20050069 Ver 1_Complete File_20050113

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 28, 2005
Edward J. Bilicki & Rainell L. Bilicki
c/o Carol Wright
PO Box 71
Oriental, NC 28571
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-0069
Pamlico County
Subject Property: 7011 Fairwinds Drive (lot 11), Oriental, NC 28571
Otter Creek [03-04-10, 27-108, SC SW NSW (nutrient sensitive)]
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pmnlico
Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the
Coastal Counties as defined by the Coastal Area 111'anagement Act with Additional Conditions
Dear Mr. & Mrs. Bilicki:
You have our approval, in accordance with the conditions listed below, to impact approximately 825
square feet (fe) of Zone 2 of the protected riparian buffers for the purpose of constructing a residential
dwelling on the subject property as described within your application dated January 12, 2005 and all
additional information submitted and received on March 18, 2005. This letter shall act as your approval
for the use of the "General" Major Variance; From the Neuse and Tar-Pamlico Riparian Buffer Rules for
the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by the
Coastal Area Management Act with ADDITIONAL CONDITIONS as approved by the Water Quality
Committee (WQC) of the Environmental Management Commission (EMC) on May 10, 2001. In
addition, you should get any other required federal, state or local permits before you proceed with your
project including (but not limited to) Sediment and Erosion Control and CAMA permits. This approval
shall expire when the variance expires on April 11, 2006 unless the variance is renewed before that time
by the EMC.
This approval is for the purpose and design that you described in your variance request. If you change
your project, you must notify us and you may be required to send us a new request for approval. If the
property is sold, the new owner must be given a copy of this approval and is thereby responsible for
complying with all conditions. This approval requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
1. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401NVetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
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: http://h2o.enr.state.nc.us/ncwetlands
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Page 2 of 2
3/28/05
2. Diffuse Flow
All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-erosive
velocities prior to entering the protected riparian buffers as identified within 15A NCAC 213
.0233(5). No new ditching or piping of stormwater through the protected buffers is allowed.
3. Protective Fencing
The outside buffer boundary and along the construction corridor within this boundary approved under this
authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for
the areas that have been approved to infringe within the buffer prior to any land disturbing activities to
ensure compliance with 15A NCAC 213 .0233.
4. No Impacts to Zone 1
No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities designated as
"exempt" within 15A NCAC 02B .0233), unless otherwise approved by the DWQ.
If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This approval and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer
Protection Rules (15A NCAC 213 .0233 (9)(b)). Please call Ms. Deborah Edwards at 919-733-9502 or
Tom Steffens at 252-946-6481 if you have any questions or require copies of our rules or procedural
materials.
AW Kldae
Enclosures: Coastal General Variance
Certificate of Completion
Sincerely,
r Alan W. Klimek, P.E.
cc: Tom Steffens, DWQ Washington Regional Office
DCM Washington District Office
File Copy
Central Files
Filename: 050069Bilicki(Pamlico)GMV
imap://[e-mail]:143/...
Subject: (no subject)
From: Tom Steffens <[e-mail]>
Date: Mon, 21 Mar 2005 07:26:43 -0500
To: Debbie Edwards <[e-mail]>
Debbie,
I got the response for the Bilicki variance. Issue.
thanks
toms
1 of 1 3/28/2005 10:31 Ah1
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Memorandum FC?[90W[91
MAR 2 1 2005
To: Cyndi Karoly - 401 Oversight/Express Permitting unit ti?? -WATER QUALITY
R.l1dCH
Cc: Tom Steffens - DWQ Washington Regional Office
From: Carol Wright, Oriental Buyers' Broker
Date: 3-17-05
Re: 7011 Fairwinds Drive - Lot 11 - Oriental, NC DWQ # 05-0069 - Bilicki
am in receipt of your request for additional information as outlined in your letter of
February 28, 2005, which was not received until 3-7-05. Each of your 4 items are
addressed below and are supported by the attached documentation. The owners
of this property are eager to begin construction so I am requesting that
consideration be given to processing this in a timely manner.
1. Area of impact has been recalculated to be 825 square feet. Please keep in
mind that not all 825 square feet will be impervious as the house plans are still in
the design process and much of this 825 square foot area will be a raised deck and
not a foundation for the house. (See attached drawing for calculation)
2. There are not wetlands on the lot. Your reference to the scale map is
confusing, but it is assumed you are referring to the site plan, attached again for
your reference. The appearance of the "marsh like" symbols in Zone 1 are not
indicating marsh. If you will refer to the note #8 on the survey and highlighted in
yellow you will see the surveyors note stating "This property was examined by Ted
Tyndall of the N.C. Department of Coastal Management, No coastal wetlands exist
on the property." I trust that this satisfies this item.
3. On-site storm water management plan for dealing with run off from gutters is as
follows: (a)Rainwater run off from the roof will be handled by gutters with French
drains around the house in the areas where impact occurs in zone 2. The water
will be directed via gutter downspouts into a catch basin to a continuous French
drain consisting of a trench with gravel, a 4" drain tile and then covered over with
MAILING ADDRESS: P.O. BOX 71, ORIENTAL, NC 28571
STREET ADDRESS: 502 HODGES STREET, SUITE 1, ORIENTAL, NC 28571
BUSINESS: [phone] ) FAX: [phone] a MOBILE: [phone]
EMAIL: carolwrightOorientolbuyersbroker.com j WEB: www.orientalbuyersbroker.com
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dirt. (b) All other roof drainage from the house will be handled via downspouts with
splash blocks which will diffuse the flow of water from the gutters. Foundation
plantings around the home will further diffuse water run off.
4. The proof for showing this property was platted and recorded prior to August 1,
2000 is contained in the two attached documents briefly described as follows:
(a) A DEHNR letter dated October 20, 1997 to Bernard Hollowell regarding the
CAMA conversation zone clearly states that DEHNR agrees that this neighborhood
was platted and approved on 7-14-1997 and is therefore even exempt from the 75'
CAMA line.
(b)ln addition, copies of the recorded Declaration of Restrictions for Fairwinds are
attached showing they were recorded on 11-2-97 and reference the recorded map
dated July 13, 1987. Reference highlighted sections.
Faxed copies of this letter and all documentation was sent to both the Raleigh and
Washington office on 3-18-05. Please let me know if you require further
information, otherwise we would appreciate receiving approval to begin
construction as soon as possible.
Qr yr..IC
\O? 9oG 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
February 28, 2005
DWQ Project # 05-0069
Pamlico County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Edward J.& Rainell L. Bilicki
C/O Carol Wright
PO Box 71
Oriental, NC 28571
Subject Property: 7011 Fairwinds Dr. (lot 11), Oriental, NC 28571
Otter Creek [03-04-10, 27-108, SC SW NSW (nutrient sensitive)]
REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. & Mrs. Bilicki:
On January 13, 2005, the Division of Water Quality (DWQ) Wetlands/401 Unit received your variance
request dated January 12, 2005. The DWQ has determined that your project is eligible for the use of the
"General" Major Variance From the Neuse and Tar-Pamlico Riparian Buffer Rules for residential
structures on existing lots within the coastal counties as defined by the Coastal Area Management Act,
Approved 51912001. However, the DWQ needs additional information in order to complete the approval
process of your variance. Therefore, unless additional information is provided as described below, we
will have to move toward denial of your request per 15A NCAC 213 .0233(9) and will place this project
on hold as incomplete until we receive this additional information. Specifically:
Additional Information Requested:
1. The application requests impacts to 650 square feet of impacts to Zone 2 of the riparian buffer
however, the scaled map provided illustrates impacts closer to 900 square feet. Please provide the
area (in square feet) of any impervious surfaces (i.e., home, deck, etc.) that are proposed within the
protected buffers.
2. Please note that the buffers apply to any coastal wetlands as defined by the NC Division of
Coastal Management and/or surface waters (whichever is most landward), the scaled map
provided indicates the possibility of wetlands within Zone 1 of the riparian buffer. Please provide
the location of the protected buffers on the property.
3. On-site stormwater management for run-off from any new impervious surfaces placed in the
buffer (e.g., house, garage, driveway, etc.) is required per Condition No. 9 of the "General"
Major Variance. Please provide information on how you intend to provide this stormwater
management. Below is a standard condition that if met can satisfy the stormwater management
condition. If you believe that you can meet this condition please let us know and will apply it to
your approval letter to satisfy Condition No. 9 of the "General" Major Variance.
401 Wetlands Certification 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:/fh2o.enr.state.nc.us/ncwetiands
NonthCarolina
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An Equal Opportunity/Affirmative Action Employer- 50°16 Recycled/101/. Post Consumer Paper
1Silicki
Page 2 of 2
2/28/05
Slormtivaler shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers as identified within 15A NCAC 2B .0233(5). Roof drainage front the house shall
be directed to vegetated areas at non-erosive velocities prior to entering the protected riparian
buffers. Any additional stormivater located on the remainder of the property shall be directed
as diffuse flow at non-erosive velocities prior to entering the protected riparian buffers. No
new ditching or piping of stormtivater through the protected buffers is allowed.
4. Condition No. 3 of the "General" Major Variance requires that the applicant must show that the
residential lot has been platted and recorded prior to August 1, 2000. Please provide the deed
to the subject property to ensure that this property is eligible for a "General" Major Variance.
Please respond in writing within three weeks of the date of this letter by sending a copy of this
information to me and Tom Steffens of the DWQ Washington Regional Office at [phone]. If we
do not hear from you in three weeks, we will assume that you no longer want to pursue this project and
we will consider the project as withdrawn. Please call Ms. Deborah Edwards of this office at (919) 733-
9502 if you have any questions.
Sincerely,
elf
Cyndi Karoly,
401 Oversight/Express Permitting Unit
CBK1dae
cc: Tom Steffens, DWQ Washington Regional Office
File Copy
Central Files
Filename: 050069Bilicki(Pamlico)GMV+hold
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1. SURVEYOR HAS MADE NO INDEPENDENT SEARCH OR INVES77GA77ON FOR
RIGHTS-OF-WAY OR EA55VENTS OF RECORD FOR STREE15r HIGHWAYS;
PUBLIC UM77ES NOR FOR ET/CUMBRANCM RESTRICTIVE COVENANTS,
OHNERSHIP, 717LE OR ANY OTHER FACTS THAT A CURRENT n7LE
SEARCH MAY DISCLOSE
2 PROPERTY IS SUBXCT TO LAND-USE AND WATERSHED LAWS AND
REGULATIONS OF PAMUCO COUNTY AND THE STATE OF NORTH
CAROLINA. COMPLIANCE HITH SUCH REGULA77ONS HAS NOT BEEN
CONSIDERED BY THIS SURVEY.
3 THIS PROPERTY LIES IN A FFWA DESIGNATED -ZONE A5 (EL B)' AS
SHOlW ON FIRM 370279 0001 D DATED DECEMOER 4, 1985
4, THIS SURVEY PLAT DOES NOT CREATE A SUBDINS701V
5. ALL DISTANCES ARE HORIZONTAL
* IRON ROD WTH CAP SET AT CORNERS UNLESS 07HERIUSE NOTED.
7. AREA BY COORDINATES
* THIS PROPERTY WAS E1'.WWED BY TED TYNDALL OF THE N.C.
DEPARTMENT OF COASTAL MANAGaJENT, NO COASTAL 1:01 LIDS VOST
LiY THE PROPERTY.
9. SEP77C SYSTE! AS PER PERMIT BY PAMUCO COUNTY HEALTH
DEPARTMENT DATED 02125104,
MEAN HIGH WATER MEANDER LINE
IS PROPERTY LINE
APPROXIMATE
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WATER LINE
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LOT 12
PROPERTY OF
JAMES A. HORTON
TAX ID: 1092-14-12
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50' RIPARIAN BUFFER= "EAR. ?
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PROPERTY OF
KENNETH R. NUBENT
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TAX /D: 1092-14-10
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
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James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schoctvr, Director
October 20, 1997
Mr. Bernard B. Hollowell, Jr.
Hollowell & Hollowell, Attorneys at Law
203 Main St.
Bayboro, NC 28515
Dear Mr. Hollowell:

