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HomeMy WebLinkAbout20040228 Ver 1_Complete File_20050306vaiiances 70 8-Mar kb as gen maj 28-Mar Bea ort Marshall Taylor Issue-w/cond or estoration) 04-02 2-Mar tas tas gen maj 28-Mar Pamlico ert,Mendell Issue-MOD for error on ginal app „?? ?i?Qi?nns ?•a? pr o0? WA 711919 v `? r O < March 29, 2005 DWQ Project # 04-0228 Pamlico County Robert and Suzanne Mendell 8521 Minerva Court Vienna, VA 22182 Subject Property Lot 27 and 28, Neuse Winds S/D, Orchard Point Road , Oriental, NC Orchard Creek [03-04-10; 27-134, SA HQW (High Quality Water), NSW (Nutrient Sensitive Water) APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by the Coastal Area Management Act with Additional Conditions. Dear Mr. Mendell, A request submitted by Mr. Dennis Forties of Dennis Forties and Associates Professional Land Surveying to this office requesting a modification to the Approval to use the General Major Variance has been received and reviewed by this office. The Washington Regional Office of the Division of Water Quality will allow an increase in riparian buffer impacts from the 745 square feet of Zone II as requested in a DWQ letter dated 27 April 2004, to 1183 of Zone II impacts as indicated in plans submitted by Mr. Forties. The Washington Region realizes that this was a miscalculation in the initial application and will approve this increase request. Please note that this approval allows only the increase of 438 square feet as requested. Also, all of the permit conditions that were clearly stated in the initial approval document dated 27 April, 2004 are still to be adhered to. Failure to adhere to permit conditions may result in enforcement actions or referrals for civil penalties. If you have any questions about this transmission, please call Tom Steffens at 252-948-3920 or Kyle Barnes at 252-94803917. Enc/ Certificate of Completion Approval letter Cc: P;VQ/WaRO Variance files ?DWQ/ Central Office/ Cyndi Karoly Central Files N. C. Division of Water Oualitv 1617 Mail Service Center Raieiah. NC 27699-1617 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 APR D a 1 2005 WETLA D` NR • WATER QUALITY ;VC;; AND STORMWA LI B W" f9191 733-7015 NCDEKR Customer Service f, Dennis Fornes & Associates Professional Land Surveying Boundary Surveys Flood Insurance Surveys 404 Wetland Surveys Construction Surveying Subdivision Design & Surveys Computer Mapping & Drafting February 21, 2005 Ms Cyndi Karoly, Supervisor 401 Oversight Unit 1650 Mail Service Center Raleigh, N.C. 27699-1650 Subject: DWQ Project # 04-0228 Pamlico County./ Robert & Lots 27 & 28 Neuse Winds Dear Ms. Karoly: Telephone. (252) 249-0488, Day or Night Fax Line: (252) 249-2052 E-illaih dafornes@coastaluet.coin #&@&# !4# FEB 2 5 2005 nANDS? SrpQ??17Y gR4A H Suzanne Mendell I am writing on behalf of Robert & Suzanne Mendell relative to the above subject matter and am requesting an amendment to the named DWQ Project # 04-0228. The requested admendment has become necessary due to an error in the original application that incorrectly detailed the size and configuration of the proposed home site planned for this property. I am submitting a revised drawing that has corrected this error. As you will note from the drawing, the Mendell's are requesting a total encroachment onto zone two of the Riparian buffers of 1183 square feet for the purpose of constructing a residential dwelling, and appurtenant decks, porches, and steps. Apparently, during the original submittal process, an