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HomeMy WebLinkAbout20051751 Ver 1_Complete File_20050914y AT? A NCDENR North Carolina Department of Environment and Natural Resources r%*, ' ' of Water Qualit Michael F. Easley, Governor Alan W. Klimek, P.E., Director November 23, 2005 DWQ Project # 05-1751 Pamlico County 0 ?I Mr. Larry A Schreier Mrs. Janet R. Schreier NOV 2 0 2005 6690 Holiday Road Buford, GA 30518-1471 DENR-WAS Certified Mail #7005 1820 0002 4630 4662 5? Subject Property: Lot 56, Oriental Plantation Neuse River Basin 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. Schreier: You have our approval, in accordance with the conditions listed below, to impact approximately 478 square feet (ft2) of Zone 2 of the protected riparian buffers for the purpose of constructing dwelling on the subject property as described within your application dated September 5, 2005 and received by the Division of Water Quality on September 14, 2005. This letter shall act as your approval for the use. of the "General" Major Variance; From the Neuse River Riparian Buffer Rules for the Construction of 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 in five years from the date of this letter. 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 plat thereby assuming responsibility for complying with all conditions. This approval requires you to follow the conditions listed below. NCaENR N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone (252) 946-6481 FAX (252) 946-9215 VIO W" y Wiiliam r, Ross Jr Secretary An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 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 401/Wetlands Unit, North Carolina Division of Water Quality, 943 Washington Square Mall, Washington, NC 27889. 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 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 to: 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 contact Kyle Barnes at 252-948-3917 if you have any questions or require copies of our rules or procedural materials. ZHo 'cerelAge/ pervisor . Division of Water Quality =--Surface Water-Protection Washington Regional Office Enclosures: Certificate of Completion Plat (drawing of impacts) cc: DWQ WaRO Regional Office DWQ Central Office, Cyndi Karoly Central Files Pamlico County Building-Inspections CAMA Morehead City dft N + a a .v i 1 1 " MP d? ? f For Rafa cwt PC A, SE&65-2 .nnzs?, ?ss?o •? MRena of redzion Way Calc?ele? at 1:19,Of1?- Thu surm is of an pffc t \ curd da+ca acd` wosala a e Ma or a&mzg?e mi e•astg Sarvcyor has ma?a ? mdc?v?ardart scare& or iM.* iotc jbr1V~ -way or,ejua rtm or of recur d for3bv^ _ lh?fiway? l°wblir?7tiFr?iea?ro?rhir , Rs+bi 6w Ca mmmir, OWJU7Whi .Vgk er MV 10ASr fa* that may be rwdaw dby afaUaad ac=rde MemanA d 1Z'- Exbftbw Pipe FCM JffX4AV CM NpfwSoPvj4dF nd Zone two impact 478 sq.ft. ???aL3Cy&`r?. SO' 0' $Q' .100' Scale: I" M 50' Mark R.. Lee Ba . G,, Warren Professional Lend Surveyor J?ryCynthia A .Warren P.U. Box 303, Ara A 2?C 2514 • T& Wf4 Lot 56 swveyo aMlk&nd aa IMUR ,, __UWAWN IM x,i.. ,Q -xvrc j.ML Townsk4o 92r PaMUAM Cortt?yr JYOFJ* CtYTOUna 2005 T» k. 050703 variance letters - Subject: variance letters From: Kyle Barnes <Kyle.Barnes@ncmail.net> Date: Mon, 31 Oct 2005 15:31:47 -0500 To: Ian McMillan <ian.mcmillan@ncmail.net> These were written today: 05-1571 Bond Creek Estates Lot #12 Beaufort 08/16/05 09/21/05 request for sq.footage on application tp/gmv Hod: lette 9/2 05, Issued normal conditions 05-1751 Oriental Plantation lot #56 pamlico 09/14/05 10/31/05 NBR/GMV Hold for more information KB 1 of 1 10/31/2005 3:39 PM REALTY, INC. 119Sales- Property Management • Appraisals* Development September 13, 2005 Kyle Barnes, Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 cc: Diane Edwards, Division of Water Quality .2321 Crabtree Blvd: Raleith, N.C. 27604-2260 20051 7 5 1 Re: "General" Major Variance Application Form for Larry A. Schreier. Dear Kyle: Enclosed please find the form referenced above. If you need further information concerning-this application, do not hesitate to call. I.can also be available to go to the property with you when you come to inspect it. Thank you for your consideration in this matter. SSincerely, Charles Carpenter Mariner Realty 6 ?2_ _._ tom` x., j S C P 2005 Post Office Box 750 • Oriental, North Carolina 28571 • (252) 249-1014 www.orientalncwaterfront.com ® Printed on recycled paper 800-347-8246 OFFICE USE