This' correspondence is in response to your letter of September 9, 1997, requesting a
clarification of CAMA setback requirements, in Pairwinds Subdivision, near Oriental, in Pamlico
County. It also serves as a follow up to our later telephone conversation.
As you are aware, the Pamlico County 1992 Land Use-Plan as amended establishes a
permanent conservation zone within seventy-five (75) fret of the natural mean high water level for
all shorelines bordering estuarine waters and public trust waters. This policy does = apply to
land approved by rile Pamlico County Board of ConuWssioners for subdivision before January 26,
1990, regardless of use. And as I stated during our telephone conversation, I shared the
information that you provided to me with Ms. Mary Dee Carraway, our representative in the
Attorney General's office. It is our understanding that the subdivision received preliminary
approval from the Pamlico County Planning Board on September 28, 1987, and final approval on
July 14, 1997, but under the 1987 ordinance. Therefore it is our opinion that the subdivision not
be subject to the 75' permanent conservation zone established for "new" subdivisions.
I appreciate your client's concern and efforts to comply with the permit retluiretncuts of
this Division. If you any other questions or I can be of further assistance. please call inc tit 919-
- - 8082808.
Sincerely,
Xed
M. Tcd Tyndall
Coastal Management Rcp.
CC., Charles Jorx5 - DCM, District Manager
Mary Dee Carraway, Attorney General's Office
Kathy Vinson - DCM, District Plattner
Adrp11ene r -.Pamlicpp Co. Planner
Hastron Plaze 11, ?, N?yhwry 24, orehead City NC 28667 TeWphona 912-DOtt-21300 Fax [phone]x0
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NORTH CAROLINA
PAMLICO COUNTY
Dock Yege
DECLARATION OF RESTRICTIONS 0328 0271
OF f1u5
fAm.ICO COUNTY EC
FAIRWINDS SUBDIVISION 11/21/97 10:51 AX
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JOYCE A.
Register Of Oeeds
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KNOW ALL MEN BY THESE PRESENTS, that JAMES ARLEN HORTON
and wife, FRANCES W. HORTON, of Clarkson, Pennsylvania,
hereinafter called "Declarants", do hereby covenant and agree to
and with all other persons,'firms.or corporations now owning or
hereafter acquiring as owners any lot or parcel of land in the
area designated or located in or near the Town of Oriental,
Pamlico County, North Carolina, known as Lots 1 through 15, as
shown on the map entitled PLAN OF FAIRWINDS SUBDIVISION, dated
July 13, 1987, and recorded in Plat Cabinet A, Slide 104-2 , of
the Pamlico County Registry; said lots are hereby subject to the
following covenants and restrictions and to the use thereof,
running with the land by whomsoever owned:
1. These covenants are to run with the land and shall
be binding on all parties and persons claiming under them until
January 1, 2007, at which time said covenants shall be
automAtically extended for successive periods of ten years unless
by vote of a majority of the then owners of the lots, it is
agreed to change said covenants in whole or in part.
2. If the parties hereto or any of them or their
heirs, successors, or assigns, shall violate or attempt to
violate any of the covenants herein, it shall be lawful for any
other person or persons owning any real property situated in said
development or subdivision to prosecute any proceeding at law or
in equity against the person or persons violating or attempting
to violate any such covenants and either to prevent him or them
from so doing or to recover damages or other dues for such
violation except the party of the first part is specifically
excluded from any liability for damages.
3. Invalidation of any one of these covenants by
judgment or court order shall in no way affect any other of the
provisions which shall remain in full force and effect.
4. No residential structures shall be erected, placed
or permitted to remain on any residential lot other than one
detached single family dwelling and other outbuildings incidental
to the residential or personal boating use of the plot
(including, but not limited to, boathouse, pier or dock). Said
residential structure shall have a minimum floor area of 1,500
square feet of which 150 feet may be a porch or deck. No
residence shall be started on any of the above-described lots
until the plans of such structure and the plot plan showing the
location of such structure has been approved by Declarants, their
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successors, heirs, assigns or designees. Such approval must be
in writing. Declarants shall alsgoohave t1f ight to approve any
agi
outbuildings or structures. 0328 0272
5. No building shall be located on any residential
building plot nearer than ten (10) feet from the adjacent lot
line and no building shall be located on any plot nearer than
thirty (30) feet from any adjoining street right-of-way.
6. None of the platted lots shall be reduced in size
by a subsequent purchaser in any manner except where they are
incorporated into other lots which would constitute an increase
in the overall size of the lot rather than a decrease in such
size.
7. Drainage and utility casements are reserved along
all lot lines ten (10) feet on each side where required by
Declarants. Drainage must be installed in a manner so as not to
unnecessarily detract from value and appearance of the property.
8. A homeowner's association shall be formed by the
lot owners in the subdivision. It may be a corporated or a non-
incorporated association, whichever is determined by a majority
vote of the members. It is intended that there be one vote per
lot regardless of the number of persons owning a particular lot.
A Board of Directors shall be elected by said association
consisting of five members. If at any time the association
becomes dissatisfied with such Board, then it may call for a vote
and elect a new Board to serve for a period of three years until
their successors are elected. The Board of Directors shall have
the following duties and powers:
(a) Approve boathouse, dock and pier plans and their
location.
(b) Approve any new boat slips.
(c) Cut weeds, remove rubbish, trash, debris or other
undesirable matter in order to protect the safety and health of
adjoining property owners, after notice to lot owner and charge
the cost thereof to such lot owner.
(d) To control and regulate boat speeds and type of
operation.
(e) To approve or disapprove any camping trailers
located on said property on a temporary basis.
(d) To control and enforce said control on minibikes,
motorcycles and other motorized vehicles that in their discretion
become a public nuisance.
9. All individual purchasers from and after this date
shall be required to keep their respective lots freo and clear of
weeds, rubbish, trash, debris, and other matter. This is not to
prevent any lot owner from leaving his lot in which is known as .
"natural habitat". The Board of Directors shall have tho right
to allow or disallow plans for "natural habitat" planning.
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0328 0273
10. No noxious or offensive trade or activity shall be
carried on upon any lot nor shall anything be done thereon which
may be or become an annoyance or nuisance to the neighborhood.
11. No trailer, tent, shack, garage, barn or other
outbuilding erected on a Lot shall at any time be used as a
residence temporarily or permanently nor shall any structure of a
temporary character be used as a residence except as enumerated
in Paragraph 8; the Board of Directors does have authority to
approve camping trailers on a temporary basis.
12. No signs, fences, or any structures which would
detract or lessen the aesthetic view of any lot owner shall be
erected without the approval of the Board of Directors.
13. All dwellings, garages and incidental outbuildings
erected or placed on any lot of the subdivision shall be
constructed of material of good grade, quality and appearance and
all construction shall be performed in a good and workmanlike
manner.
14. No mobile home, trailer, camper, tent, or
temporary house, temporary garage or other temporary outbuilding
shall be placed or erected other than temporary structures for
storage of materials during construction. No such temporary
structure shall be used at any time as a residence.
15. Any dwelling or improvement which is destroyed in
whole or in part by fire or other casualty must be rebuilt or all
debris removed and the lot restored to a sightly condition with
reasonable promptness. In no event shall such debris remain
longer than three (3) months.
16. No stripped, partially wrecked or junked motor
vehicle, or part thereof, shall be permitted.
17. All fuel storage tanks, outdoor receptacles for
ashes, trash, rubbish or garbage, shall be screened or so placed
and kept so as not to be visible from any road, creek or
adjoining property.
18. All outdoor clothes lines and similar equipment
shall be screened or so placed as not to be visible.from any road
or waterway.
19. No sign, billboard or other advertising structure
may be erected other than construction identification signs
during the period of any construction, and a single "For Sale"
sign not to exceed thirty-six (36) inches in any dimension.,
20. No livestock or poultry of any kind shall be
raised, bred or kept, except that dogs, cats or other household
pets in a reasonable number may be kept provided that they are
not kept, bred or maintained for any commercial purpose.
21. No noxious, offensive or illegal trade or activity
shall be carried on upon this land.

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A
2522490250 CAROL WRIGHT OBB PAGE 01

Memorandum

3-IF-05
LC'`a alWriit
ORIENTAL SUTERS' BROKER
TlI7 ?7 1 1
Lr C aIYri`ht" Choicc!
To: Cyndi Karoly - 401 Oversight/Express Permitting unit
Cc: Tom Steffens - DWQ Washington Regional Office
From: Carol Wright, Oriental Buyers' Broker
Date: 3-17-05
Re: 7011 Fairwinds Drive - Lot 11-- Oriental, NC DWQ # 05-0059 - Bilicki
I am in receipt of your request for additional information as outlined in your letter of
February 28, 2005, which was not received until 3-7-05. Each of your 4 items are
addressed below and are supported by the attached documentation. The owners
of this property are eager to begin construction so I am requesting that
consideration be given to processing this in a timely manner.
1. Area of impact has been recalculated to be 825 square feet. Please keep in
mind that not all 825 square feet will be impervious as the house plans are still in
the design process and much of this 825 square foot area will be a raised deck and
not a foundation for the house. (See attached drawing for calculation)
2. There are not wetlands on the lot Your reference to the scale map is
confusing, but it is assumed you are referring to the site plan, attached again for
your reference. The appearance of the "marsh like" symbols in Zone 1 are not
indicating marsh. If you will refer to the note #8 on the survey and highlighted in
yellow you will see the surveyors note stating "This property was examined by Ted
Tyndall of the N.C. Department of Coastal Management No coastal wetlands exist
on the property." I trust that this satisfies this item.
3. On-site storm water management plan for dealing with run off from gutters is as
follows: (a)Rainwater run off from the roof will be handled by gutters with French
drains around the house in the areas where impact occurs in zone 2. The water
will be directed via gutter downspouts into a catch basin to a continuous French
drain consisting of a trench with gravel, a 4" drain the and then covered over with
MAKING ADDeESS: P.O. BOX 71, ORIENTAL, NC 26571
STRtIT ADDeess; 502 HODGES STREET, SUITE 1, ORIENTAL, NC 28571
11USINeSS, (2521 249-1700 ¦ FAX: [phone] ,x011"' 12521 670.9709
EOdAlt; carolwri06toorientolbuyersbroker.com 0 WFe, www.oriontalbuyersbraker.cem 0
VlAR-18-2005 FRI 14:41 TEL:[phone] NAME:DWQ-WETLANDS P. 1
03/18/2005 15:09 2522490250 CAROL 1,,JRIGHT OBB PAGE 02
O? 1V ATF,9 Mi:hscl V. Casley, oovcmor
OC~ QG William G. Rog Jr.. Secretary
7 North Carolina Department of Envirrmment and Natural RCSOUTC:9
p Aland iKlo of Watcr Quality
February 28, 2005
DWQ Project # 05-0069
Pamlico County
CERTIFIED MAIL -- RETURN RECEIPT REQUESTED
Edward J.& Rainell L. Bilicki
C/O Carol Wright
PO Box 71
Oriental, ITC 28571
Subject Property: 7011 Fairiviuds Dr. (lot 11), Oriental, NC 28571
Otter Creek-103-04-10, 27-1-08; SC SW NSW (nutrient sensitive)]
REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. & Mrs. Bilielci:
On January 13, 2005, the Division of Water Quality (DWQ) Wetlands/401 Unit received your variance
request dated January 12, 2005. The DWQ has determined that your project is eligible for the use of the
"General" Major Variance Front the Neuse and Tar-Pamlico Riparian Ruger Rules for residential
.structures on aristing lots within the coastal counties a.s defined by the Coastal Area Sfantagc incni Act,
Approved 51912001. However, the DWQ needs additional information in order to complete the approval
process of your variance. Therefore, unless additional information is provided as described below, we
will have to move toward denial of your request per 15A NCAC 2B .0233(9) and will place this project
on hold as incomplete until we receive this additional information. Specifically:
Additional Information Requested:
1. The application requests impacts to 650 square fect of impacts to Zone 2 of the riparian buffer
however, the scaled map provided illustrates impacts closer to 900 square feet. Please provide the
area (in square feet) of any impervious surfaces (i.e., home, deck, etc.) that are proposed within the
protected buffers.
2. Please note that the buffers apply to any coastal wetlands as defined by the NC Division of
Coastal Management and/or surface waters (whichever is most landward), the scaled map
provided indicates the possibility of wetlands within Zone 1 of the riparian buffer. Please provide
the location of the protected buffers on the property.
3. On-site stonnwater management for run-off from any new impervious surfaces placed in the
buffer (e.g., house, garage, driveway, etc.) is required per Condition No. 9 of the "General"
Major Variance. Please provide information on how you intend to provide this stormwater
management. Below is a standard condition that if met can satisfy the stormwater management
condition. If you believe that you can meet this condition please let us know and will apply it to
your approval letter to satisfy Condition No. 9 of the "General" Major Variance.
401 Wetlands Cert.ka5on Unit
1650 Mall Service Canter, Raleigh, North Carolina 27699.1650
2321 Crabrae BoLlavard, Suite 250, Raleigh, North Ca-ol'na 27604
Phone: [phone]/ FAX [phone]Internet httoYIh2o.enr.oole.n^,.uslncwetlonds
An Equal 0pportur.ity,'Attirrnabva ACdun Errpioyer-50`b Racycladll0°b Poot Consumgr Paper
MAR-18-24705 FRI 14:41 TEL:[phone] NAME:DWQ-WETLANDS
Ore
N Caro na
? att><nr fJ
P. 2
03/18/2005 15:09 252249©250 CAROL WRIGHT OBB PAGE 03
Bilicki
Page 2 of 2
2/26105
Stormivater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers as identified within 15A NCAC 2B,0233(5), Roof drainage from the house shall
be directed to vegetated areas at non-erosive velocities prior to entering the protected riparian
buffers. Any additional stormwater located on the remainder of the property shall be directed
as diffuse flow at non-erosive velocities prior to entering the protected riparian buffers. No
new ditching or piping ofstormwater through theprotected buffers is allowed.
4. Condition No. 3 of the "General" Major Variance requires that the applicant must show that the
residential lot has been platted and recorded prior to August 1, 2000. Please provide the deed
to the subject property to ensure that this property is eligible for a "General" Major Variance.
Please respond in writing within three weeks of the date of this letter by sending a copy of this
information to me and Tom Steffens of the DWQ Washington Regional Office at [phone]. If we
do not hear from you in three weeks, we will assume that you no longer want to pursue this project and
we will consider the project as withdrawn. Please call Ms. Deborah Edwards of this office at (919) 733-
9502 if you have any questions.
Sincerely,
Cyn i. Karoly,
401 Oversight/Express Permitting Unit
CBK/dae
cc: Tom Steffens, DWQ Washington Regional Office
File Copy
Central Files
Filename: 050069Bilieki(Pamlico)GMV+bo1d
MAR-18-2005 FRI 14:41 TEL:[phone] NAME:DWQ-WETLANDS P. 3
03/18/2005 15:09 2522490250 CAROL WRIGHT OBB PAGE 04
?IL1Ck.1
L_ (DT l ?