inadvertent error was made in platting the proposed home site. DWQ letter dated April 27, 2004 reflects an impact of approximately 745 square feet onto zone two of the buffers. Unfortunately this is incorrect and needs to be amended to reflect the 1183 square feet as stated above and as reflected on the included plat. Hopefully, the corrected plat which properly reflects the structure that the Mendell's have always intended to construct on this property will be adequate to amend the original submittal and allow this project to proceed now. On the other hand, if more information would better enable your office to expedite this matter, we stand ready to supply such upon your direction. Thank you for your assistance in this matter. This came as construction on this home site was about to begin. Needless to say the Mendell's are very concerned about this and hope that the issue can be resolved quickly so that their building contractor will be able to proceed. Any advice you can give us on expediting this matter quickly will be greatly appreciated. Sincerely, Dennis Fornes,PLS Representing: Robert & Suzanne Mendell Copies: Mr. Tom Steffens Washington Regional Office Robert & Suzanne Mendell o Stuart Hardy Construction Co. 1140 Broad Creek Road New Bern, N.C. micnaei r. casiey, governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality April 27, 2004 DWQ Project # 04-0228 Pamlico County Page 1 of 2 Robert and Suzanne Mendell 8521 Minerva Court Vienna, VA 22182 Subject Property: Lot 27 & 28, Neuse Winds S/D, Orchard Point Road, Oriental, NC Orchard Creek [03-04-10, 27-134, SA HQW (high quality) NSW (nutrient sensitive)] APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS Dear Mr. & Mrs. Mendell: You have our approval, in accordance with the conditions listed below, to impact approximately 745 square feet (ft2) of Zone 2 of the protected riparian buffers for the purpose of constructing a,.residential dwelling, porch and steps on the subject property as described within your application dated January 26, 2004 received by the NC Division of Water Quality (DWQ) Wetlands/401 Unit office on February 16, 2004 and April 5, 2004. 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 only valid 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. For this approval to be valid, you must follow the conditions listed below. Conditions: 1. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 2. Diffuse Flow All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-erosive velocities prior to entering the protected riparian buffers as identified within 15A NCAC 2B .0233(5). No new ditching or piping of stormwater through the protected buffers is allowed. 3. 'Protective Fencing North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwetiands/ Robert & Suzanne Mendell Page 2 of 2 April 27, 2004 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. This fencing shall be installed prior to any land disturbing activities to ensure compliance with 15A NCAC 213.0233. The protective fencing should be removed once construction is complete. 