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HomeMy WebLinkAbout20050496 Ver 1_Complete File_20050321j ?QF W ATE9Q 0 G i Michael F. Easley, Governor R G S ' ( DLIQ ecretary William oss Jr., . North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 7, 2005 DWQ Project # 05-0496 Pamlico County Mr. John Gallagher, 3305 Janiero Road' D Arapahoe, NC 28510 F Subject Property: 3678 Janiero Road JUN 15 2005 Arapahoe, NC 28510 Pamlico County DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH MODIFICATION OF MINOR VARIANCE APPROVAL ISSUED 22 MARCH 2005 Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)] Dear Mr. Gallagher: You have our approval, in accordance with the conditions listed below, to impact approximately 750 square feet (ft) of Zone 2 of the protected buffers to construct a residence at the subject property as described within your variance request dated 25 February 2005 and received by the Division of Water Quality (DWQ) on 04 March 2005. The original variance request has been modified to accommodate the hardship of placement of the house against the adjacent neighbors,wishes as per DCM regulations. This letter shall act as your Minor Variance approval as described within I5A NCAC 2B .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion' and Sediment Control and Division of Coastal Management regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner(s) must be given a copy of this variance approval and is thereby responsible for complying with all conditions. This approval requires you to follow any conditions listed below. The Additional Conditions of the Certification are: 1. No Zone 1 Impacts No impacts (except for any proposed and "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to Zone I of the protected riparian buffers unless otherwise approved by the DWQ. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. Construction of the residence must be concurrent with the plans submitted in the Minor Variance application, or written notification of any changes must be submitted to the Division of Water Quality, Washington Regional Office before construction begins. 2. Buffer Mitigation (EEP) You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 375 square feet as required under this variance approval and 15A NCAC 2B .0233. You have an option to make a payment into the Riparian Buffer; Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0233, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 213 .0233(9)(C). Until the EEP receives and clearsyour check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts one NorthCarotma 401 Wetlands Certification Unit NRturully 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893/ Internet: hftp://h2o.enr.state.nc.usincwetlands t, specified in this variance approval shall occur. The EEP should be contacted at (919) 715-0476 if you have any questions concerning payment into the EEP. For accounting purposes, this variance approval authorizes payment into the Riparian Buffer Restoration Fund to compensate for 1125 ftz of required riparian buffer mitigation for impacts to 750 ft2 of protected riparian buffers; 03-04-02, 27- 43-(1) river and sub-basin." This change in mitigation represents the increase in impacts to the ZoneIL.riparian Buffer Zone from the original application. Please note that if payment into the EEP Buffer Restoration Program has already been made that this increase in mitigation is a requirement that has to be met. The DWQ will also accept an alternative method of mitigation (including but not limited to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0233) to satisfy this mitigation requirement. If you choose to pursue this option, then you are required to submit in writing a mitigation plan to the DWQ Wetlands/401 Unit for review and approval. No impacts shall occur to the protected buffers until the mitigation plan is approved by the DWQ. 3. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233 (5). 4. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Requests for appeals of this decision shall be made to the Office of Administrative Hearings. 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 which 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 Minor Variance Approval shall expire five (5) years from the date of this letter. This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules [15A NCAC 2B .0233 (9)(b)]. Please call Tom Steffens@ 252-948-3920 if you have any questions or require copies of our rules or procedural materials. Ail ncerAge' Ho Division of Water Quality Surface Water Protection Washington Regional Office Eric: Minor Variance Approval Certificate of Completion Cc: DWQ WaRO Regional Office DWQ Central Office, Debbie Edwards Central Files Mr. Skip Lee, Pamlico County Building Inspections Mr. Bill Pope POB 14021 New Bern, NC 28561-4021 DWQ Project No.: Applicant: i Project Name: Certification of Completion County: Date of Issuance of Isolated Wetland Permit: Certificate of Completion i Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by ---th app ic`- anr,-ttie--applicant s mthorized-gent-orthe prcJect-engineer-lt-is-not-necessaryto-send-certificates-from-all-of- - these. Applicant's Certification hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect,; Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the'construction of the project, for the Permittee hereby state that, to,the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date r ,ir '! f i i aFWArFq Mr. John Gallagher 3305 Janiero Road Arapahoe, NC 28`510 i !I Subject Property: r I 1 j Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director i Division of Water Quality March 22, 2005 DWQ Project # 05-0496 Pamlico County 3678 Janiero Road Arapahoe, NC 28510 Pamlico County Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B .0233(9)(b)l I Dear Mr. Gallagher: You have our approval, in accordance with the conditions listed below, to impact approximately 250 square feet (ft2 ) of Zone 2 of the protected buffers to construct a residence at the subject property as described within your variance request dated 25 February 2005 and received by the Division of Water Quality (DWQ) on 04 March 2005. This letter shall act as your Minor Variance approval as described within 15A NC AC 213 .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and Division of Coastal Management regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new!owner(s) must be given a copy of this variance approval and is thereby responsible for complying with all conditions. This approval requires you to follow any conditions listed below. The Additional Conditions of the Certification are: 1. No Zone 1 Impacts No i m pacts (except for any proposed and "exempt" uses as identified within 15A NCAC 2B .0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ: No impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ. Construction of the residence must be concurrent with the plans submitted in the Minor Variance application, or written notification of any changes must be submitted to the Division of Water Quality, Washington Regional Office before construction begins. No On 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-68931 Internet: http://h2o enr state.nc.us/ncwetlands Z 2. Buffer Mitigation (WRP) You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 375 square feet as required under this variance approval and 15A NCAC 2B .0233. You have an option to make a payment into the Riparian Buffer Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with 15A NCAC 2B .0233, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this variance approval shall occur. The EEP should be contacted at (919) 715-0476 if you have any questions concerning payment into the EEP. For accounting purposes, this variance approval authorizes payment into the Riparian Buffer Restoration Fund to compensate for 375 fe of required riparian buffer mitigation for impacts to 250 fe of protected riparian buffers; 03- 04-02, 27-43-(1) river and sub-basin." The DWQ will also accept an alternative method of mitigation (including but not limited to Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0233) to satisfy this mitigation requirement. If you choose to pursue this option, then you are required to submit in writing a mitigation plan to the DWQ Wetlands/401 Unit for review and approval. No impacts shall occur to the protected buffers until the mitigation plan is approved by the DWQ. 3. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233 (5). 4. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Requests for appeals of this decision shall be made to the Office of Administrative Hearings. 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 which 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 Minor Variance Approval shall expire five (5) years from the date of this letter. This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules [15A NCAC 2B .0233 (9)(b)]. Please call Tom Steffens@ 252-948-3920 if you have any questions or require copies of our rules or procedural materials. Sincerely, i Al Hodge Division of Water Quality Surface Water Protection Washington Regional Office l 1 i; ?s Enclosures: Minor Variance Approval ,Certificate of Completion i cc: DWQ WaRO Regional Office AWQ Central Office, Cyndi Karoly CentrallFiles Mr. Skip Lee, Pamlico County Building Inspections Mr. BitI Pope p [ 4? POB 14021 New Bern, NC 28561-4021 MAK 2 3 2Q05 S ?? ?R gRANCt? DES M40 WEN+R 4 vanances j? Subject: variances From: Tom Steffens <Tom.Steffens@ncmail.net> Date: Mon, 28 Mar 2005 14:08:02 -0500 To: Cyndi Karoly <cyndi.karoly@ncmail.net> CC: Debbie Edwards <debbie.edwards@ncmail.net> the followingjhave been reviewed and issued from waro. some have been issued for a while, but failed to make it into fp5 due to technical reasons ( I forgot..duh!) sorry. more to come note: # ^?Ad g written directly toms pro num date rec reviewer writer type rev waro name comments 05-0259 2=,Feb tas tas gen maj 12-Feb Pamlico i John Harper Issue n/ci 12-Feb 7 05- Iraven illiam an uth des Issuew/mit for Z - 05-0 4-Feb ta?_frj 18-Mar Beaufort.' rry L' Iss 05-0404. -Mar tas t gen maj 18-Mar amTic seph Cicco Issue n/c 05-0412 2-Mar tas tas min var 18-Mar A Pamlico Gray Macy HOLD- incomplete app, garage impacts not accounted O-QlZL_ - tas tas min var 18-Mar Crave ,' George Manthe Issue w/ - one 1 impact for house construction or vegeta diffuse floV or to t 05-996 =.4-Ma t t min var 18-Mar Pamlico 1-der Issue w/cond -0314 b t'as gen ma' Beaufor a ton P Oneal II 1 of 2 county 3/28/2005 2:43 P variances ;I 70 8-Mar kb as gen maj 28-Mar Bea rt Marshall Tay or Issue-w/coed or estoration) 04-02 2-Mar tas tas gen maj 28-Mar Pamlico i ert,Mendell Issue-MOD'for error on ginal app 3/28/2005 2:43 P i DWQ/WARD Fax:252-946-9215 Mar 21 '05 12:28 P.01 i+ 050496 'i oleo IFAZ a? 4E -faM s re Of 4L ,21-2005 MON 11:23 TEL:9197336893 NAME:DWQ-WETLANDS P. 1 i DWQfWAR0 RST0 1i0MES FO.BJr•14021 New 8?rt+, N.C. 2836"- 21 %( &OhOl6 951637.61OC FCCSF'k! 752.637.4,1715 E-M01 Gf'dlnft.Gbh1 POpG?'Ylrillm6?GwU}.- 'i Sincerely, Pope Custom Homes, Inc. r William B_ Pope, President NOn+iCARQUNA uNC,4SSIFIED GENERAL CONTRACTC#k Fax:252-946-9215 Mar 21 '05 1229 P.02 Tom Steffens NCDWQ 401 Wetlands Unit 943 Washington Square Mall Washington, NC 27889 Re: Minor Variance Request March 2, 2005 RECEIVED MAR 0 4 2005 D WARD Dear Mr. Steffens: The enclosed form and accompanying paperwork was prepared by me as agent for the property owner and I will be happy to answer any questions concerning same. Please forward completed request to me. i VVBP1bc; LICENSE #29736 MAR`-21-V2005 MON 11:24 TEL:9197336893 NAME:DWQ-WETLANDS P. 2 t,,. LiWQ/WARO Fax:252-946-9215 Mar 21 '05 12:29 P.03 054496 OFFICE USE ,'ONLY: Date Received Request # State of NoRlj Carolina, Department of Environment and Natural Resources, Division of Water Quality 19 73.3,-?ED Wetlands Unit f?"o?I? 2321 Crabtree Blvd -- Suite 250 MAR 0 4 2005 Raleigh, NO 27604-2260 DVV'Q-WAR( Variance Request Form - for Minor Variances Protection and Maintenance of Riparian Areas Rules NOTE: 7hisfbr7? maybe photocopied for use as an original. Please identify which Riparian Area (Buffer) Protection Rule applies. Neusej River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0233} ? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0259) E) Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B .0243) Part 1: 1General Information (Please include attachments if the room provided is insufficient.) 1. Applicant's name (the corporation, individual, etc. who owns the property): John G. and Dorothy A. Gallagher 2. Print Owner/Signing Official (pe=rson legally responsible for the property and its compliance) Name: John G. and Dorothy A. Gallagher Title: Owner Street address: 3305 Janiero Road City, State. Zip: Arapahoe, NC 28510 Telephone: 252 249-2434 Fax: 3. Contact person who can answer questions about the proposed project: Name: William Pope Cad Pope Custom Homes Telephone: 2; 52) 637-8100 Fax: ? 2{ 52 J 637-4475 Email. popecstmhmsCa-always-online _com 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements,; etc.), 3678 Janiero Road Version 2:' November 2002 MAR-21-2005 MON 11:24 TEL:9197336893 NAME:DWO-WETLANDS P. 3 7 DUO/WARO Fax : 252-946-9215 Mar 21 '05 12:29 P. 04 5. Project Location: Street address: 3678 Janiero Road City, State, Zip: Arapahoe, NC 28510 County: ( Pamlico Latitude/longitude: N 35-59-35 W 76-45-23 6_ Directions to site from nearest major intersection (Also, attach an 8x 11 copy of the USGS topographic map indicating the location of the site): US 17, NC 55• through Oriental. over bridge onto NCSR 1308: left on 1302; Lot is on right about 770 ft before the Dawson Creek Bridge;.--___-- See attached copy GIs map 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Neuse River Stream classification [as identified within the Schedule of Classifications 15A NCAC 28 .0315 (Neuse) or.0316 ("far-Pamlico)]: .0315 Neuse 8. Which of the following permitstapprovals will be required or have been received already for this project? i Required: Received: Date received: Permit Type: NO CAMA Major YES ( NO CAMA Minor NO 401 Certification1404 Permit YES YES 10/05/04 On-site Wastewater Permit (Pre-existing) NO NPDES Permit (including stormwater) NO Non-discharge Permit NO Water Supply Watershed Variance NO Others (specify) Part 2: ' Proposed Activity (Please include attachments it the room provided is insufficient) 1 _ Description of proposed activity [Also, please attach a map of sufficient detail (such as a plat map or site plan) to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimension of any disturbance in the riparian buffers associated with the activity, and the extent of riparian buffers on the land. Include the area of buffer impact in ft2.]: 250 5a Ft deck and step encroachment into Zone 2 of riparian buffer i' 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: Lot is too restrictive for alternate plan 3. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re-planting vegetation or enhancement of existing vegetation, etc.): as soon as possible Variance f equest Form, page 2 Version 2: i November 2000 MAR-21-2005 MON 11:24 TEL:9197336893 NAME:DWO-WETLANDS P. 4 DWQ/WAR0 Fax:252-946-9215 Mar 21 '05 12:29 P.05 i 4. Please provide an explanation of the following: (1) The#actical difficulties or hardships thatwould result from the strict application of this Rulei Lot would not be able to be utilized in a practical manor (2) How these difficulties or hardships result from conditions that are unique to the property involved. 