9?',? l'chQflCT
1 X1.5 x c??_ ? os o
0-/LL.cL o ? ?j m? Ac-t- ?a. 5 °V
D

MAR-18-2005 FRI 14:42 TEL:[phone] NAME:DWO-WETLANDS P. 4
©3/18/2©©5 15:09 252245025© CAROL WR
L oa
N07ES
1. SURWYQR HAS MADE NO /NODVVXNT SEARCH OR INK S77CA770M FOR
PUBLIC U7RITIES NOR FOR UXUAWAN= fiESTOCT1W VINANTS,
owERStIIP, TITLE OR ANY OTHER FACTS THATA CWRSVT 777LE
SE'ARW MAY DI= aM
2 PROPERTY IS =JEICT 7D LAND--USE AND WA IERSNED LAWS AND
RECULA77WS OF PAMUCCI COUNTY AND THE STATE OF NORTH
CAROLINA. COMPLIANCE WIN SUC1i PEGU A 77ONS HAS NOT DMV
CON-WERED BY THIS SURVEY.
S. 7WS PROPERTr LlE4 AV A FEMA DESI MIED ENE AS (EL 8)' AS
SHOWN ON F/RM 370279 0001 D, DATED DECOMER 4. 191TS.
4. THIS SURVEY FIAT DOES NOT CREATE A SUBDIVIWOM
S. ALL DISTANCES ARE HORIZONTAL.
8 IRON ROD WITH GAP SET AT CORNERS LIME= OTT WWSE N07T.
7. AREA BY C0=lNATES
S THIS PROPERTY WAS EXAMIA97) BY 7ID TMEALL OF THE Mr-
DEPARIkEff CF CLNSM MANAGEUENr. NO COASTAL triANDS Exsr
ON 1W PITT:
I SEP77C SYSTEW AS PER PERMIT BY PARUCO COUNTY hCALTN
DEPARTMENT DATED 021^251-04.
MEAN HIGH WAIFR MEANDER LINE
IS PROPERTY UNE
V?
4j 11
APPROXIMATE
WATER UNE-? ??l 1

x j

SY:

OBB PAGE 05
?- t 0 0,5
L OCA 77ON MAP
NOr TO SCALE
LEGEND
4
Q EP - DZ71NG IRON Pn
•NPS - NO POWSEr
® NRC n f" ROD we l
gAr - !pair of wnr
- NOT aRWYED
REFERENCE ????eeleelt??o
DA 34 PG 271
P. a A, -'L 70+-2 ? i
RIPARIAN BUFFER= SEAL
E?Cj
9 ?p?O t Mr.
?19.529 -p
0.41E A RE5 1`??a ???
LOT 1
PROPERTY OF
JAMES A. NORTON
TAX M. 1092-14-12
a, . %

40 a 20 40
1 inch = 40 ft, PK NAIL SET AT
INTERSEC77ON OF
MEANDER UNE TABLE FA/RII7NDS DRIVE
u", nnr+?u
11AR-18-2005 FRI 14:42 TEL:[phone]
OT 1
PROPERTY OF
KENNETH R. NUDENT
D.B. 391. PG. 244
TAX ID: 1092--14-10
APPARENT CENTER OF
CUL-DE-SAC.
..H9? ci J 1
(CONTROL)
ti
r
NAh1E:DWQ-WETLANDS P. 5
03/18/2005 15:09 2522490250
Department of Environment,
Health and Natural Resources
Division of Coastal Man©gornont
Jamos B. Hunt, Jr., Governor
woyne McDevitt, Secretary
Roper N. Schocter, Director
CAROL WRIGHT OBB PAGE 06
October 20, 1997
Mr. Bernard B. Hollowell. Jr,
Hollowell 8t Hollowell, Attorncya at law
203 Main St.
l3ayboro, NC 28515
Dear Mr. Hollowell:

This' correspondence is lit response to your letter of September 9. 1997, requesting a
Clarification of CAMA setback requirements, in rairWinds Subdivislon, ncxr Oriental, in Pumlicv
County. It also serves as a follow up to our later telephone conversation.
As you arc aware, the Pamlico County 1992 Land Use-Plan its amended establisher, a
permanent: conservation zone within seventy-five (75) feet of the natural mean high water level for
all shorelines bordering estuarine waters and public trust waters. This policy does ml apply to
land approved by the Pamlico County Board of Commissioners for subdivision before January 26,
1990. regardless of use. And as 1 stated during our teicphonc conversation, I shared the
information that you provided to me with Ms. Mary Dec Carraway, our representative in the
Attorney General's office. It is our- m r,din that tlhe_.sabdivision received preliminary
approval from the Pamlico County Planning Board on September 28, 198T, and final approval on
July 14, 1997. but under tho 1987 ordhm=. ire It is our opinion that the subdivision not
be subject to the 75' permanent conservation zone established for "new" subdivisions.
I appreciate your elicnt's eonccm and efforts to comply with the permit requirements of
_ this Division. If you tiny other questions or I can he of further assistance. please call me at 919-
" '~ BOS?zS08.
Sincerely,
/- i7"` it
M. Ted Tyndall
Coastal Management Rcp.
cc: Charles Jones - DCM. District Manager
Mary Dec Carraway, Attorney General's Office
Kathy Vimon - DCM, District Planner
n?tAdPe et, ??pp r -.1'anhll Q ?Co. Plarh?hcr
t'1 tit F{,9hwpy orotwld ltY KC 7&667 Tsiiephons 919.008-2s04 Fox 919.247-3330
M Faisal Opp-Q*Y AIPor,4v@ Aotton Gnployir GO% Rwpdiid / 1096 POCt•oaruumwr Piper
-R RI-N") C
MAR-18-2005 FRI 14:42 TEL:[phone] NAME:DWO-WETLANDS P. 6
03/18/2005 15:19 2522490250
NOFZT[i CAROLINA
mmico coub rr
CAROL WRIGHT OBB

3-k 1.90
DECLARATION OF R$ST ICTIONS 0328 0271
OF flub
ruN.tco CW9.9 tc
FAIRWINDS S MMISION 4/4/17 19:11 at
Jo7II ¦, aunau
Ma17t.r of d.dr