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 2B .0233 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Mr. Tom Steffens at 252-946-6481 if you have any questions or require copies of our rules or procedural materials. Attachments: Coastal General Variance Certificate of Completion cc: Jerry Ryan, Atlantic Survey & Design, 302 South Front Street, PO Box 770, New Bern, NC 28563 Tom Steffens, DWQ Washington Regional Office Stephen Lane, DCM Morehead City District Office File copy Central Files DWQ Project No. 04-0228 April 27, 2004 bz Sincerely, MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS stephen lane roger thorpe Facility Name Robert & Suzanne Mendell County Pamlico Project Number 04 0228 County2 Recvd From APP Region Washington Received Date 2/16/04 Recvd By Region Project Type single family residence Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet - - Type Type Impact Score Index Prim. Supp. Basin Req. Req. FN _BR rBuffers O Y _0N ? 27-134 SA NSWHQ 30,410. F- ? r? ?- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? O Y Have Project Changes/Conditions Been Discussed With Applicant? O Y Is Mitigation required? O Y OQ N 14, 0 ????RqV SZ00V ?i?ysFe^ Doti ON ON Recommendation: Q Issue Q ISSue/Cond Q Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Warp-re cGmmends=mar f !Genefaf-Allaa Vada? 4or 745 square feet of impacts in Zone 2 fQ,r the subject pro y - SQL 4/1/04 cc: Regional Office Central Office Page Number 1 Alantic Survey & Design, PA (252) 633-6649 . 302 South Front St. . PO Box 770, New Bern, NC 28563 . Fax 514-2858 WETLANDS/401 GROUP DATE: January 26, 2004 FEB 1 6 2004 RECEIVED TO: Tom Steffens WATER QUALITY SECTIOiV JAN 2 9 2004 NCDWQ 401 Wetlands Unit 943 Washington Square Mall ??_??? Washington, NC 27889 040228 FROM: Jerry R. Ryan, PLS SUBJECT: General Variance Request 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 property owner addressed on form. Thanks Email; asdmail@earthlink.net OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality "General" Major Variance Request Fore-L 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 Environment Management Commission on 5/9/2001) Please identify which Riparian Area Protection Rule applies. Neuse 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 0213.0259) 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. Applicant's name (the corporation, individual, etc. who owns the property): Robert and Suzanne Mendell 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Robert and Suzanne Mendell Title: Owner Street address: 8521 Minerva Court City, State, Zip: Vienna, VA 22182 Telephone: 7( 03 ) 876-9319 Fax: 3. Contact person who can answer questions about the proposed project: Name: Jerry Ryan Telephone: ( 252 ) 633-6649 Fax: ! 252) 514-2858 Email: asdmail(@earthlink.net 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.): Lot 27 & 28. Neuse Winds 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: Orchard Point Road Oriental, NC 28571 Pamlico 35°03'31" -76038'24" 6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the USGS topographic map indicating the location of the site): t?,? ?rG/asYvo'" US 17, south on NC 55, left onto NCSR 1322, right onto NCSR 1321, right onto NCSR 1317, 1.7 mile +/- to Neuse Drive, right onto Bright Lane, left onto Orchard Point Road, on right near end of Road 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest stream): Orchard Creek Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: 0315 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received No Yes No No No Yes 6/30/99 No No No No Permit Type: CAMA Major CAMA Minor 401 Certification/404 Permit On-site Wastewater Permit NPDES Permit (including stormwater) Non-discharge Permit Water Supply Watershed Variance Others (specify) Part 2: Proposed Activity (Please include attachments if the room provided is insufficient.) 