ONLY: Date Received _ Request # State of North Carolina Department of Environment and Natural Resources m -2 0 Division of Water Quality d 1 ?' "General" Major Variance Application Form - From the Neuse and Tar Pamlico Riparian Buffer Protection Pules 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 51912001) Please identify which Riparian Area Protection Rule applies. U 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 4011Wedands Certification Unit, 11650 Mail Service Center, Raleigh, NC 27699-16501, 919-733-1786 to constitute 'a complete submittal. This form may be photocopied for use as an original. Part 1: General Information` ` a 5 (Please include attachments if the room provided is insufficient) 1. Applicant's name (the corporation, individual, etc. who owns the property): S E- 1 4 2005 Larry A. .and Janet R. Schreier 2.. Print Owner/Signing Official (person legally responsible for-the property and its comptiande) Name: Larry A. Schreier __...._-....___._. Title: owner Street address: 690 HolidaX_Road City, State, Zip: Buford, GA. 30518-1471 Telephone: t 770 ;614-1392 Fax: 3. Contact person who can answer questions about the proposed project: Name: Charles Car_penterMariner_Real Telephone: (8001 347-8246 Fax: ( 252 Email: WMariner@pamlico. comr_? "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.): Oriental Plantation 5. Project Location: Street address: 31 Windv Court City, State, Zip: Oriental, NC 28571 County: Pamlico _ ^^ ----- _ -~y _ Latitude/longitude: 3502' 36" N _76-421_4 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): Intersection of Route- 55 _and_SR 1005 north of-Oriental. NC West on SR 1005 for 0.8 miles to Plantation Parkway -------- -------- -------------------- - L_eft_on Plantation_Parkway1or_0-.5 miles _to_Windy Court__ Lefton `Windy_Court = Lot #56 is second lot on the left. 7. Stream'to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Smith Creek _ Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]:.__ U,&-NCa 2a.. 0aU ------------------ 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 6LLIZ96 On-site Wastewater Permit 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 of buffer impact in ft2.: Construction of a_ho_m_e on Lot #56 in Oriental Plantation._ The__proRpsed hom_e _(i_n_cluding_all_decksrage2_etc J will _impact? _ 2000,s_quare feet of Ri?arian_Buffer ?Zone II. There will ----------------------------------- - --------------------------- - --------- 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 Mi area that is not affected by the Riparian _Buffer-Zones and_the septic system is not large _enough _to construct a home of sufficient-size. ---------- - -- 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.): T_he_ water _runoff from the roof will 'be _diverted t_o_ the side of_t_he. home away -from the buffer zones t_o_ allow a_s_much _ diffuse flow as nossib_le before er?teriniz Smith Creek.There _will be vario_us_ ty_pe_s_ o_f _plantings around the home to increase diffuse flow of water. - - 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. Strict_application of the buffer rules will make it ijnp.2_qsibLle to construct a home of reasonable size on this lot. (2) How these difficulties or hardships result from conditions that are unique to the property involved. _The Riparian Buffer Zones and the septic system comprise a large portion of 'the lot . _ __.. (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. Waterfront_prgaerty_..is-quite expensive. If the size of the _home that can J_e__C_QUat _UCted on .the_property is^not-_of reasonable size.-the -value of fih?lat_i ------------------------ ?._ ------------------_______----- ---- _._._____-------__._ -------- - Part 3: geed 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): Charles Carpenter _Mariner Realty Inc. Mailing address: PO Box _75.0__ --___-_-_W_ City, State, Zip: Oriental,_-NC _ 28571 Telephone: 800-347-8246 "General" Variance Application Form, page 3 Version 1: May 2001 Fax: 252-249-2700 Email: mariner@pamlico.com Part 5: Applicant's Certification I, _--Larry-A. schrei (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: owner NC Division of Water Quality (DWQ) 401 Wetlands Certification Unit 2321 Crabtree Blvd. (LOCATION) 1650 Mail Service Center (MAILING ADDRESS) Raloigh, NC 27699-1650 (91.9) 7331-9726 (phone) http:Nh2o.enr.sfate. tic..usinmetland=.' RAA.LEI+GI-i REGULATORY FIELD OFFICE_ US Army Corps of Engineers 