0
.A,
MY.OI.Y K L
IUMW ALL HEN BY TIME PRESENTS, that JAIL ABLMI HORTON
and wife, FRAMCW W. 11OM-aN, of Clarkson, Pennsylvania,
hereinafter called "Decl,arantu", do hereby covenant and agree to
and with all other persons,'flrras.or corporations now owning or
hereafter acquiring as owners any lot or parcel of land in the
area designated or located is or near the Town of Oriental,
Pamlico county, North Carolina, known as Lots 1 through 15, as
shown on the map entitled PLAN OF FAIRWINDS =BVMr-ION, dated
July 13, 1967, and recorded in Plat Cabinet A, slide 104-2 , of
the Pamlico County Registry; said lots are hereby cubjeat to the
following covenants and restrictions and to the_uva •tbesaof-,
ru=Lug.with the laird by Whomsoever owned:
I. These covenants am to run with the land and shall
be binding on all, parties and persona claiming under them until
January 1, 2007, at which time said covenants shall be
automAtically extended for successive periods of ten years unless
by vote of a majority of the then owners of the lotr,, it is
agreed to change said covenants in whole or in part.
2. If the parties hereto or any of thcm or their
heirs, successors, or assigns, shall violate or attempt to
violate any of the covenants herein, it shall be lawful for ariy
other person or persons owning any real property mituated in laid
tdevolopment or subdivinion to prosetuto any Proceeding at law or
in equity against the person or persona violating or atteupting
to violate any such covenants and either to prevent him or them
from so doing or to recover damages or other dues for such
violation except the party of the first part is specifically
excluded fxom any liability for damages.
3. Invalidation of any one of these covenants by
judgment or court order shall in no way affect any other of the
provisions which shall remain, in full force and effect.
4. No residential utructares shall be erected, placed
or permittcd to remain on any residential lot other than one
detached single family dwelling and other outbuildings incidental
to the residentlal or personal boating use of the plot
(including, but not limited to, boathouso, pier or flock). Said
residential structure shall have a minimum floor area of 1,5oo
square feet of which 150 fect may be a porch or dock. No
residence shall be started on any of the above-described lots
until the plans of such structure and tAc plot plan showing the
location of such structure has neon approved by Declarants, their
PAGE 07
4 s.?
MAR-18-2005 FRI 14:42 TEL:[phone]e93 NAME:DWQ-WETLANDS P. 7
03/18/2005 15:09 2522490250 CAROL WRIGHT OBB PAGE 08
.+fa.o? wr u"
cuccassorn, heirs, assigns or designees. Such approval must be
in writing. Declarants shall alsgohave th"ight to approve any
outbuildings or structures. 0328 0272
5. No building ahaa be located on any residential
building plot noaror than ton (10) feat from the adjacent lot
line and no building shall be located on any plot nearer than
thirty (30) feet from any adjoining street right-of-way.
6. hope of the platted lots shall be reduced in uize
by a subsequent purchaser in any manner except where they are
incorporated into other lots amen woul4 constitute an increase
in the overall size of the lot ratbar than a dearease in suoh
size.
7. Drainage and utility easements are reserved along
all lot lines tens (lo) feet on each aide %hero required by
Declarants. Drainage =rust bo•installed in a manner so ae•not to
unnecessarily detract from value and appearance of the property.
0. A homeowner's annoeiation shall be formed by the
lot owur-ru in the uubdivislon. It may be a corparated or a non-
incorporated assoo.lation, whichever is detormiuft4 by a majority
vote of the nembera. It in intended that tbare be one vote per
lot regardless of the number of persons owning a particular lot.
A Board of Directors shall be elected by said association
cunalsting of five mombess. If at any Liao the association
becomes dismatisfied with such Board, than it may call for a vote
and olac;t a new Board to servo for a period of three yearn until
their successors are elected. The Board of Directaru shall have
the following duties and powers:
(a) Approve boathouao, dock and pier Plana and their
location.
(b) Approve any new boat slips.
(c) Cut weeds, remove rubbish, trash, debris or other
undesirable natter in order to protect the safety and health of
adjoining property owners, after notice to lot owner and charge
the coot thereof to such lot owner.
(d) To control and regulate boat spoeda and type of
operation.
(o) To approve or disapprove any camping trailarn
located on naid property on a tomporary hauls.
(d) To control and enforce said control on minibikcs,
motorcycles and other motorised vehicles that in their discretion
became a public nuisance.
9. All individual purchasers from and after thin date
Shall be required to kwp their respective Iota fro* and clear of
weeds, rubbish, trash, dobrin, and other matter. This is not to
prevent any lot owner from leaving his lot in which in known as
"natural hatbitat". The Board of Diractnra shall have the right
to allow or diasllow plAna for "natural habitat" planning.
MAR-18-2005 FRI 14:43 TEL:[phone] NAME:DWO-WETLANDS
P. 8
03/18/2005 15:09 2522430250 CAROL WRIGHT OBB PAGE 09
auww? r r?eun-.a?
Mr11W ?. G
>l,IS
took Pa4•
0328 0273
10. Ho noxious or offensive trade or activity shall be
carried on upon any lot nor echall anything be done thereon which
may be or become an annoyance or Miiuance to the neighborhood.
11. No trailer, tent, shack, garage, barn or other
outbuilding erected an a Lot shall at any time be used an a
residence teu1mrarily or permanently nor shall arty structure of a
temporary character be used as a residence except as enumerated
in paragraph 8; the Board of Directors door have authority to
approve camping trailers on a temporary basis.
12. No signs, tences, or any otructures which would
detract or les"n the aesthetic view of any lot owner shall be
erected without the approval of the Board of Directors-
13. All dwellings, garages and incidental outbuildings
erected or placed on any lot of the subdivision shall be
constructed of material-of good grade, quality and appearance and
all construction shall bo.performed in a good and workmanlike
manner.
14. No mobile home, trailer, cacwor, tent, or
temporary house, temporary garage or other temporary outbuilding
shall be placed or erected Otter than temporary structuresc for
storage of materialu during construction. No such temporary
structure shall be used at any time as a residence.
15. Any dwelling or improvement which in destroyed in
whole or in part by fire or other casualty must be rebuilt or all
debris removed and the.lot restored to a sightly condition with
reasonable promptn©ca. In no event ahali such debris ranain
longer than three (3) months.
16. No stripped, partially wrecked or junked motor
vehicle, or part thereof, shall be permitted.
17- All fuel storage tanks, outdoor receptacles for
ashes, trash, rubbish or garbage, shall be screened or so placed
and kept so as not to be visible from any road, creek of
adjoining property.
in. All outdoor clothes lines and similar equipment
shall be screened or no placed as not to be visible,from any road
or waterway.
19. No sign, billboard or other advortlaing structure
may be erected other than construction identification signs
during the period of any construction, and a single "yor sale"
sign not to exceed thirty-six (36) Inchon In any dimension.,
20. No livestock or poultry of any kind shall be
raised, bred or kept, raccept that dogs, cats or other household
pats in a reasonable numbar Ymy be kept provided that they are
not kept, bred or maintaUcd for any conmerclal purpose.
21. No noxious, offensivo or illegal trade or activity
xhall be carried on upon thin land.
MAR-18-2005 FRI 14:43 TEL:[phone] NAME:DWQ-WETLANDS P. 9
03/18/2005 15:09
,
P%MIOu45 w
-,.4.lu, ? W1?o?
..,dare, -.
M.uw1a W c
a 11
2522490250
CAROL WRIGHT OBB
Zook page
0328 0274
22. Television antennaae aball be roe trusted to d
maximum height of ton feet above the roof's highent point..
Satellite dishes are allowed providL?d they are constructed of
black mesh and located in the rear of the lot; rear being that
portion opposite the street.
23. Responsibility for maintaining streets, drainage
culverts, ditches, and the subdivision sign, shall be the joint
obligation of all owners of lots. Such reuponalbility shall be
shareA proportionately with the owners of lots shown on the map
which is hereinabove referred to. In addition, all lot owners
agree that their proportional share of the said maintenance costa
shall constitute an assessment against said owner'a lot or-Iota
and if unpaid for a period of over thirty 130) days, shall
constitute a lien on said lot or lots enforceable when filed with
the clerk of superior court, chapter 44 of the north Carolina
General statutes as amended. The liTUf for unpaid assessments
shall also secure reasonable attorney'a fees incurred by those
enforcing said lien. This lien shall be subordinate to any deed
of trust which shall he'a line an said lot or lots.
24. The Declarant Or any property owner or any party
to whose benefit these Restrictions inure may proceed at law or
in equity to prevent the occurrence, continuation or violation of
any of these Regtrictioaa and the Court in any such nation may
award the successful party reasonable eltpenaos in prosecuting
such action, including attorney's feels.
The remedies hereby specified are cumulative, and
this specif.ication.of them shall not be taken to preclude an
aggrieve pasty's resort to any other remedy at law, In equity,
or under any statute. Igo delay or failure on the part of
Declarants or any property owner or any aggrieved party to invoke
an available remedy in respect of a violation of any of the
Restrictions shall be held to be a waiver by that party of (or an
estoppel of that party to assert) airy right available to him upon
the recurrence or continuation of said violation or the
occurrence of a different violation.
25. The grantee of any lot subject to the coverage of
this Declaration, by acceptance of a deed conveying title
thereto, or the execution of a contract for the purchase theroof,
whether from Declarants or a subsequent owner of such lot, eball
accept such deed of contract upon and subject to each and all of
these Restrictions and the agreements herein contained, OW also
the jurisdiction, rights and powers of Declarants, and by such
accaptApoe shall for himself, his hairs, permonal repreaon-
tativen, succeasors and assigns, covenant, consent and agree to
and with VeciaranLn. and to and with the grantees and aubsequant
olmertr of cacti of the lots within the Subdivision to keep,
observe, comply with and perform said Restrictions and agreement.
PAGE 10
MAR-18-2005 FRI 14:43 TEL:[phone] NAME:DWQ-WETLANDS P. 10
03/18/2005 15.09 2522490250 CAROL WRIGHT OBB PAGE 11
tool PAVE
0of 28 0275
26. Every one the Restrictions is hereby declared
to be independent of, and severable from, the rest of the
Restrictions and o£ and from every CombinAtiOn of the
Restzictionn. Therefore, if any of the Rcstrictions.shall be
held to be invalid or to be unenforceable or to lack the quality
of running with the land, that holding shall be without effect
upon the vallditY, unenforceability, or "running" quality of any
other one of the Restrictions-
IN WITN&IZ WEMUZOF, Declarants have each signed t d--
instrument, and each has adopted as his seal the typewritten word
"SEAL" appearing opposite his signature, this f? day of July,
1992. L ---(SEAL)
James LeA Horton
•-'?--c..?! :?+So?...? (SEAL)
Frances W. Horton
STATE of
toUNTY op 14AICn-41
a Notary Public in
and for said county and state, certify that JAMS ARLEN nORTCH
and wife, FRANcrms w. MATCH, persomlly appeared bofoze me this
day and acknowledged the due execution of the foregoing
nstrunent for the purposes therein exprosaed.
Witnesfl my hand and official seal/stamp this the /i
a wQ qq Y of 9 7
Notary rubilc
Commission expires r+ovERr'cwfa
IITORTH CAROLINA
PAMLICO COUNTY
The foregoing certificate of??`2?,?dtwt>4.7
a Notary Public in and for said county and state is certified to
bo correct.
8eglstex' of Ace
t.a..,? o ?... g - ?
ATTC, A/lAW Aset. Register _
?••TA*?4.1 G
fw. }

HAR-18-2005 FRI 14:44 TEL:[phone] NAME:DWO-WETLANDS P. 11
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: tom steffens
WQ Supervisor: al hndpp
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Edward & Rainell Bilicki
Project Number 05 0069
Recvd From APP
Received Date 1113105 Recvd By Region
Project Type single family home
County Pamlico
County2
Region Washington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.

Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
cc: Regional Office
Central Office Page Number 1
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: tom steffens
WQ Supervisor: al hnrige
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Edward & Rainell Bilicki County Pamlico
Project Number 05 0069 County2
Recvd From APP Region Washington
Received Date 1113105 Recvd By Region
Project Type single family home
t;ertiticates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.

Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
Issue w/cond : mit for Z II impact 1.5:1, diffuse flow
cc: Regional Office
Central Office Page Number 1
?OF WATE9 p Michael F. Easley, Governor
\Q ?i William G. Ross Jr., Secretary
C? V w ?/` r North Carolina Department of Environment and Natural Resources
Q .? Alan W. Klimek, P.E. Director
Division of Water Quality
February 28, 2005
DWQ Project # 05-0069
Pamlico County
CERTIFIED HAIL - RETURN RECEIPT REQUESTED
Edward J.& Rainell L. Bilicki
C/O Carol Wright
PO Box 71
Oriental, NC 28571
Subject Property: 7011 Fairwinds Dr. (lot 11), Oriental, NC 28571
Otter Creek [03-04-10, 27-108, SC SW NSW (nutrient sensitive)]
REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. & Mrs. Bilicki:
On January 13, 2005, the Division of Water Quality (DWQ) Wetlands/401 Unit received your variance
request dated January 12, 2005. The DWQ has determined that your project is eligible for the use of the
"General" Major Variance Front the Neuse and Tar-Pamlico Riparian Buffer Rides for residential
structures on existing lots within the coastal counties as defined by the Coastal Area A7anagentent Act,
Approved 51912001. However, the DWQ needs additional information in order to complete the approval
process of your variance. Therefore, unless additional information is provided as described below, we
will have to move toward denial of your request per 15A NCAC 213 .0233(9) and will place this project
on hold as incomplete until we receive this additional information. Specifically:
Additional Information Requested:
1. The application requests impacts to 650 square feet of impacts to Zone 2 of the riparian buffer
however, the scaled map provided illustrates impacts closer to 900 square feet. Please provide the
area (in square feet) of any impervious surfaces (i.e., home, deck, etc.) that are proposed within the
protected buffers.
2. Please note that the buffers apply to any coastal wetlands as defined by the NC Division of
Coastal Management and/or surface waters (whichever is most landward), the scaled map
provided indicates the possibility of wetlands within Zone 1 of the riparian buffer. Please provide
the location of the protected buffers on the property.
On-site stormwater management for run-off from any new impervious surfaces placed in the
buffer (e.g., house, garage, driveway, etc.) is required per Condition No. 9 of the "General"
Major Variance. Please provide information on how you intend to provide this stormwater
management. Below is a standard condition that if met can satisfy the stormwater management
condition. If you believe that you can meet this condition please let us know and will apply it to
your approval letter to satisfy Condition No. 9 of the "General" Major Variance.
401 Wetlands Certification 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
NorthCarolina
Aatitra!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Bilicki
Page 2 of 2
2/28/05
Stornnvater shall be directed as diffuse f ow at non-erosive velocities through the protected
stream buffers as identified within 15A NCAC 2B .0233(5). Roof drainage from the house shall
be directed to vegetated areas at non-erosive velocities prior to entering the protected riparian
buffers. Any additional stormtivater located on the remainder of the property shall be directed
as diffuse flow at non-erosive velocities prior to entering the protected riparian buffers. No
new ditching or piping of stornnvater through the protected buffers is allowed.
4. Condition No. 3 of the "General" Major Variance requires that the applicant must show that the
residential lot has been platted and recorded prior to August 1, 2000. Please provide the deed
to the subject property to ensure that this property is eligible for a "General" Major Variance.
Please respond in writing within three weeks of the date of this letter by sending a copy of this
information to me and Tom Steffens of the DWQ Washington Regional Office at [phone]. If we
do not hear from you in three weeks, we will assume that you no longer want to pursue this project and
we will consider the project as withdrawn. Please call Ms. Deborah Edwards of this office at (919) 733-
9502 if you have any questions.
Sincerely,
. o?
Cyn ? i Karoly,
401 Oversight/Express Permitting Unit
CBKldae
cc: Tom Steffens, DWQ Washington Regional Office
File Copy
Central Files
Filename: 050069Bilicki(Pamlico)GMV+hold
Re: 05-0069 Bilicki and Westervelt
Subject: Re: 05-0069 Bilicki and Westervelt
From: Tom Steffens <[e-mail]>
Date: Mon, 07 Feb 2005 08:04:40 -0500
To: Cyndi Karoly <[e-mail]>
yJ'Q Can you do these for me? Al is balking at me writing variances until hes comfortable
with what hes signing. We have a meting today to settle that concern and I will start
writing approvals beginning today as they come in. Please to send a copy of the
variances back to me, but youall would be doing me a favor by writing them.
thanks
toms
Cyndi Karoly wrote:
Tom - got post-it notes on these two variance requests. I assume they came from
you but I'm not sure:
05,-0069, Central assigned this project-number to Edward & Ranell• Bil,i,cki_.,_ _ I have
all three copies of the variance..request.- Would you like for me to send one back
to you to issue it from Washington?
Fred Westervelt - It appears the applicant sent their app directly to your
attention, but I now have all 3 copies. I need to get Laurie to assign a project
number to this. Your note says "issue n/c". Should I send a copy back to you with
the project number assigned so you can issue it?
L?
X117
i of 1 2/7/2005 11:21 AM
Wetlands Tracking
401s
Facility Name Edward & Rainell Bilicki
Project Number OS 0069 ? Express
Project Type purpose of single family home I County Pamlico
Location Otter Creek, 7011 Fairwinds Dr Lot 1 1, Oriental I County2
Received From APP
Received Date January 13, 2005
Sent to Region Date 1/14/2005
Rcvd Region Date
Last Action Date I
Last Action I
Latitude (ddmmss)
Longitude (ddmmss)
Public Notice Written
Date
COE ID # Region Washington
COE Susp Date Reg. Contact
DCM Susp Date APPLICATION FEE INFO
TIP Number Payment Date
More Info Requested I Amount Paid
More Info Received I Payor
Mitigation ? _ Check #
COC Received Date
Public Notice
ReceivedDate
Comment Period
Ends Date
Certificates Stream Area
acres Area Length Length
Permit Wetland Wetland Stream Class Wetland ( ) (acres)' (feet) (feet)
Type Cert# Type Im Impact Score Index Subbasin Req.
p ;Prim. Supp. Class Appr. Req. Appr.
NBR GV Buffers O Y O N 27-108 SC SwNSW 030410 error 0.01
10Y ON T
Total for 401: -J
WRP
Mitigation Project Wetland Wetland Area Length
MitigationType Number Type Class (acres) . (feet)
Mitigation
Completion
Date Subbasin

Stream Impacts (ft.)
Peren- Inter-
nial mittent
j
Total Mitigation:
C C)
Triage Check List
Date: 1 Project Name:
DWQ#: c' S -oo??t
County:
To: ? ARO Kevin Barnett ?O Tom Steffens and Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Mike Horan
From: T" Telephone : (919) :9`3 3-J4-_2?
The file attached is being forwarded to your for your evaluation.
Please call if you need assjstance.
? Stream length impacted
Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
„Buffer Rules euse Tar-Pamlico, Catawba, Randleman)
? Pond fill L9 @ 12 0 v
El Mitigation Ratios D
? Ditching FEB 0 ?} 2005
? Are the stream and or wetland mitigation sites available and viable? DENR - WATER QUALITY
El Check drawings for accuracy l'"ETW'DS AND STORl,{yrATER SPW4CH
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
6 o,\ SZ0

19
L- C, .,A c
3

zLV-,4 LIAL-z?
ti
L CG?.?.

F-1 R IR P; F=-'3
OFFICE USE ONLY: Date Received c'-c?C,
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality cNR NATER QUALITY
At T,;.!4 . ') STCRI`/iATU ER's Zll
"General" Major Variance Application Form -
Front the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Conunittcc of the Environmental Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
X Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC .0259)
NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant. The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 401/Wetlands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient)
1. App ' a iI n me the corpg?tion, individual, etc. w owns the property)-
2. JAL-LtC_?-_?-_
2. Print Owner/Signing Official (person le all responsible for the rop t and its com Han( )
Name: F: D I.JAf' 1. blLtC? 1--- H1?1°LL__?- i IL1C>= f
Title: - _
Street address: ?_ ' __ ?_ _--
City, State, Zip:
Telephone: i)_- IZfQ
Fax: !-aZ--- ?.Q Q- - -- - --
3. Contact person who can answer questions about the proposed project:
Name: (_,:?_ L L CI Y- --} -
Telephone: _? `I ?.. ?aQ& -': z0,9 ca_' k,
Fax: ` t I (- -
Email: G'-f {rn( LJ r'I`C3C)P,I L_ l?..as_Brover,CDry)
"General" Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
i R 1Ri.J L-) ?S L CT
5. Project Location:
Street address: /_? l _ __ ` H_ R ?_?.!
-- -
City, State, Zip: County: r R (Y1LL i C-- -?- -- -- -
Latitude/Ion itude:. - -r._
6. Directions to site from nearest major intersection (Also, attach an 8 '/2 x 11 copy of the portion
of the USGS topographic map indicating the location of the site):
E1 t,,N E-AS-r--_ TO -- ° R'e-f-lt-lc) L-- oOe Pjr I
Cam) y-t-7- I? t . ti2-F?
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed strea
Is label as "UT" to the nearest named s am Gr???s G?G?1
Stream classification [as identified within the SchelluJla of Classifications A NCAC 2B
.0315 (Neuse) or.0316 (Tar-Pamlico)): _ n0T__-. 1-15T6,0 v _C ,c dui_c
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
- CAMA Major
CAMA Minor
401 Certification/404 Permit
{_1.-__r1C_ 1 On-site Wastewater Permit C?-?L_ «tt G L )
_ Active Connection to Sanitary Sewer System
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
-- Others (specify)
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
buffer impact in ft2.:
Bu I LAD lr?') -t-
-In
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
"General" Variance Application Form, page 2
Version 1: May 2001
b P(1 ?T
M191ODMITWX
Wrm,OrP- i n-ip 0 cT «>!=?, PID,I S
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
r I ing vegetation or enhancement of existing vegetation, etc.):
Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
(2) How these difficulties or hardships result from conditions that are unique to the property
i ?-c r c A_"
f? - L L tip - 1_ » Z-
-? ' -aL
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
1;Y Z. ef _-Y
/gym-? I L&
- -
C, LL'CU
bb, C?
Part 3: Deed Restrictions J
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual o firm): _(J-l1._ Ql?}.?-. t-
Mailing address: -- -_- _D___,7_b _7----------- --- J - _------
City, State, Zip:1 ---
----- Cam. --
Telephone: - _ ? -
"General" Variance Application Form, page 3
Version 1: May 2001
Fax: LI 9- / r? r (!)
- - _ ? -.
Email: ?l?1L'o4-n- L._ 1'L'?'f?jy?1C?XC, (i
Part 5: Applicant's Certification
'- )I LI_CrA (Print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature: (.?!?c ci??j / `?
Date:
Title: -
•!(-, j-'.: I', I;II :71 %!' t' -r
;n ; Ii,ind - Cerlifica!tinn Ur t
Si) ,:i:ul 5urncc Ccn,r (? 1„iLlil(= , .JU??c?S;
f-?.:,:13 of 01(2 PJeusc Ro,z!!.:_>t,iit
??tr: ,: .. .. .. ,.;.:_1 i ?:.1 .II f I I ii::;??1 ; rtII I,t
!If'dC,7CiP-! RE.GUL??.TC)i."r i=!ELD Citl=1(;:=
i7ionf',t
2 6 -

"General" Variance Application Form, page 4
Version 1: May 2001
SPECIAL NOTE ON LOT 11 FAIRWINDS DRIVE - VARIANCE FOR BILICKI
POTENTIAL EXEMPTION FROM DWQ RULES
WE HAVE BEEN TOLD THAT THE SO CALLED CREEK OUR LOT IS LOCATED ON, (OTTER
CREEK OR AKA HORTON CREEK) WAS ACTUALLY A DUG OUT CANAL BY THE DEVELOPER.
THIS CANAL/CREEK IS JUST OFF GREEN CREEK IN ORIENTAL. WE WERE ALSO TOLD THAT
BECAUSE OF THIS THE 50' DWQ BUFFER DID NOT APPLY. SINCE WE ARE UNSURE WE ARE
MAKING APPLICATION ANYWAY.
THIS IS FURTHER CONFIRMED IN OUR MINDS BECAUSE THE CREEK OR STREAM
CLASSIFICATION FOR THIS CREEK, UNDER EITHER NAME, DOES NOT EXIST IN YOUR
RECORDS.
IF THIS APPLICATION IS THEREFORE UNNECESSARY PLEASE LET US KNOW. HOWEVER, IF
IT IS THEN PLEASE PROCESS IT AS SOON AS POSSIBLE AS WE WOULD LIKE TO GET
STARTED ON OUR HOUSE QUICKLY AS WE HAVE HEALTH PROBLEMS WITH OUR OUT OF
STATE PARENTS WHICH REQUIRE THEM TO COME AND LIVE WITH US.
SINCERELY,
ED AND RAINEY BILICKI
Lor
NO TES
1. SURVEYOR HAS MADE NO INDEPENDENT SEARCH OR INVES77GAT70N FOR
RIGHTS-OF-WAY OR EASEMENTS OF RECORD FOR STREETS, HIGHWAYS,
PUBLIC U77LI77ES NOR FOR ENCUMBRANCES, RESTRICTIVE COVENANTS,
OWNERSHIP, TITLE OR ANY OTHER FACTS THAT A CURRENT TITLE
SEARCH MAY DISCLOSE.
2. PROPERTY IS SUBJECT TO LAND-USE AND WATERSHED LAWS AND
REGULATIONS OF PAMLICO COUNTY AND THE STATE OF NORTH
CAROLINA. COMPLIANCE 11TH SUCH REGULATIONS HAS NOT BEEN
CONSIDERED BY THIS SURVEY.
J. THIS PROPERTY LIES IN A FEMA DESIGNATED "ZONE A5 (EL B)" AS
SHOWN ON FIRM 370279 0001 B, DATED DECEMBER 4, 1985.
4. THIS SURVEY PLAT DOES NOT CREATE A SUBDIVISION.
5. ALL DISTANCES ARE HORIZONTAL.
6. IRON ROD WITH CAP SET AT CORNERS UNLESS OTHERVYISE NOTED.
Z AREA BY COORDINATES
8. THIS PROPERTY WAS EXAMINED BY TED TYNDALL OF THE N.C.
DEPARTMENT OF COASTAL MANAGEMENT, NO COASTAL WETLANDS EXIST
ON THE PROPERTY.
9. SEPTIC SYSTEM AS PER PERMIT BY PAMLICO COUNTY HEAL7H
DEPARTMENT DATED 02125104.
MEAN HIGH WATER MEANDER LINE
IS PROPERTY LINE G
V?
APPROXIMA TE
WATER LINE O

LOT 12
PROPERTY OF
JAMES A. HORTON
TAX /D. 1092-14-12
GREENS CREEk
'CIO
yaoti ?GO \??l
LOCH RON MAP
NOT TO SCALE
LEGEND
N
o O EIP = EXISTING IRON PIPE
a • NPS = NO POINT SET
y
O NRC = NEW ROD W/CAP
R/W = RIGHT OF WAY
ti
- - NOT SURVEYED

