BOOK OPT THIS PLAN MINIMUM
NOTES ;THAT THE BOUNDARIES NOT OF SUBDIVISION WITH MY (O TR) A''~ STREETSN ALLEY56 WALKS, PARKS,UAND PAGE --)(OTHER COUNTY OF PAMLICO BUILDING LINES, AND DEDICA E PARKS, AND SHOWN ON THE PAMLICD COUNTY PLANNING BOARD HEREBY APPROVES THE FINAL Tj l l as]rlns PLS L-3824
SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND PRIVATE USE AS NDTED.I (WE) k'_SO CERTIFY THAT THE LAND SHOWN ON IN BOOK NA ,PAGE NA :THAT THE RATIO OF PRECISION AS I , RL--VIEW OFFICER OF PAMLICO COUNTY, CERTIFY THIS PLAT FALLS WITHIN THE SUF~IVISION JURISDICTION OF PAMLICO COUNTY. INSION PHASE I, SECTION II Kendall E ~.7 Y~ f MLICO COUNTY, PLAT FOR THE BA~RO CREEK POINT SUBO ,
CALCULATED IS 1; 10.000+: THAT THIS PLAT WAS PREPARED IN ACCORDANCE LAND SURVEYING
S MY ORIGINAL SIGNATURE, THAT THE MAP OR PLAT TO WHICH THIS CERIIFlCATION IS AFFIXED TO WITH G, S. 47-30 AS AMMENDED. WITNES MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. REGISTRATION NUMBER AND SEAL THIS 7TH DAY OF SEPTEMBER, A.D„ 20A • pqh 01NER - oaTE 8162 Main Street
k' ~ _ Vanceboro, NC 28586 - ChAIRMAN, PLANNING 90AR0 Ph One; 252-244-599
CI A VN R REVIEW OFFICER D TE 0 E KENDALL E. GASKINS -3824 Fax: [phone]
e
"d2rc~m1'~,911°nd Pra~ds 2004?Paul 9°d°d~~°n, Beard Creek lantlfngAdwg~9aird Creek Point, Sec I Phase _.2 ivq, N ~ ~
'~ti5~d5 A!A