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 W.]: 745 Sp. Ft. encroachment into Zone 2 (includes dwelling, porch, & steps) as shown on attached plat. 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 small and restricted for alternate plan General Variance Application Form, page 2 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.): Maintain Silt fence during land disturbance and re-vegetation of grasses and new landscape plants as soon as possible 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. 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. Refer back to question 2 and enclosed plat 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 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): Jerry Ryan, Atlantic Survey & Desiqn, PA Mailing address: PO Box 770 City, State, Zip: New Bern Telephone: 252 633-6649 Fax: 252 514-2858 Email: asdmail earthlink.net Part 5: Applicant's Certification I, Robert and Suzanne Mendell, 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: --,e' Acient f6r?3wners General Variance Application Form, page 3 a pz?W,ICO COUNTY ON-SITE WASTEWATER SYSTEM OPERATION PERMIT nWNER_ ADDRESS: IMANUFACTURED T; -Q 9 TE ID # ?F5-10,:a9 CAPACITY (GAL) ?9GI? Gn EFFLUENT FILTER7dl W /06 BAFFLE SEALENT MANUFACTURED STATE ID # CAPACITY (GAL) r"-.CTRICAL ENCLOSURE CHECK VALVE RECIRC. VALVE ON-OFF-ALARM FLOATS ELECTRICAL COMPONENTS RATE (GPM) MANUFACTURER PUMP MODEL # 01 IAAP RFMnVAI_ PERMIT NUMBER: CONTRACTOR/INSTALLER, PROPERTY /D NUMBER: evt -7?- 2$' I WASTEWATER SYSTEM TYPE: jy o? ?l?'l ¦nnrn .? . 9Q DISTRIBUTION BOX q_ SURFACE DRAIN 479 PRESSURE MANIFOLD SUBSURFACE DRAIN - 9-09 TURN-UP DEPTH OF COVER j?; _ ? . TAPS FINISH GRADEISTABILIZtO 6 - 99 SUPPLY LINES GRASS SEED ' -29-0 OTHER' WIDTH SYSTEM SETBACKS gD"ov LENGTH 3X /00' 6 ?9 ¢ 9 LEGAL- DOCUMENTS SPACING 9O C L-19-99 MAINTENANCE ENTITY/OPERATOR TRENCH GRADE 6- V-¢9 ELECTRICAL INSPECTION GRAVEL TYPEISIZE 6-a -IIV. AUTHORIZATION TO CONSTRUCT - -?? GRAVEL DEPTH 9-99 REPAIR AREA ell? PRESSURE LATERAL THIS SEPTIC SYSTEM IS PERMIT7TED FOR HOLE SPACING GALLONS/DAY HOLE SIZE FINAL APPROVAL OF THIS SYSTEM SHALL INDICATE TURN-UPS/PROTECTORS THAT IT WAS INSTALLED IN ACCORDANCE WITH ALL 11, APPLICABLE LAWS, RULES, & PERMIT CONDITIONS MOUND HEIGHT MOUND LENGTH-WIDTH AUTHORIZED AGENT: =?- _9 FILL MATERIAL DATE. i ADDITIONAL FOR ALL SYSTEMS: LANDSCAPE SYSTEM AREA FOR SURFACE WATER RUNOFF AND GRASS DO NOT PLACE DRIVE OR ANY BUILDING OVER SYSTEM AREA OBSERVE ALL PROPER SETBACKS: ref 1950 TANKS MUST BE PUMPED CLEAN AS A PART OF ANY SYSTEM REPAIR. DISC NATURAL GROUND BEFORE. INSTALLATION OF ANY FILL ALARM & ON-OFF FLOATS ON PUMPS MUST BE ON SEPARATE CIRCUITS • IF BUILDING AREA EXTENDS INTO SYSTEM AREA THIS PERMIT WILL BE INVALID * IF ANY OTHER REGULATORY AGENCY DENIES PERMITS FOR LAND ALTERATIONS.AS DESCRIBED HEREIN, THIS PERMIT WILL BE INVALID PLOT PLAN MUST NOT BE.ALTERED UNLESS BY SANITARIAN APPROVAL **:e?:***:,e:?t:s«?R::?:Rf+?ett?•w PLOT PLAN +?t:s:::st;r+ra+t:,ts*:sei#** ??f r-_ Lg 19 _ q DATE /DAVID- 4. STEYN ENVIRONMENTAL HEALTH SPECIALIST ALL SEPTIC SYSTEMS MUST BE INSPECTED & RECEIVE APPROVAL BY THE LOCAL HEALTH DEPARTMENT BEFORE-BEING COVERED OR PLACED INTO USE AND NO ELECTRICAL CONNECTION SHALL BE ALLOWED UNTIL APPROVAL HAS BEEN RECEIVED. (GS 130A) A PLOT PLAN (TO SCALE) SHOWING ALL BUILDINGS, DRIVEWAYS, WATER LINES & SEPTIC SYSTEM LOCATIONS MUST BE APPROVED BY THE ENVIRONMENTAL HEALTH DEPARTMENT PRIOR TO RECEIVING 'A BUILDING PERMIT'. r PAMLICO COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH SECTION BAYBORO, NORTH CAROLINA 28515 IttP EMENTSPERMIT Permit valid for 5 years ISSUED TO:-ff. L $•tenhepsop PERMIT # ADDRESS: P. 0. Box 188 =0 ent NC 28571 RECORD MAP •# K 03-72-28 REGISTERED PLAT: MAP REGISTERED DEED: DEED BOOK BOOK NA N PAGE NA DATE NA A PAGE NA DATE NA SUBDIVISION: Reuse Wi nds S /D TOWN: Oriental LOT 4 28 LOCATION DIRECTIONS SR 1317 See Snhdiviainn o??