20051880 Ver 1_Complete File_20051010

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NCDENR

North Carolina Department of Environment and Natural Resources
Division of Water Quality

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Michael F. Easley, Governor

William G, Ross, Jr., Secretary
Alan W, Klimek, P,E" Director

December 16, 2005

DWQ Project # 05-1880
Craven County

Mr. Lonnie Pridgen, Jr.
233 Middle Street
New Bern, NC 28562
Certified Mail #7005 1820 0002 4630 5003

Subject Property: Lot 129, Old Towne Subdivision
New Bern, NC 28562
Neuse River Basin

APPROVAL for the use of the llGeneral" 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. Pridgen:

You have our approval, in accordance with the conditions listed below, to impact approximately
710 square feet (ft2) of Zone II of the protected riparian buffers for the purpose of constructing
dwelling and deck on the subject property as described within your application dated September
13,2005 and received in full on November 1,2005. 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 (EM C) 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 responsible for complying with all conditions. This approval requires you to
follow the conditions listed below.

,&.CQA
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NCOENR
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] FAX [phone]

An Equ::l1 Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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The Additional Conditions of the Certification are:

1. No Zone 1 Impacts

No impacts (except for proposed and "exempt" uses as identified within 15A NCAC 2B ,0233(6)
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.

2. 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.

3. 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

4. Buffer Mitigation (EEP/Restoration)

You are not required to mitigate for Zone IT impacts to the protected riparian buffers.

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 ofWat,er Quality under the Neuse River Riparian Buffer
Protection Rules (l5A NCAC 2B ,0233 (9)(c)). Please contact Kyle Barnes at 252-948-3917 if you have
any questions or require copies of our rules or procedural materials.

rncer~Y,
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.xl Hod upervisor
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
Craven County Building Inspections
CAMA Morehead City

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I OFFICE USE ONLY: Date Received Request #
State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality 919 733-9726

Wetlands Unit
2321 Crabtree Blvd -- Suite 250
Raleigh, NC 27604-2260

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"General" Major Variance Request Form -

From the Neuse and Tar-Pal7llico Riparian Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area lvfanagement Act
(As Approved by the Water Quality Committee of the Environment Management Commission on

5/9/2001)

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Please identify which Riparian Area Protection Rule applies.

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Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)

o Tar-Pamlico River Basin: Nutrient Sensitive Waters Mc;lnagement
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B .0259)

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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 t\\O copies of the completed "General" Variance Application form and any attachments Inust be
sent to the DWQ 40 l/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):
Mandi Johnson of Johnson Homes (LADCOM)

2, Print Owner/Signing Official (person legally responsible for the property and its compliance)

Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:

Mandi Johnson
Buver
205 Broad Street
New Bern. NC 28560
( 252) 633-2947

3, Contact person who can answer questions about the proposed project:
Name: Jerry R. Ryan
Telephone: ~) 633-6649

Version 2: November 2002

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Fax:
Email:

(252 ) 514-2858
a sd ma i [e-mail]

4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot 129, Olde Towne

5. Project Location:
Street address: Z~z4 Harbor Island Road
City, State, Zip: New Bern, NC 28560
County: Craven
Latitude/longitude: N 35-05-09 W 77-03-55

6, Directions to site from nearest major intersection (Also, attach an 8 Y2 x 11 copy of the USGS
topographic map indicating the location of the site):
US 70 East. exit at Pembroke / Country Club Road (NCSR 1200) 00 1.1 mile, turn left onto
Batts Hill Road. 0.2 mile turn left onto Harbor Island Dr.. proposed site is 0.08 mile on left

7, Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream): Trent River
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
,0315 (Neuse) or ,0316 (Tar-Pamlico)]: _.0315 Neuse

8, Which of the following permits/approvals will be required or have been received already for
this project?

Required: Received:
NO
YES NO _
NO
NO
NO
NO
NO
NO

Date received:

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 ft2.]:

710 So Ft., Portion of dwellino and deck encroachment into Zone 2 of riparian buffer

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

Variance Request Form, page 2
Version 2: November 2000

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3, Description of any best management practices to be used to control impacts associated with
the proposed activity (Le., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement of existing vegetation, etc.):

Maintain Silt fence durinq land disturbance and re-veqetation of qrasses 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 & 4 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):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:

Mandi Johnson
205 Broad Street
New Bern
252 633-2947
252 636-0809
asdmail@earthlink,net

Part 5: Applicant's Certification

I, Mandi Johnson, 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:

09/13/2005
Buyer Mandi Johnson

Variance Request Form, page 3
Version 2: November 2000

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Detallsl
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Project Number. 1200~'19ijo' -....... 'j Version: b__J 81atus: Itssu'ed ,",J 'Last Action Desc: ~..!~ect i~'!.u..eJ_____ --]
'ProJsct Name: :Lonnl~ E Pridgen'!! Lot 129 Olde :,own!-.. __ --=-~ -~.-=-_ 'Pro)sctTyps: loth8~' ::~:-':, _.' ,,;'r ...]
prolectDesc:~lng'~isc'k ..----- -.--------- __,_-=.:...- ~=~,~~~ J