6508 Falls of the Neuse- Road, Suite 120 Raleigh, North Carolina 27615 General Nurnbar: (9`19)876-84,41 t:1t,)://V,rww.saW.usaov.army.; raillareiIarids;r egtour.htni WASHINGTON RFGUI_ATORY FIELD OFFICE US Army Corps c-f Engjn+-.er.; Port officn Box 1000 %Nasttingtrri, North Carolina 278f;9-jQ0G General NUITIIX-T: 1232) 975-1615 hwo:ifwvm.s??w.usace.arrny.mflarids/reglour.hIn-i '11 aShinalon District Office Uivi:ii ).,.. o Coastal Mariarerneni 943 Washington 131-4L!are 10 all 11%lashinglon, NC 27889 phone: 252/946-6481 ivlorehead City District Office Division of Coastal I`,tlar-j aciement 151-6 Highway 24 V ?rlorehead City, NC 28557 phone: 2521308-2808 "General" Variance Application Form, page 4 Version 1: May 2001 ?- L-.o CGS ! 0w s Whirta , & r Pot pul r ` g 1 11` r . 4 N ?. ` EiP .? +Y 1a 4 a4 00 ,?yc? Psy?b `N83°07'*% 51.82 C D i- _ CL / 10 - - - r /. N Eip nu ...... 9W4S, , D / A / 30,4 ?t / j? Q00, jy 8 `482 97, O" ?y LL4 Notes: Eip For Reference see; PC A, Slide 65-2 moo"(' DB 291, PG 8911 `s2? de?Cr c" f n:.. V The Ratio of Precision Was Calculated at 1:10,000+ ?'- This Survey is of an Existing Parcd and does not create a new street or EPK change an egg one Surveyor has made no independent search or investigation for Rights-of -Way or Easements of recwrdforStreds, Highways, Public Utilities norforEncumbrances, Restrictive Covenants, Ownership, Title or any other fads that may be disclosed by a fill and accurate titlesearck 50' 0' 50' 100' Legend ' -EIP = EacistingIron Pipe ECM = Existing Concrete Monument Npf =No Point Found Scale: 1 50' oun ary Survey or Mark R. Lee Professional Land Surve or Baj • Wajf ren P.U. Box 303 Y ry aahoe fren Tele. (252 24 49 - 026 & n t Za A• Wa -# Wife, surveyor+@paminco.net Lot 56, OrknIal Plantation l WN BY: Jul 18 2005 MRL Township V, Pamlico County, North Carolina VISED' August 10, 2005 ° 050703 D -fie! N Eip ,• a .. .. .? oti9 A&L Asti 3 .. _ _ . _ Ak N83*C T`§"E 518? A. I& r a4 t (!1 , - i 0 all Eip 11!'" AACC „r'• D r,,, ...... • ........:..:. ,mar, 4 ? Oct? At i / h / .' X30 -• Notes: hl,? 0, For Reference See: PCA, Spade 65-2 DO 291, PG 890 77se Ratio ofPrecision Was C'd Mated at 1:10,000+ This &mYry is of an Existing Parcel and does not create a new street or change an exMing one Surveyor has made no independent search or investigation for Rights of -Wary or Easements of rewrd for Streets, HigkuWs, Public Utilities nor for Encumbrancer, Restrictive Covenantr, Ownership, 27tle or any other facts that may be disclosed by a fulf and accurate idle search EPK D 50• o• 501 100• Legend EIP - Firing Iron Pipe ECM - Existing Concrete Monument Npf No Point Found SCah: _1?! 50t . carve or onn Mark R. Lee Jz"r C.. VV" F*rAo Professional Land Surveyor P.O. Box 303 Arapah NC 28510 Tele. # (252 249 - 0226 surveyor aacmYiconet KAM 11 M .. July 18, 2005 _NiRL Aunust 29 2005 13013 A: 050703 Iff ho are ia . Warn n nt &Wife Lot 56.9 Oriental W Township #2, Pamlico County, North Carolina I?.??? Ob CID `93 SEP 17 -HM 8 41 X w JOYCE E. CARA'WAN c •0 L . REGISTER OF DEEDS BOOK PACEOM Q> x cc w PAMLICO COUNTY. N. t. Ary f NORTH CAROLINA , WARRANTY DEED PAMLICO COUNTY THIS DEED, made and entered into this the 27th day of August , =2 1993, by and between ORIENTAL PLANTATION, INC., a North Carolina 6t a ? Corporation with its principal office in New Bern, Craven County, • - a ?' v North Carolina , hereinafter referred to as Grantor and LARRY A. m-SCHREIER, and wife, JANET R. S.CHREIER, whose address is 2935 80210 z South Jackson Street Denver Colorado , hereinafter referred to as w Grantees; 0 C; W I T N E S S E T H: a -A That the Grantor, for a valuable consideration paid by the . .? H } Grantees, the receipt of which is hereby acknowledged has and b W , y these presents does grant, bargain, sell and convey unto the ` a a Grantees, their heirs and assigns, in fee simple, all that certain lot or parcel of land situated in Number Two (2) Township Pamlico 7 0 , Q County, North Carolina and more particularly described as follows: W Being all that certain tract or parcel of land lying and being ,in Number Two Township, Pamlico County, North m Carolina, and being more particularly described as 0 follows: M z All of Lot Na. 56, Oriental Plantation, Section 2 as i , said lot is shown on a map or plA 0 reco d d r c 2 t- a wU Za 4 ?h Lt C r e in Plat Cabinet A, Slide 65-2, Pamlico County Registry (said plat being a revision of the plat recorded in Plat Cabinet A, Slide 55-6, Pamlico County Registry), said map being incorporated herein by reference for a more complete description of said Lot No. 56. This conveyance is subject to all restrictive and protective covenants and conditions of record, as amended. TO HAVE AND TO HOLD the aforesaid lot or-parcel of land and all privileges and appurtenances thereto belonging to the Grantees 12979 . ?.