15,7 Refer back to question 2 and enclosed-Dlat for obvious self explanation (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- Refer back to all previous questions and enclosed plat for obvious self explanation I' Part 3: Deed Restrictions By your signature in Part 5 of this application, you certify that all structural stormwater best management practices required by this variance shall be located in recorded stormwater easements; that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. Part 4: Agent Authorization If you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent (individual or firm): William Pope aQ Pope Custom Hcmes Mailing address: PG Box 14021 City, State, Zip: New Bern Telephone: 252 637-8100 Fax: 252 637-9008 Email: popecstmhmsAalwavs-online.com Part s:'jApplicant's Certification 1, John G- and Dorothy A. Gallagher. certify 1 application form is correct, that the project will approved plans and that the deed restrictio recorded with all required permit cbpditio Signature: Date: 02/25/2005 Title: Agent for Owners Variance Request Form, page 3 Version 2 November 2000 the information included on this permit constructed in conformance with the ccordance with Part 5 of this form will be MAR-21-2005 MON 11:24 TEL:9197336893 NAME:DWQ-WETLANDS P. 5 i i DWQiWARO Fax:252-946-9215 Mar 21 05 1230 P.06 Y ,'j, lJ f IVf J\,! Vdlld(,]1';Cf 'ail 1l'4-ZAa'i VA4 ?i G r 17 1 ? , LISE AN EXISTING SYSTEM t - ALJTHORl7-A TION 7'C> YEA14 FROM A SSUAN E r '* I PERMIT' VALID ONE MAR 0 4 2005 PERMIT` >R 65Pi?+? ,,pp%.jG4*v4T N bMrz; John G. obllaphrr A XDmESS: 3305 Jsrdsm Rand CITY; AtePct+u° STATE; NC KAAp w.. H094.42-3 Zi P: 28510 DWQ-WARO PROPE-2TY ADDRF-&G -O(C,A-n ON: 3678 Janlero Ro*d TYPE OF EWYF-L -ANG- Houw. I,tt3M8EF1 OF gEpROC"S: 5 VVA76R soppLY: POulc ' 5.YVT?S+i_ORIC3 NA . Y INSTF . . A x aWN>ER AT no rraatd on 19* tjF... SKETCH. ?' SY3TEM PARAMIETERS: - `r TO THE Fvw-E67 FXTENT THAT wE ARE ABLE TO l7ET):RA?INE ROM r z SYSTEM AY ARE AS FOLLAW81 TANK SIZE: 1000 (hoped on Arid oOaeNatlons) NO. OF IPubEB: 2 (fount TOTAL LINEAR FEET: TL77AL $QrJR FEET VVE 00 NOT GUAlANTEE GywrEM PARAMg-MRS OR Pe RFORMANCE- .21352 54. Ft- 4, Dar shy A. G81dphor .. Ian w LOCATED A7 THIS SITE SHOWS NO SIGNS qF FAILURE AND AT THIS TIME IS FUN THE SYSTEM C,TIp? PROPERLY, AND MAY BE PLACED INTO USE. 7 SHALL IF THE SYSTEM SHOiJLP MAI.FUN? p? MI THE A TURF, IOF THE SYSTEM E E OWNERS RESPONSISIL(T TO APPLY FOR AN IM>aROVEMEN CTION AND FAIL T p MAINTAIN IVOR7 A PROPERLY OPERATING LAWS A D Rt_1LES GOVEF RING SANlD RSPOSAL Y WAsrEw TER / VIOLATATI ON C5F nIORT•H CAROLINA STATE, TREATMENT AND DISPOSAL. ? PATE' ", NcDENR aGE'fVT_ r MAR-21-2005 MON 11:25 TEL:9197336893 NAME:DWQ-WETLANDS Y } ?f 11 t QGA H x ? 11 O '?? M'L'! 2L? 6. L 7G • ? fi..M w.r«r i ]q?a Sd Irl: 7 g M?.C Sr?7?4 JN O.G. 7??. ?c. zi S t 41 rvr t 774 v w ?' A FYI y`a S[>ZX 1 r«?,,. IK f? /a •. r 5a y l ?' R/w_ .rte- Al l c.? N N r Ft S .?wvr r iar s w+• r • ua* ?, s.4d; sa rt River r,,.r .•r •..r r P. 6 DWQrWARO Fax:252-946-9215 i Mar 21 '05 _ 112.30 P.07 NA MAR-21-2005 MON 11:25 TEL:9197336893 NAME:DWO-WETLANDS P. 7 w a 00 0 r° 1 7-4 Lr) 0 N 77- 0 Q R (3 Q e k, Ioswd Jon 02 2W #250.00. $tot* of MUM North Carolir?s C•w+ty Reel Lrvt st a Excive Tax NORTH CAROLINA PAMLICO COUNTY FILED h PllMICD Ceunt . NC M .kn 02 2041 of AM FMSTER OF OEM BOOK 413 PAGE 676 WARRANTY DEED THIS DEED, made and entered into this 2nd day of January, 2004, by and between JAMES WAYNE MURPHY and wife, CYNTHIA K. MURPHY, hereinafter called "grantors", and JOHN G. GALLAGHER and wife, DOROTHY A. GALLAGHER, 215 Inner Circle, Maxwell AFB, AL 36113, hereinafter called "grantees"; W I T N E S S E T H: That grantors, for and in consideration of the sum of ten dollars and other good and valuable considerations to them in hand paid, the receipt at which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and convey to the said John G. Gallagher and wife, Dorothy A. Gallagher.' and"their-....heirs--and-as signs, _ a. certain lpt or parcel of land in Number Five (5) Township, Pamlico County, North Carolina, particularly described as follows: Being that lot containing 19,068 Sq Ft as shown on that map entitled "ReSurvey of 21,552 Sq. Ft. in Two Parcels NCSR #1302 for John G. + Dorothy A. Gallagher", prepared by Jerry R. Ryan, r.--G__`.-....._I 7..,.a ?.....------- -3- s. ..a n........