/ REFERENCE esEctSEiiJ/e.?
ba a 'JS
?0 E y f: AQ0 "fee

/
O.B. J8. PG. 271
2 i
s
^v .. +5 .yxx t•, AA,,,
}f' n ha Z 1 °a
P.G A, SL 104-

50' RIPARIAN BUFFER=

EIP

o

•J LOT 10
PROPERTY OF
l) KENNETH R. NUBENT
?
\, rl\ a
° D.B. 391, PG. 244
L3
s TAX /D: 1092-14-10

° C\ © y
P
\
.
°s °-
AR 'w yr APPARENT CENTER OF
CUL-DE-SAC

\ 19, 529 0. F .
0.448 A RES

'
`
98
'?
o
i •
. .
.
ue` `? . EIP P
till (CONTROL)
40 0 20 40
1 inch = 40 fL
MEANDER LINE TABLE
1a5 A
E!P
PK NAIL SET AT R?. I(CONTROL)
INTERSECTION OF
FA1RWlNDS DRIVE ^ y?,,
I IF
r '
,
1 1? .
rti AF.. ,:1
'r
E '
,f.
r? c
c •?
I/

rHIVILII.IJ VLIIJIN I T r-1CC1L I rl VCf-/`1R 1 IVICIV
P.O. BOX 306
BAYBORO, NC 28515
Owner:James A. Horton
Owner Address:cJo Sail/Loft R-Ity
Owner Address(2):P.0. Box 130 Oriental, NC 213571
Owner Phone #:
Property Address:Fairwinds S/D Lot 11
PIN 1092-14-11
Record #42947-11
Establishment Type-Home
Type of Well Public Well
Design Flow (GPD):360
Initial Site
IMPROVEMENT PERMIT
lZ.rL 5,
y r
?a
Type of Wastewater System:Conventional Perforated Pipe
Long Term Acceptance Rate(GPD/SQFT):0.45
Trench Wid1h:3 FT
Trench Spacing (OC):9 FT
Septic Tank Volume:1000 GAL /I
W?©
Repair Site
Type of Wastewater System:Chambered System
Long Term Acceptance Rate(GPD/SQFT):0.45
Trench Width:3 FT
Trench Spacing (OC):9 FT
Septic Tank Volume:1000 GAL

prr)1

3 BR

yt:xoe
c
M
w2 t[?? '? _ r _

i
3ti
? I Y ? ?

?? ^? Z Z
\r , I
? tb "V Vb
_

,•y
?a<
`(r/ ? cor
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?
?
AN AUTHORIZATION TO CONSTRUCT MUST BE OBTAINED AND
ALL FEES PAID PRIOR TO WASTEWATER SYSTEM INSTALLATION
THE PAMLICO CO. HEALTH DEPARTMENT RESERVES THE RIGHT
TO REVOKE THIS PERMIT IF THE SITE IS ALTERED, INTENDED
USE CHANGED, OR ANY INFORMATION IS FALSIFIED.
ANY CHANGES TO THIS PERMIT WILL REQUIRE A REDESIGN PERMIT
AND SUBSEQUENT FEE.
82
Authorized Agent: Date 1
Pamlic
GeoBlc
NovembE
Triage Check List
Date: 1 C o3 Project Name:
DWQ#: mS -oc???t
County: ,?),-,k
To: ? ARO Kevin Barnett 321WaRO Tom Steffens and Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Mike Horan
From: Telephone : (919)
The file attached is being forwarded to dour for your evaluation.
Please call if you need assjstance.
? Stream length impacted
Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
?inimization/avoidance issues
Buffer Rules euse 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:
D
L, cl .cA c
sly,-? A-t-
r
/V 1"?U'071
9

50
OFFICE USE ONLY: Date Received Request # ---------------
State T
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
General Major Variance Application Forni- -
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
X Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC.0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 409/Wetlands Certification Unit, 9650 Mail
Service Center, Raleigh, NC 27699-9650, 999-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. Applicant's n me the corpg?tion, individual, etc. wt? owns the prope
2. Print Owner/Signing
Name: _
Title:
Street address: P._
City, State, Zip: _
Telephone:
Fax:

L
for the ro and its com lian )• -
3. Contact person who can answer questions about the
Name: _ L-CJ--)- f I
Telephone: t '71
Fax: ( L? )---------`-t ---------
Email: 2 -4-!i{`n (-(- r-,
project:
c
Q _
'40 kc('q C QTY)
'General' Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
A ----------------
-? - - -- - ----- --- -
5. Project Location:
Street address: -761 nnlD-(- - L L or -1 -?
_t ]] ?__?t?
City, State, zip: a7Z---------- ____
County: -- - ?(`(lLL C_Q --------- ----------
Latitude/longitude: 3?5 O l , ?! S_-- - O 7-0 _ ?} -y?' _
Directions to site from nearest major intersection (Also, attach an 8'/z x 11 copy of the portion
of the USGS topo ra hic map indicating the location of the site):
t L L'__? _ ---
v
7. Stream to be impacted by the proposed activity:
Stream n me (for unnamed stye s label as "UT" to the nearest named s a
???-R-_c rye ??_ ? ? ?GreG?_-
Stream classification [as identified within the Schhe?ll a of Classifications 16A NCAC B
m? .0315 (Neuse) or.0316 (Tar-Pamlico)]: __ n8T ts-re,o vn > ch- .
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
_____ CAMA Major
CAMA Minor
----- ----- -----
401 Certification/404 Permit
g`? On-site Wastewater Permit C5? Uta_c_? LO
----- ----- ----- Active Connection to Sanitary Sewer System
----- ----- NPDES Permit (including stormwater)
----- Non-discharge Permit
----- ----- Water Supply Watershed Variance
----- ----- Others (specify) --------------------
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Includo the area
99, buffer impact i W.:
C G? t L_D A -f- M ---------------
-------------------------------
---------------------- ----
- - - ----??d . - -o ----- -----------------
-------------------
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
*General" Variance Application Form, page 2
Version 1: May 2001
SPECIAL NOTE ON LOT 11 FAIRWINDS DRIVE -VARIANCE FOR BILICKI
POTENTIAL EXEMPTION FROM DWQ RULES
WE HAVE BEEN TOLD THAT THE SO CALLED CREEK OUR LOT IS LOCATED ON, (OTTER
CREEK OR AKA HORTON CREEK) WAS ACTUALLY A DUG OUT CANAL BY THE DEVELOPER.
THIS CANAL/CREEK IS JUST OFF GREEN CREEK IN ORIENTAL. WE WERE ALSO TOLD THAT
BECAUSE OF THIS THE 50' DWQ BUFFER DID NOT APPLY. SINCE WE ARE UNSURE WE ARE
MAKING APPLICATION ANYWAY.
THIS IS FURTHER CONFIRMED IN OUR MINDS BECAUSE THE CREEK OR STREAM
CLASSIFICATION FOR THIS CREEK, UNDER EITHER NAME, DOES NOT EXIST IN YOUR
RECORDS.
IF THIS APPLICATION IS THEREFORE UNNECESSARY PLEASE LET US KNOW. HOWEVER, IF
IT IS THEN PLEASE PROCESS IT AS SOON AS POSSIBLE AS WE WOULD LIKE TO GET
STARTED ON OUR HOUSE QUICKLY AS WE HAVE HEALTH PROBLEMS WITH OUR OUT OF
STATE PARENTS WHICH REQUIRE THEM TO COME AND LIVE WITH US.
SINCERELY,
ED AND RAINEY BILICKI
-PI 40 67?c ADO XVY
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
MI ing vegetation or enhancement of existing vegetation, etc. :
4. Please provide an explanation of the following:
NI Tha nrartiral difficulties or hardships that would result from the strict application of this
S
L--Y-C-' r _---------
?Q&J- -v=im
D bud a n .u- o rt7 e .9 - ow 5 P PI cis
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (indil
Mailing address:
City, State, Zip:
Telephone:
"General' Variance Application Form, page 3
Version 1: May 2001
6m)
(2) How these difficulties or hardships result from conditions that are unique to the property
(3) If economic hardship is the major consideration, then mcluoe a specinc explanation or ine
economic hardships and the proportion of the hardship to the entire value of the project.
Fax: -L19-)12 06
---- --- ----------------- - - - _ -- -- - - --- ?
Email: PTL)lc a,
Part 5: Applicant's Certification
_,T _ ----- I LJ._C_r_L (print or type name of person
listed in Part 1, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
Date: ___?' ja- =COQ
Title:
NC Division of Water Quality (DWO)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATIONI
1650 flail Service Center (IMAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
hltp:/lh2o.onr.state, nc.usincwetlands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6503 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
General Number: [phone]
hitp://s^A%, v.s,ivr.usace.arrny.niiV?vetlar)ds/reglour.litm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27889-1000
General Number: [phone]
htto://vAn•d.sovi.usace.army.niil/v.,etlands/regtour.litni
Washington District Office
Division of Coastal Management
943 Washington Square N11all
Washington, NC 27389
phone: [phone]
Morehead City District Office
Division of Coastal ManagemeM
151-B Highv:ay 24
Morehead City. NC 28557
phone: [phone]
"General" Variance Application Form, page 4
Version 1: May 2001
Lo-r ll F
NO TES
1. SURVEYOR HAS MADE NO INDEPENDENT SEARCH OR INVES77GA77ON FOR
RIGHTS-OF-WAY OR EASEMENTS OF RECORD FOR STREE75, HIGHWAYS,
PUBLIC U77LI77ES NOR FOR ENCUMBRANCES RESTRICTIVE COVENANTS
OWNERSHIP, TITLE OR ANY OTHER FACTS THAT A CURRENT 777LE
SEARCH MAY DISCLOSE
Z PROPERTY IS SUBJECT TO LAND-USE AND WATERSHED LAWS AND
REGULA77ONS OF PAMLICO COUNTY AND THE STATE OF NORTH
CAROLINA. COMPLIANCE WITH SUCH REGULATIONS HAS NOT BEEN
CONSIDERED BY 7H/S SURVEY.
-1 THIS PROPERTY LIES IN A FEMA DESIGNATED 'ZONE A5 (EL B)' AS
SHOWN ON F7RM 370279 0001 B, DATED DECEMBER 4, 1985.
4. THIS SURVEY PLAT DOES NOT CREATE A SUBDIVISION.
5. ALL DISTANCES ARE HORIZONTAL
6. IRON ROD W1774 CAP SET AT CORNERS UNLESS OTHERWISE NOTED.
Z AREA BY COORDINATES
8. THIS PROPERTY WAS EXAMINED BY TED TYNDALL OF THE N.C.
DEPAR77WENT OF COASTAL MANAGEMENT, NO COASTAL WETLANDS IXST
ON THE PROPERTY.
9. SEP77C SYSTEM AS PER PERMIT BY PAMLICO COUNTY HEALTH
DEPARIUENT DATED 02125104.
MEAN HIGH WATER
IS PROPERTY LINE
MEANDER LINE
?r
APPROXIMATE U -
WA TER LINE
LOT 12
PROPERTY OF
JAMES A. HORTON
TAX ID: 1092-14-12
1 inch = 40 fL
MEANDER LINE TABLE
is
a
REFERENCE
D.& JA P& 271
P.G A. SL 104-2
PK NAIL SET AT
INTERSEC770N OF
FA/RW/NDS DRIVE
-P
[OaE
CRE-ENs CREEK
5
LOCA TION MAP
NOT TO SCALE
LEGEND
O EIP = iXS77NG IRON PIPE
• NPs a NO POINT SET
Q NRC a NEW ROD W/CAP
R/W - RIGHT OF WAY
- - NOT SURVEYED
`,eeil6S6lf//ep?0
6
,Ns ?f. RIPARIAN BUFFER