+? : ?. '••.!r• ,n,,f rat; -. •J? +(? L? s• •' * S n,t l J• r. ' .f, i :' fir; ME X `93 SEP 17 - flN 8 41 ca ca 00 co a? JOYCE E. CARAWAN . c'X REGISTER OF DEEDS BOOK P.A?ES'0 oc w PAMLICO COUNTY, N. 0. NORTH CAROLINA , WARRANT Y DEED PAMLICO COUNTY 00.,. THIS DEED, made and entered into this the 27th day of August, _ < _z 1993, by and between ORIENTAL PLANTATION, INC., a North Carolina 0 V LL~ W a?** Corporation with its ''principal office in New Bern, Craven County, 40 a ??. North Carolina, hereinafter referred to as Grantor and LARRY A. m SCHREIER, and wife, JANET R. S.CHREIER, whose address is 2935 w 80210 z South Jackson Street Denver Colorado , hereinafter referred to as Grantees; 0 o W I T N E S SE T H: a 3 That the Grantor, for a valuable consideration paid by the 1- } Grantees, the receipt of which is hereby acknowledged, has and by W these presents does grant, bargain, sell and convey unto the Q Grantees, their heirs and assigns, in fee simple, all that certain a "d lot or parcel of land situated in Number Two (2) Township, Pamlico o County, North Carolina and more particularly described as follows: 45 Being all that certain tract or parcel of land lying and being in Number Two Township, Pamlico County, North m Carolina, and being more particularly described as { N follows: W a All of Lot Ncf. 56, Oriental Plantation Section 2, as = said lot is shown on a map or plat recorded in Plat Cabinet A, Slide 65-2, Pamlico County Registry (said plat being a revision of the plat recorded in Plat Cabinet A, Slide 55-6, Pamlico County Registry), said map being incorporated herein by reference for a more complete .? description of said Lot No. 56. ..?C? This conveyance is subject to all restrictive and ?j protective covenants and conditions of record, as CJ z amended. t- cr w TO HAVE AND TO HOLD the aforesaid lot or.parcel of land and uj all privileges and appurtenances thereto belonging to the Grantees tu- a o 12979 `til ?: ;, ; + • . , ?,? .•" 4 !' • s .y .1 l ^r.' .. S r t 'f Y= s+ - •r.' v r tr •IJ ..,n•, i . is :'1N 1 Is , NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor November 1, 2005 Charles Carpenter Mariner Realty P.O. Box 750 Oriental, NC 28571 CERTIFIED MAIL - RETURN RECEIPT REQUESTED #70051820 0002 4630 4617 William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director DWQ Project # 05-1751 Pamlico County D? N®y 3 ? ?p05 Subject Property: Lot # 56 Oriental Plantation Larry A. and Janet R. Schreier (property owner) ???.y?{?` 'Rw Oriental, NC 28571 W-' "D1 WD $S REQUEST FOR ADDITIONAL INFORMATION Dear Mr. Carpenter: On September 14, 2005, the Division of Water Quality (DWQ) Wetlands/401 Unit received a variance request you submitted for a Mr. Larry A. Schreier. The DWQ has determined that your project is eligible for the use of the Minor 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 2B.0233 (9) and will place this project on hold as incomplete until we receive this additional information..Specifically: Additional Information Requested: 1. The plans that were submitted indicated that the entire area within Zone II is needed for construction. A specific footprint of the structure or structures to be constructed is needed. Without this information an accurate review for avoidance and minimization to the riparian buffer can be made for this project. Please include all impervious area, within the riparian buffer, on a new plat with corrected square footage of impacts. 2. Provide a copy of the current septic permit N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone (252) 946-6481 DEN FAX (252) 946-9215 t, Please respond in writing within three weeks of the date of this letter by sending a copy of this information to Kyle Barnes of the DWQ Washington Regional Office at 943 Washington Square Mall, Washington, NC 27889. 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 Kyle Barnes of this office at (252) 948-3917 if you have any questions. IncHodge/ ere l Aperv or r Division of Water Quality Surface Water Protection Washington Regional Office , cc: 1 Central Office