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,'ReCetv8,d F'ro~; ~~~~l~ :~'... 0 ~ertl1il'Fact , , "'r. " '
, ,., ,', ,I ~!~Wt P~~~iol;ROlI- bio.., DOTTlPj t j.;,'J 'Admln Reg~~: 1~~:+~t~'{~_~_,:..':'I~
qG~~~IlyC'o~y d)l1\tol'1e.> IlUl:ilJc Isnu Revle~er: Ilii_n'm~~~,IIa.~:::;~,:...J~

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Last Update,d O~:ll'Q/13j,2005 - :J.
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Public N~tlCe Publlshe'd Dt C..:'~~
Public Nollce Received 01: [~~~---l

P,N, Commeht Period Ends 01:

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Triage Check List. ,
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Pfoje6~ Name: /:?j- /;:) i. ()~/ r---r ~
. DWQ#: "dtVy/f'6CJ
County: ~~~

To:

D,ARO
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o MRO
o .RRO

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Kevin Barnett
Ken Averitte
Alan Johnson
Mike Horan

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o WSRO

Tom Steffens and Kyle Barnes
Noelle Lutheran
Daryl Lamb

From:

Telephone: (919)

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The file attached is being f?rwar:ded \t~~~ur f~r 'your eyaIuation.
. Please call if you n~ed\aSs\~~e. .

o stream length impacted. \
o Stream dete~ation '. "
o Wetland determination and distance to blue-liI,W surface'waters on USFW topo maps'
o Minimization/avoidance issues '
~~s~ Tar-Pamlico,'Catawba, R'and1em~)
o Pond fill ,
D' Mitigation Ratios
o Ditching .
. 0 Are the stream and or wetland mitigati~n sites available and viable?
o Check drawings for accuracy
o Is the appliqation consistent with pre-application meetings?
o Cumulative inipact concern" '

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Comments:

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?it/antic Survey & 1)esign, PA

[phone] . 1305 Country Club Dr. . PO Box 770, New Bern, NC 28563 . Fax [phone]

October 3 I, :W05

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NO\} 1 _ 2005

John Dorney @ NCDWQ
40 J Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

DENR. WSTAT~r~~I1;~cu
\\'ETVJ iOS N:O VI"ft hi'

SUBJECT:

DWQ Project # 05-1880 - Pridgen

D~ar John:

This letter is in response to your request for "Additionallnformation" for subject General Major
Variance request a copy of which is enclosed,

I, This plan was previously submitted to City of New Bern for variance request and they did
approve a variance for rear setback from 20 to I 0 feet. They would not nor could not allow
variance along front setback line, The house is forward towards Harbour Island Road as
much as Ordinance and Zoning will allow, Contact for their permitting is Greg McCoy 252
639-7585. As to your assertion that house can be redesigned/modified to allow similarly-
sized house on the lot without impacting the Buffers I am enelosing copy of an email from
Mandi Johnson, the builder addressing that subject.

2, The site plan previously submitted already showed all existing stormwater outfalls but Plat
is enclosed herein with said outfall highlighted,

3, We had indicated on the applieation that a Silt Fence was to be installed but I have marked
location on site plan as you requested.

I hope this addresses your questions and comments and if you require more please contact me
directly, Thank you