?
'•.'ei?1
cZ7 ? .'(j'? e

(CONTROL) ? Wa
LOT f0
PROPERTY OF
KENNE7H R. NUBENT
D.B. 391, PG. 244
TAX ID: 1092-14-10
APPARENT CENTER OF
CUL-DE-SAC. -,

rHlvl?l?.v %...vuw I r nc?L- I M Ivcr/-11(Z fvfcly
P.O. BOX 306
BAYBORO, NC 28515
IMPROVEMENT PERMIT
Owner:James A. Horton
Owner Address:c./o Sail/Loft Realty
Owner Addross(2):P.O. Box 130 Oriental, NC 28571
Owner Phone #:
Property Address: Fairwinds SID Lot 11
PIN:1092-1411
Record 942947-11
Establishment Type:Home
Type of Well:Public Well
Design Flow (GPD):3GO
Initial Site
Type of Wastewater System:Conventlonal Perforated Pipe
Long Term Acceptance Rate(GPD/SQFT):0.45
Trench Width:3 FT
Trench Spacing (OC):9 FT
Septic Tank Volume:1000 GAL I 1
L?7
Repair Site
Type of Wastewater System:Chambered System
Long Term Acceptance Rate(GPD/SQFT):0.45
Trench Width:3 FT
Trench Spacing (OC):9 FT
Septic Tank Volume:1000 GAL
Y ?t
F
-F t L
4or
?. ..,xyd?" r r s,t T
Lfi
pfJ) 1L
J 8R
Q

Zsr ?r1
T
00 f
Fa ; r t,r ? ?f Qom! vc.
AN AUTHORIZATION TO CONSTRUCT MUST BE OBTAINED AND
ALL FEES PAID PRIOR TO WASTEWATER SYSTEM INSTALLATION
THE PAMLICO CO. HEALTH DEPARTMENT RESERVES THE RIGHT
TO REVOKE THIS PERMIT IF THE SITE IS ALTERED, INTENDED
USE CHANGED, OR ANY INFORMATION IS FALSIFIED.
ANY CHANGES TO THIS PERMIT WILL REQUIRE A REDESIGN PERMIT
AND SUBSEQUENT FEE.
i Mi
L A

Authorized Agent: v ""`- x f Date 11/12/99 L/ Z

A. ,
- 4W
PZ r =
i
41*
?r
4 tJ % R
' . 0 .1 \ AN VI"
N't
•? i -,1?. a y,,• ? / _ ? `, ,?.?\? 1 , b y f _::?. y? .•,` -t -
. ? ?" '?.' tea` 1 ti ?. ?I? ''?l `' y'E _
Pamlico County Date: 12/29/2004
MLIr
GeoBlocks CD
November 2004
82 0 82 164
CAI?A
ib
Cric- (.ti-)cz-L
C? J Cc
OFFICE USE ONLY: Date Received Request
-------------------
of North Carolina
State
Department of Environment and Natural Resources
Division of Water Quality

"General" Major Variance Application Form
Fran the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
X Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant. The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 401/Wetlands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. App ' is n me the corporation, individual, etc. w owns the propert
01 t-LA-CV--
- Ate-
2. Print Owner/Signing Official (person le allx resp?grisible for the prop rte and its cgm lian )• -
City, _W-PI -_t5I_!-? `f_ l _Fl ?LL__-L-_- _l Ll C ?=1
Title: Q-- Lt]- -
Name: _91z)-y-c-
Streetaddress: State, Zip: - --C1- L1'Z??--r- --- ---------- ---
Telephone: `.)_ `}.9= J-Zid 0 ------------------------------- ----
Fax. 0 _c?} - -- 1 --1_0-0
----------------------------------- -
3. Contact person who can answer questions about the proposed project:
Name: - - - C- - - ?? L CL- - -- -------- --
Telephone:?----_----?!2L?
Fax: ( l? )---------L? ------- ---I-( ------------- ------- --
Email: Ln (r, Con,
"General" Variance Application Form
Version 1: May 2001

4. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
- - - - - - - - - - - - ------
5. Project Location: nn
Street address:
??_??____-t-L_?R
City, State, Zip: ---- - - ?'7 - 1- --------------
Count L i- C Q y
Latitude/longitude: 1.! T--_-_
6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the portion
of the USGS topographic map indicating the location of the site): '
C-05-17 D- C R, L- DUCE ---
_ -
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed stye s label as "UT" to the nearest named CA mam
z? -- - :- CC __R ?fz C rye G d l Stream classification [as identified within the Sc edule of ClassificatioNCAC 2B
r` J .0315 (Neuse) or.0316 (Tar-Pamlico)]: LV5Te-l_) -_ C_Ct _1 C
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
----- ----- ----- CAMA Major
CAMA Minor
----- ----- -----
401 Certification/404 Permit
On-site Wastewater Permit C?L_ ct?LO
----- ----- Active Connection to Sanitary Sewer System
----- ----- _____ NPDES Permit (including stormwater)
----- ----- _____ Non-discharge Permit
_____ Water Supply Watershed Variance
----- ----- ----- Others (specify) ---------------
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient)
Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
f buffer impact in ft2.:
U 11.-D -0 -0-Ca' _t -------------------------------------- ---------------
r
---------------
------------------------------------------------------
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
"General" Variance Application Form, page 2
Version 1: May 2001
SPECIAL NOTE ON LOT 11 FAIRWINDS DRIVE-VARIANCE FOR BILICKI
POTENTIAL EXEMPTION FROM DWQ RULES
WE HAVE BEEN TOLD THAT THE SO CALLED CREEK OUR LOT IS LOCATED ON, (OTTER
CREEK OR AKA HORTON CREEK WAS ACTUALLY A DUG OUT CANAL BY THE DEVELOPER.
THIS CANAUCREEK IS JUST OFF GREEN CREEK IN ORIENTAL. WE WERE ALSO TOLD THAT
BECAUSE OF THIS THE 50'DWQ BUFFER DID NOT APPLY. SINCE WE ARE UNSURE WE ARE
MAKING APPLICATION ANYWAY.
THIS IS FURTHER CONFIRMED IN OUR MINDS BECAUSE THE CREEK OR STREAM
CLASSIFICATION FOR THIS CREEK, UNDER EITHER NAME, DOES NOT EXIST IN YOUR
RECORDS.
IF THIS APPLICATION IS THEREFORE UNNECESSARY PLEASE LET US KNOW. HOWEVER, IF
IT IS THEN PLEASE PROCESS IT AS SOON AS POSSIBLE AS WE WOULD LIKE TO GET
STARTED ON OUR HOUSE QUICKLY AS WE HAVE HEALTH PROBLEMS WITH OUR OUT OF
STATE PARENTS WHICH REQUIRE THEM TO COME AND LIVE WITH US.
SINCERELY,
ED AND RAINEY BILICKI
dr,
Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
)-
r` ?l ting vegetation or enhancement of existing vegetation, etc.
t
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Ru
----------------------------------------------------------
(2) How these difficulties or hardships result from conditions that are unique to the property
in?rolve?l.?,
-I All-
(3) If economic hardship is the major consideration, then include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project.
+C1?5----------
L?U? Cr r7 /1 ?? O .9 T `?C? O-W
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section:
Designated agent (individual ofjjfrm): _ T ! f-r [_??-?____________
Mailing address: Nt- _ C _________ ____ _
City, State, Zip: l X21 ------ ---- -
L C
Telephone:
7Cy----?-Z-= ` 111
"General" Variance Application Form, page 3
Version 1: May 2001
Fax: -l Lt 9- / r -- -- 1
Email:
Part 5: Applicant's Certification
I, C?? rL=1 _?Z"_ !? ?? I_??^c'C? ?_ l _?j_c-r_L (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature:
r?c???? ----------------------------- -
Date: ---? -1-? ---------------
-------------------- ------
Title:
------------------------------------------------------------------
NC Division of Water Quality (DWQ)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone](phone)
http:/i112o.enr.state.nc.usincwetlands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6503 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
General Number: (919) 876-8.341
hltp://v? vvv.savi.usace. army.miUwetlands/regtour.htm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27839-1000
General Number: [phone]
http:I/wvr;v.saw.usace.army.nii1/wetlands/regtour.litm
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27339
phone: [phone]
Mlorehead City District Office
Division of Coastal Management
151-B Highway 24
r0orehead City, NC 28557
phone: [phone]
"General" Variance Application Form, page 4
Version 1: May 2001
Lo-r ll FgiRia,w0;
NO TES
1. SURVEYOR HAS MADE NO INDEPENDENT SEARCH OR INVESTIGATION FOR
RIGH75-OF-WAY OR EASEMEN 75 OF RECORD FOR STREETS: HIGHWAYS,
PUBLIC UTILITIES NOR FOR ENCUMBRANCES, RESTRICTIVE COVENAN75?
OWNERSHIP, 717LE OR ANY OTHER FACTS THAT A CURRENT 777LE
SEARCH MAY DISCLOSE
2 PROPERTY IS SUBJECT TO LAND-USE AND WATERSHED LAWS AND
REGULATIONS OF PAMLICO COUNTY AND THE STATE OF NORTH
CAROLINA. COMPLIANCE WITH SUCH REGULATIONS HAS NOT BEEN
CONSIDERED BY THIS SURVEY.
-1 THIS PROPERTY LIES IN A FEMA DESJGNATED 'ZONE A5 (EL 8)' AS
SHOWN ON F7RM 370279 0001 B, DATED DECEMBER 4, 1985.
4. THIS SURVEY PLAT DOES NOT CREATE A SUBDIVISION.
5. ALL DISTANCES ARE HORIZONTAL
6. IRON ROD WITH CAP SET AT CORNERS UNLESS OTHERWISE NOTED.
Z AREA BY COORDINATES
8. THIS PROPERTY WAS EXAMINED BY TED TYNDALL OF THE N.C.
DEPARTMENT OF COASTAL MANAGEMENT, NO COASTAL WETLANDS EXIST
ON THE PROPERTY.
9. SEPTIC SYSTEM AS PER PERMIT BY PAMLICO COUNTY HEALTH
DEPARTMENT DATED 02/25/04.
MEAN HIGH WATER MEANDER LINE
IS PROPERTY LINE
V?
/G \
APPROXIMATE
WA TER LINE O

LOT 12
i f<

\. ??C7
'N N, \A
?o?om?? ?.

lP "
PROPERTY OF
JAMES A. HORTON
TAX /D. 1092-14-12
LOT 10
PROPERTY OF
KENNETH R. NUBENT
D.B. 391, PG. 244
TAX ID: 1092-14-10
h P' ??°`rc??? APPARENT CENTER OF
CUL-DE-SAC.
19,529 0. N,
s
0.448 A RES Nk N, ?-o
?? Nip 43. cnE)
xSo
EIP
(CONTROL)
40 0 20 40
1 inch = 40 fL PK NAIL SET AT
INTERSECTION OF
MEANDER LINE TABLE FA/RW/NDS DRIVE
•. l1 II/1f -1I
R? (CONTROL)
41
55h 1010
E/P
S/
LOCA TION MAP
NOT TO SCALE
LEGEND
O EIP - EVS71NG IRON PIPE
y • NPS - NO POINT SET

.? © NRC - NEW ROD W/CAP
u R/W - RIGHT OF WAY
ti
- - NOT SURVEYED
REFERENCE ,`,,,p s a ut?e •?Qs
D.B..38, PG. 271 `???i ?? u ?j'O?
P. C A. SL 104-2 `a `';
1
RIPARIAN BUFFER=
,r 16•
- t * ?L 7j
• j ? it, r
r Tf ,
lift-
------
AN-
, ..e' N
%
7 Awl
i i\ w :?` _
4
lob
T7N
i
11 T,
Pamlico County Date: 12/29/2004
GeoBlocks CD
November 2004
82 0 82 164
rriiVl?lw ?.vul? I r r1Mt-%L I n "1=r 1AF-x I IVIGIV I
P.O. BOX 306
BAYBORO, NC 28515
Owner:James A. Horton
Owner Address:c/o Sail/Lott Realty
Owner Addross(2):P.O. ©ox 130 Oriental, NC 28571
Owner Phone #:
Property Address:Fairwinds SID Lot 11
PIN:I092-14-11
Record #42947-11
Establishment Type:Home
Type of Well:Public Well
Design Flow (GPD):3GO
Initial Site
Type of Wastewater Systom:Conventional Perforated Pi,
Long Tenn Acceptance Rate(GPD/SQFT):0.45
Trench Width:3 FT
Trench Spacing (OC):9 FT
Septic Tank Volume:10W GAL
lA7
Repair Site
Type of Wastewater System:Chambered System
Long Tenn Acceptance Rate(GP0/SQFT):0.45
Trench Width:3 FT
Trench Spacing (OC):9 FT
Septic Tank Volume: 1000 GAL
IMPROVEMENT PERMIT
1¢
?...r``?,. .,,x d t' '!r' tr y?` s.../r 4ar• t _ wC