+ THIS PERMIT IS HEREBY ISSUED TO SERVE A: HOUSE (XXX) MOBILE HOME ( ) OTHER # B ED ROOMS : ,__-I______ . # FA CTO RS WATER SUPPLY: (X) PUBLIC 10 feet OR ( ) PRIVATE Feet from any part of septic system SITE CLASSIFICATION: ( ) SUITABLE (XXX) PROVISIONALLY SUITABLE LAND DRAINAGE: ( ) SUGGESTED ( ) NECESSARY ( } DITCH NECESSARY (. ) SUB-SURFACE TILE NECESSARY set deep and ( ) TRENCH ROCKED TO WITHIN 11OF GROUND.SURFACE and ( ) WITH POLYURITHANE CURTAIN: FRENCH DRAIN and.( ) FINISHED AT OUTFALL W/ SOLID PIPE & SCREEN *** and (.. ) FINISHED AT OUTFALL W/ CHECK VALVE If land drainage is necessary, you any need to contact CAMA or The Army Corps of Engineers for appropriate Permits DESIGN:( ) LOCATION OPTIONAL (XXX)"LOCATION AS SPECIFIED ON PLOT PLAN ( ) CONVENTIONAL SYSTEM:(ref.1955) 18"X 3'trench, rock 12"deep (XXX) LINE SPACING nitrification lines on 10 'centers (XXX) SHALLOW SYSTEM:(ref.1956) trench 3?_ wide rock 12"deep, *** add fill = 6" soil cover, rock to natural ground surface { ) MOUND SYSTEM:(ref.1950b) trench 18" deep & to wide in 6?..,..= suitofablFILLe pumpenecessary if unable toy part of system *;* If fill material is prescribed gravity feed of Engineers or CANA for a you may need to contact The Army Corps Repair (XXX) LPP SYYSTEM:(ref.1957)psee comments permits criteria ( ) BED SYSTEM:(ref.1955d) see comments for design criteria ( ) OFF-SITE DISPOSAL:(ref.1957) see comments for design notes 1000 Qal SEPTIC TANK 1000 gal PUMP TANK for REPAIR 900 SQUARE FEET NITRIFICATION FIELD or NITRIFICATION BED 300 LINEAR FEET NITRIFICATION LINE; 3 (100')reaair4(1001 (XX) COMMENTS: nFuRvar.. { } COMMENTS! • !i0[JNDE SXSTEX .• HEIGHT BASAL AREA CROWN AREA: _ X 8M z ? ?Ixo Soak Page RECEIVED 0331 .0840 NORTH CAROLINA PAML1co courfr le JAN 2 9 2004 04/06/98 1344 PM PAMLICO COUNTY aorta a. CxR1 W J Aaylster Ot Deeds DWQ-WARD THIS DEEDS made and entered into this 20th day of March, 19981,,by and between C. ALLEN PROPST, JR. and,wife, ANGELA P. PROPST,'hereinafter called "grantors", and ROBERT V. MENDELL and wife,'SUZANNE E. MENDELL, 8521'Minerva Court, Vienna, Virginia '22182,-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 of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and convey to"the said Robert V. Mendell and•wife, Suzanne E. Mendell and their.heirs and assigns, a certain lot or parcel of land in .Number Two (2J Township,'Pamlico county, North Carolina, particularly : describecr asfollows ,. " +o?'Numbered.Twenty-Seven;,27).which is-shown on the map entitled "PLAN"OF'NEUSE`WINDS",.prepared by Herbert J. r :(Josh),.Nobles;'Jr., RLS, which is recorded in Plat Cabinet A,'Slide 43-7'4Pamlico County.Registry. Said lot is " also; shown on asurvey' and map .prepared by Matthews &.