-...ti... - N 0 W 3 i O 0 W 7 z m W n M N m m J W z 0 z Ul) CD CD N z 11c1111.1 PQlU, 1.114" LCC.:C.LVL UL W111.1:/1 ytS 11CLCNY d1:1LLLVw_Lt::U9CLt, 11ctVC bargained and sold, and by these presents do bargain, sell and convey to the said John G. Gallagher and wife, Dorothy A. Gallagher, and their heirs and assigns, a certain lot or parcel °' ' of land in Number Five (5) Township, Pamlico County, North o CL-! Carolina, particularly described as follows: Being that lot containing 19,068 Sq Ft as shown on that map entitled "ReSurvey of 21,552 Sq. Ft. -cv - --- - _ in Two Parcels NCSR #1302 for John G. + Dorothy A. Gallagher", prepared-by Jerry R. Ryan, I Professional Land Surveyor, dated December 2, of 2003, which survey map is attached hereto and incorporated herein by reference. .-, ('4 L_ This conveyance is made subject to the Restrictive Covenants contained in the deed to r Ray Parsons, Sr. dated November 29, 1988 and recorded in Deed Book 257 at page 122, Pamlico County Registry. Said land was conveyed to James Wayne Murphy and uo`•. wife, Cynthia K. Murphy by Raymond A. Parsons, Jr., Trustee of the Raymond A. Parsons, Jr. Revocable Trust dated September 7, 1995, by deed ?IT? dated August 13, 1996. rni Ni ?U-) TO HAVE AND TO HOLD the aforesaid lot or parcel of I land, together with all privileges and appurtenances thereunto belonging, to the said John G. Gallagher and wife, Dorothy A. Gallagher and their heirs and assigns, in fee simple forever. i Arid grantors, for themselves, their executors and administrators, covenant with grantees and their heirs and signs`, that--the are- eized of__said-__ remises in fee; that they M. C3 Preparedby HCUOWELL & HOl,l MVELL, LLP RETURNED TO ?I Q :attorney, ar Law DATE RETURNFr, f Bayborn, North Camlinn _°85i 5 f- V?T m W cn 0 3 c? 3 z m m lD h') r? m m w H W N ci ai z 0 U) 0 CD N i N i a! DWOiWARO Fax:252-946-9215 Mar 21 '05 12:31 P.10 ?I 1! THE PROPERTY Srom DOES FALL TMTmm THE FEDERAL. FLOW INSURANCE RATE MAP ONE HUNDRED (100) YEAR FLOW PLAw. REFERENCE RCSTPJCT1VE COVENANTS FOR RESTRICTIONS AND EASEMENTS THAT MAY APPLY. LEGEND a? - ?rroi., wa¢ roues IPS - IRON PIPE SET rQ - POWER POLE w/ OVERHEAD UTIUMS I, i Dawson Greek Norval Hio Water Lhe 5 882331' E ,L Coastal Nrsn X24 li L t308 1307 131p 1306 I LOCATION N ? ? o ?q a?8 sQ Ft , at 1e.Q. J t. $ D.B. 413. PG. 678 . ti Lot 3 - Unmaed -4.bdvluon N T• tr 6 250 Sq ft Zar 2 •±' rnrxaactntutt -,, ` S _ l_ti A ?? : ~ " Steps I --tttt i sc . u - -,... Porch .. 75 CAMA CA........, x Proposed DwelOYlg M Drive Property cf OC+IJaslalt L. f Emma C. Caney 53.0' U D O. 316 PG 365 O O 1 x 90.1' Porch 7.5 ' M o y G I ?u steps - - ------------------ Ter* o Approx 10C8tim se. Drarfteld ------------ - -- . -.. - • lle• Frpet was f{0!sntaAt ' - pAM ^' Overheed Ut/tbs DetTrpe? - Rehr Res i 1v 584'37.42-r 774.53' 120.00 et --------- - _ - - -. w Sea o5'oo- W 5 ears o0 rr j_ - 90.40' I 1 1 {N zl lp Edga Of Pavsmrit Go- R/W Jv - _ u O 0 17 fi k _ NGSR #1302 1o i$ c ?><ipe rae Edge of Paventcet { r, 1 Tie. Corner to rr N 46-2841' W Liz- 9 86.41.24• W N 138 0x00 ?g . _ . ' ` Bp.52' 120.00' 00 E. 02 35 16.29' Mr.- x b>iq bo' w 484 5q P•t 2 . GMMPATE Of &EVEY AND ACCLtp4C N 68'31'0I• Y l 1errY-R RYm twrLfy that ttw plot ras &~ order sty sspervWd* fray m aetyal Mrvey tttada utdar ay I6*a'Vts4e. that the ratio of prooWom b L35.000•. that the pat meets the moan statdards for tad avrvc)4V in North Groan as aranded that the boLttciarlas rot suvayed are show as $ broken ital. that ore0s ore by wordlttete C,&6mtba Wks's shops othervbe. that this survey 1, of as mdsthp Parcel of la d as dasr?bad try OeedCs) ssd/or PbtCs3 shun haraaL A WrAtesa ry Sgmtre sad Sed t%tttt lttltrrrrrr' N LtYs Zad Day of Dtcaroar. 2003. ''?.?•tt,CARO?/ ?,, SEAL I L-3302 SunvCYOrc ''r?rnuuttItut c MAR-21-2005 MON 11:26 TEL:9197336893 tV Wow u41 Nduse River.. Ra5urvey of 21.552 5q. rt. in Two Parcels 3679 imsero Road - Aropd+os 28510 far John G. + Dorothy A. Gallagher w.v--ww r+o. a PAMIGO rl Ty .Y6R77t GAROLNA t Platy 'n7OD AtlantlG 5.",By + 1Jeslarl. PA •v?Y, I2/2lOJ No 4127-3102 1305 Country Ckrb Road _ .. _ Now acr-m florth Garolra . @ NAME:DWO-WETLANDS P. 10