PoJJI j1-
I /BR
fb/---
orme
r?

r , r
A^1 1?; ?; ? Z Z

T ? .
zs' ?sl
J . -7a•
} ! t,? I a?f ?'- IV,.
F4
AN AUTHORIZATION TO CONSTRUCT MUST BE OBTAINED AND
ALL FEES PAID PRIOR TO WASTEWATER SYSTEM INSTALLATION
THE PAMLICO CO. HEALTH DEPARTMENT RESERVES THE RIGHT
TO REVOKE THIS PERMIT IF THE SITE IS ALTERED, INTENDED
USE CHANGED, OR ANY INFORMATION IS FALSIFIED.
ANY CHANGES TO THIS PERMIT WILL REQUIRE A REDESIGN PERMIT
AND SUBSEQUENT FEE.
L A 1,J TA,;'-

?•TM.z;
Authorized ..
Agent: l -f Date 11/12/99
hu??, a
OFFICE USE ONLY: Date Received
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
IAN 3 ?005
0ENR - WATER QUALITY
WETLAND- !' D STORWIATER BRANCH
C-
"General" Major Variance Application Form -
From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area Management Act
(As approved by the Water Quality Committee of the Environmental Management Commission on 5/9/2001)
Please identify which Riparian Area Protection Rule applies.
X Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC.0259)
NOTE.
To constitute a complete application, all of the information requested in this form
must be provided. Incomplete applications will be returned to the applicant The
original and two copies of the completed "General" Variance Application Form and
any attachments must be sent to the DWQ 401/Wet/ands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete
submittal. This form may be photocopied for use as an original.
Part 1: General Information
(Please include attachments if the room provided is insufficient.)
1. App . a is name the corpq?tion, individual, etc. w owns the prope
2. Print Owner/Signing i
Name:
Title:
Street address: P?
City, State, Zip:
Telephone:
Fax:

-
the ro and its complian )• 'C- 14 JI
3. Contact person who can answer questions about the proposed,project:
Name: - - - - - Lc?__ L' L?'1--}-- ------- - -----------
Telephone:
Fax: -------- '-t -------- L ------- ----- - ------
Email: C?Arv (..( COT),
'General' Variance Application Form
Version 1: May 2001
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
- -- -- -
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
.01005 Df- LLoT-
EZQIM? C1??_i. - 1.-?? -- Q ??77 --------------
6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the portion
of the USGS topographic map indicating the location of the site): '
!t
v
7. Stream to be impacted by the proposed activity:
Stream n me (for unnamed stye s label as "UT" to the nearest named s a
e?T??,_c a??G????_ s Gs???
LT?1C Stream classification as identified within the Sch ed e of Classifications 1'&A NCAC 2B
.0315 (Neuse) or.03 6 (Tar-Pamlico)]: _-?BT?STe t/? ej?'
8. Which of the following permits/approvals will be required or have been received already for
this project?
Required: Received: Date received: Permit Type:
----- ----- ----- CAMA Major
CAMA Minor
----- ----- -----
_ 401 Certification/404 Permit
_--- - I -- g`1 On-site Wastewater Permit C!!? Ottn-C_LX)
----- ----- ----- Active Connection to Sanitary Sewer System
_____ ----- NPDES Permit (including stormwater)
_____ ----- _____ Non-discharge Permit
------ ----- Water Supply Watershed Variance
---- ----- Others (specify) ---------------------
Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)
1. Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying
out the activity, the location and dimension of any disturbance in the riparian buffers
associated with the activity, and the extent of riparian buffers on the land. Include the area
buffer impact' fe
ICU ttr? _ f? M ------------------------------------------------
-----------------
----------------------------- -Z--?-m --B --' -D ---- __ ? ° -------------------
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers:
"General" Variance Application Form, page 2
Version 1: May 2001
P-0t.1 Of
n-r -t- Y
Oal -- ----? F -L-m p Q c? ----!J--LrI --------- L-e
Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
r I ing vegetation or enhancement of existing vegetation, etc.):
?? n 7 X J- -------------------
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
'u 01
Y- 6'r, (&5 e, - --

(2) How these difficulties or hardships result from conditions that are unique to the property
- --------------------- - -
- 6u? c? n D/-!?ter- awe .4c%
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run with the land, that the easements cannot be changed or
deleted without concurrence from the State, and that the easements will be recorded prior to the
sale of any lot.
Part 4: Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf, please complete this section/:
Designated agent (individual o firm):
Mailing address: ----_------
City, State, Zip:
Telephone: ---? L-7-&-20 ---- Z? Q 6M)
'General' Variance Application Form, page 3
Version 1: May 2001
(3) If economic hardship is the major consideration, tnen inauae a specmc explanation or uie
economic hardships and the proportion of the hardship to the entire value of the project.
Fax: /;10 v
Email: ---f?? ?Q)re?,jL LJJIi? T6.
Part 5: Applicant's Certification
1. RA (LL l Lj? L (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature: --------------------------------
Date: Title:
----------------------------------------------------------------
NC Division of Water Quality (DWO)
401 Wetlands Certification Unit
2321 Crabtree Blvd. (LOCATION)
1650 Mail Service Center (MAILING ADDRESS)
Raleigh, NC 27699-1650
[phone] (phone)
http:/iti2o_enr.state.nc.us/navetlands/
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
6503 Falls of the Neuse Road. Suite 120
Raleigh, North Carolina 27615
General Number: [phone]
hitp://vnwv.sav?.usace.army.mil/wetlands/regtour.iitm
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
Post Office Box 1000
Washington, North Carolina 27339-1000
General Number: [phone]
htto:/iwunv.saw.usace.army.niillwetlands/regtour.litni
Washington District Office
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27339
phone: [phone]
f,-iorehead City District Office
Division of Coastal Management
151-B Highv.ay 24
%,lorehead City, NC 23557
phone: [phone]
"General' Variance Application Form, page 4
Version 1: May 2001
Lo-r l I F
NO TES
1. SURVEYOR HAS MADE NO INDEPENDENT SEARCH OR INVES71GA770M FOR
RIGHTS-OF-WAY OR EASEMENTS OF RECORD FOR STREETS HIGHWAYS,
PUBLIC U77LI77ES NOR FOR ENCUMBRANCES RESTRIC77VE COVENANTS,
OWNERSHIP, 777LE OR ANY OTHER FA07S THAT A CURRENT 777LE
SEARCH MAY DISCLOSE
2 PROPERTY IS SUBJECT TO LAND-USE AND WATERSHED LAWS AND
REGULA77ONS OF PAMLICO COUNTY AND THE STATE OF NORTH
CAROLINA. COMPLIANCE WITH SUCH REGULA77ONS HAS NOT BEEN
CONSIDERED BY THIS SURVEY.
J. THIS PROPERTY LIES IN A FFMA DESIGNATED 'ZONE A5 (EL 8)' AS
SHOWN ON FIRM 370279 0001 B, DATED DECEMBER 4, 1985.
4. THIS SURVEY PLAT DOES NOT CREATE A SUBDIVISION.
5. ALL DISTANCES ARE HORIZONTAL
6. IRON ROD WITH CAP SET AT CORNERS UNLESS OTHERWISE NOTED.
Z AREA BY COORDINATES
B. THIS PROPERTY WAS EXAMINED BY TED TYNDALL OF THE N.G
DEPARTMENT OF COASTAL MANAGEMENT, NO COASTAL WETLANDS EXIST
ON THE PROPERTY.
9. SEP77C SYSTEM AS PER PERMIT BY PAMLICO COUNTY HEALTH
DEPARTMENT DATED 02125104.
MEAN HIGH WATER MEANDER LINE
IS PROPERTY LINE
V?
APPROXIMA TE Q?
WATER LINE

LOT 12
PROPERTY OF
JAMES A. HORTON
TAX ID: 1092-14-12

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LOCA TION MAP
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LEGEND
®EIP = DOS77NG IRON PIPE
• NPS a NO POINT SET
O NRC a NEW ROD W/CAP
R/W s R/GNT OF WAY
- NOT SURVEYED
REFERENCE ```e6lEL6L11le;Ad
a 34 PC 271
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P.C A. 5L. 104-2

50' RIPARIAN BUFFER= SEAL 4 -
1-4- 1

SIP

LOT l0
PROPERTY OF
KENNETH R. NUBENT
D.B. 391, PG. 244
TAX ID: 1092-14-10
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40 0 20 40 \
1 inch = 40 it, PK NAIL SET AT
INTERSECTION OF MEANDER LINE TABLE FA/RWINDS DRIVE
(CONTROL)
5
4
EIP
'(CONTROL)
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rHwlLll.v l-oIJIJIV I T r1=1AL- I I-7 VCrr1r? IVICIV 1
P.O. BOX 306
BAYBORO, NC 28515
IMPROVEMENT PERMIT
Owner:James A. Horton
Owner Address:c1o SaillLoft Realty
Owner Address(2):P.O. Box 130 Oriental, NC 223571
Cromer Phone #.
Property Address:Fairwinds SID Lot 11
PIN:1092-14-11
Record 442947-11
Establishment Type:Home
Type of Well:Public Well
Design Flow (GPD):360
r
Initial Site
Type of Wastewater System:Conventional Perforated Pi
Long Tenn Acceptance Rate(GPD/SQFT):0.45
Trench Width:3 FT
Trench Spacing (OC):9 FT
Septic Tank Volume:1000 GAL
L07
Repair Site
Type of Wastewater System:Chambered System
Long Tenn Acceptance Rate(GPD1S0FT):0.45
Trench Width:3 FT
Trench Spacing (OC):9 FT
Septic Tank Volume:1000 GAL

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AN AUTHORIZATION TO CONSTRUCT MUST BE OBTAINED AND
ALL FEES PAID PRIOR TO WASTEWATER SYSTEM INSTALLATION
THE PAMLICO CO. HEALTH DEPARTMENT RESERVES THE RIGHT
TO REVOKE THIS PERMIT IF THE SITE IS ALTERED, INTENDED
USE CHANGED, OR ANY INFORMATION IS FALSIFIED.
ANY CHANGES TO THIS PERMIT WILL REQUIRE A REDESIGN PERMIT
AND SUBSEQUENT FEE.
s?

Authorized Agent: ?? Date 11/12/99
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Pamlico County Date: 12/29/2004
GeoBlocks CD
November 2004
82 0 82 164
SPECIAL NOTE ON LOT 11 FAIRWINDS DRIVE -VARIANCE FOR BILICKI
POTENTIAL EXEMPTION FROM DWQ RULES
WE HAVE BEEN TOLD THAT THE SO CALLED CREEK OUR LOT IS LOCATED ON, (OTTER
CREEK OR AKA HORTON CREEK) WAS ACTUALLY A DUG OUT CANAL BY THE DEVELOPER.
THIS CANAUCREEK IS JUST OFF GREEN CREEK IN ORIENTAL. WE WERE ALSO TOLD THAT
BECAUSE OF THIS THE 50' DWQ BUFFER DID NOT APPLY. SINCE WE ARE UNSURE WE ARE
MAKING APPLICATION ANYWAY.
THIS IS FURTHER CONFIRMED IN OUR MINDS BECAUSE THE CREEK OR STREAM
CLASSIFICATION FOR THIS CREEK, UNDER EITHER NAME, DOES NOT EXIST IN YOUR
RECORDS.
IF THIS APPLICATION IS THEREFORE UNNECESSARY PLEASE LET US KNOW. HOWEVER, IF
IT IS THEN PLEASE PROCESS IT AS SOON AS POSSIBLE AS WE WOULD LIKE TO GET
STARTED ON OUR HOUSE QUICKLY AS WE HAVE HEALTH PROBLEMS WITH OUR OUT OF
STATE PARENTS WHICH REQUIRE THEM TO COME AND LIVE WITH US.
SINCERELY,
ED AND RAINEY BILICKI