-Blizzard Surveying PLLC, dated March 5, 1998, entitled""SURVEY; FOR ROBERT V'..MENDELL SUZANNE E. MENDELL" ' .copy .'of which >is attached hereto and `incorporated herein by reference. Said lot is subject to the Restrictive Covenants dated June 29, 1989, recorded in Book 261 at•page 61,'(re recorded in Book 268 at page 531), Pamlico County Registry, and the amendments thereto-recorded in Book '265 at pa e.26, Book 273 at a 0'748, Book 311 at page :822;and oo at-` e 3 said. registry, and the ,Subdivisa.on. ree sclosure Statement dated July.l9, 1989,°: recorded in'Book. 261 at page 388, said' registry. ;.,"_WEXCEPTING all utility easements of record. TO HAVE AND TO HOLD the aforesaid lot or'parcel of land, together with a]ll privileges.and appurtenances thereunto •belonging, to the said Robert V. Mendell and wife, Suzanne E. Mendell?and-:their heirs and assigns,"in fee simple forever. t And grantors•for themselves,',their executors and- ' administrators, covenant with grantees and their heirs and assigns, that.they are seized of said premises in fee; that they have a perfect right to convey the same in fee simple; that the same are free.and clear of all encumbrances whatsoever, except :those hereinabove stated;.and that they. will warrant and defend the title to the same against the'lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, grantors have hereunto set their hands and'adopted`'as their seals the,typewritten word "SEAL" appearing beside each name, the:day•and year first above written. ty . U_ h\ NN s BWk page 0323 ' 0708 NORTH CAROLINA FlilQ.1UZDDUItTY Rc PAMLICO COUNTY 06/17/97. 2:07 PX , JOYCE. E. CARAW]Ji Roylst4c Of Deeds THIS DEED, made and 'entered into this 4th day of June, 1997, by.;and between C,`ALLEN PRAPST, JR.and.wife,.ANGELA P. PROPST, hereinafter called grantors ROBERT V. MENDELL and wife, SUZANNE E.:MENDELL,','8521 Minerva Court, Vienna, Virginia 22182,;hereinafter called "grantees,"; I]aEfiEFA TH: .;;:'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'of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and convey to the said Robert V. Mendell and wife, Suzanne E. Mendell,.and thei'r.heirs and assigns, a certain lot or parcel of land in Number Two (2) Township, Pamlico County, North Carolina, particularly described as follows: Lot: Number- Twenty-Eight. (28) which is shown on the map entitled "PLAN OF NEUSF. WINDS",iprepared by Herbert J. (Josh) Nobles',-'-Jr., RLS, which is recorded in Plat Cabinet A, .Slide : 43-7,/ Pamlico County Registry. Said lot'°is`also shown on the map entitled "SURVEY. FOR ROBERT V.._MENDELL, -SUZANNE E. MENDELh",,prepared by t;Matthews:.& Blizzard. Surveying'PLLC,'dated-May 19, 1997, 'copy:ofjwhich:is-attached hereto and incorporated' herein, This conveyanc4`is made subject-to the Declaration of ". Covenants•dated.June'291?.1989 and recorded in,BOOk 261 °o - at Page 61°'(re-recorded'in Book 268, Page 531)•, Pamlico . .County Registry,' and the amendments thereto recorded in . Book.265 at Page 26, Book 273-at Page 748, Book 311 at `.Page 822,:;and-Book 313;.at Page 239,• said registry, and ' the:Subdivision'Street Disclosure Statement recorded in Book.261 at Page 388,, said registry. IN?ADDITION,.said lot is subject-to certain' g. provisions of.-the Declaration'of Covenants recorded in Book 313 at. ','.::Page 243, Pamlico. County.Registryo a s Grantors reserve in themselves, their heirs and assigns,°a•perpetual', non-exclusive easement ten feet ,,width -for' the purpose,?of . installing and maintaining aw underground sewage; disposal line over that area designated on the `attached map as-0101. SEWER EASEMENT ` FROM,LOT`27`T0>LOT' 30" TO HAVE 'AND 'TO'HOLD the aforesaid lot or parcel-of u ld,_together`with all privileges and appurtenances thereunto belonging, to the said Robert V. Mendell and wife, Suzanne E. re Mendell, and their heirs and assigns, in fee simple forever. t umm 5Y 1 ATTORNEYS AT IAW MOBANC 28$l$ ?? cV V r