Sincerely;

~~~

Jerry R, Ryan, PLS

cc: Kyle Barnes, DWQ Washington Regional Office

Mm.1. Place the following into any portion of a lettcr that you need
,

Page I of 1

Jerry Ryan

From: Mandi Johnson [[e-mail]]
Sent: Thursday, October 20, 20052:45 PM
To: [e-mail]
Subject: Olde Town lot

This is in regard to the request for OWQ approval allowing some encroachments for a housc we plan to build on Lot
129 in Olde Town. We have been actively working on the project for almost a year and a half. There have bcen
several issues that nccded to be addrcsscd locally beforc we could submit an application to you. Those hurdles have
includcd: subdivision covcnants, city Zoning and planning, as \vell as architectural control and have rcquircd many
variances prior to submitting the plans for your approval.

Covcnants: The covenants rcquire that a house of 2500 minimum hcated square feet be constructed on the lot.
Because of that restriction alonc, the footprint was not possible without encroaching in to the OWQ Zone. The
problem we faced with any of our plans of which three othcrs were considercd thcn rcjccted by othcrs, is that the
current city zoning setbacks that applies to Harbour Island Road relating to the front yard, made it impossible to place
any housc that would meet the covcnants within a footprint that would comply with thc city's setback rules, That led
us to ask the city for a variance.

City Planning and Zoning: You will note that a small portion of the lot is located on Batts Hill Road. By asking the
city to allow the Postal Address of Lot 129 to be on Batts Hill road, this shifted the front sctback from Harbour Island
Road and allowcd us to make Harbour Island Road the side setback instead of the front sct back, thcrcfore allowing a
less restrictive setback to apply and allowing thc plan to \vork in the allotted footprint., ncedcd to meet the covenant
rcquirements. The city planners also rcquircd that wc approach them with a proposed house plan and site plan before
they would make that decision. It is now in placc. The house had to be designcd to have "street appeal" from the
Harbor Island Road, to make the front door entrance face this street even though the variance was granted for Harbor
Island Road to be a sideline. Which leads me to the Architectural Control Committee.

The Architectural Control: This committee for the Harbour Island section of Olde Town is very sclective in their
approvals, It is very important that new construction measure up to what is alrcady in the subdivision. The majority of
the homes in this arca on the waterfront lots are 2500 square feet and up and all of the homes are two story. Anything
less with not be allowed. You will note that in our attempt to make the plan work on lot 129, we have had to use a
detached garage. Garages are rcquircd on all homcs in Harbour Island and cven though the committee frowned on a
detached one, they will allow it.

As you can sce, much time, effort and moncy, (over $8000,00 to date and we're still trying to obtain permits,) has
gone into this project, from architectural drawings and surveys. We knew we had to make sure that the local questions
had been resolved prior to submitting this rcquest to you. There is no way that we can adjust a plan to suit all the other
variables that will allow its construction without approval from you, I can assure you that it has been a long and
arduous process to get this far and that we have explorcd all other avenues. If a permit for this footprint cannot be
obtained as requested, I can assure you from the experience gleancd during the past year and a half, that none of the
other criteria can be met and without your approval as originally submitted, the lot will be virtual useless,

10/3l/2005

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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

October 12, 2005

DWQ Project # 05-1880
Craven County
Page I of2

CERTIFIED MAIL: RETURN RECEIPT REQUESTED

Mr. Lonnie Pridgen, Jr,
233 Middle Street
New Bern, NC 28562

Subject Property:

Gcncral Major Variancc rcqucst
Lot 129, Old Townc Subdivision

REQUEST FOR MORE INFORMATION

Dear Mr. Pridgen:

On October 10,2005, the Division of Water Quality (DWQ) received your application dated October 7,
2005, to impact 710 square feet of Zone 2 of protected riparian buffers to construct the home on this lot.
The DWQ has detennined that your application was incomplete and/or provided inaccurate information
as discussed below, The DWQ will require additional information in order to process your application to
impact protected buffers on the subject property. Therefore, unless we receive the additional information
requested below, we will have to move toward denial of your application as required by 15A NCAC 2H
.0506 and 2B .0233(8) and will place this project on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review your project.

Additional Information Requcsted:

I. We believe that the impacts to Zone 2 of the buffers can be eliminated or minimized by moving the
footprint of the home toward Harbour Island Road, Please discuss whether this is possible. If street
setbacks are an issue, please discuss the process for encroaching on these setbacks, Alternatively,
we believe that the house site plan can be modified to allow construction of a similarly-sized house
on this lot without impacting the protected buffers.

2. Please indicate all stormwater outfalls on the site plan,

3, Please indicate the diffuse flow provision measures on the site plan,

Please respond within three weeks of the date of this letter by sending this information to me in writing
and Kyle Barns of the DWQ Washington Regional Office. Ifwe do not hear from you within three
weeks, we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn,

This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers, Please be aware that any impacts requested within your application are not

N~~hCaroIina
/vnlllrnlll/

40 I Oversight/Express Rcview Pennitting Unit
1650 Mail Servicc Ccnter, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone] / Internet: hno://h20.enr.state.nc.us/ncwetlands

An Equal Opportunity/Amnnative Action Employer- 50% RecyclcdllO% Post Consumcr Paper

Lonnie Pridgen, Jr.
Page 2 of2
October 12, 2005

authorized (at this time) by the DWQ. Please call me at 919-733-9646 if you have any questions
regarding or would like to set up a meeting to discuss this matter.

CBK/jrd

eyl

cc: Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Jerry Ryan, Atlantic Survey and Design, P.O, Box 770, New Bern, NC 28563

.

Filename:

?it/antic Survey & Vesign, PA
[phone] . 302 South Front St. . PO Box 770, New Bern, NC 28563 . Fa - 858

DATE:

October 7, :W05

o l#1lf!f~!f)
Cr I ~~
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liDs..; ,'If~/ .J
l>'Dsr. t"...-..
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'i,J;/frr I
Sfl..viC'It

TO: NCDWQ 401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

FROM: Jerry R, Ryan, PLS

SUBJECT: Minor Variance Request

The enclosed form and accompanying papenvork 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;[e-mail]

-.

I OFFICE USE ONLY: Date Received

Request #

State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality 919 733-9726

Wetlands Unit
2321 Crabtree Blvd -- Suite 250
Raleigh, NC 27604-2260

Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules

NOTE: This form may be photocopied for use as an original.

Please identify which Riparian Area (Buffer) Protection Rule applies.

X Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
,0233)

o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B ,0259)

o Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B ,0243)

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):
Lonnie E. Pridqen, Jr.

2. Print Owner/Signing Official (person legally responsible for the property and its compliance)

Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:

Lonnie E. Pridqen, Jr.
Owner
233 Middle Street
New Bern
[phone]
C )

3. Contact person who can answer questions about the proposed project:
Name: Jerrv R. Ryan
Telephone: [phone]
Fax: ( 252 ) 514-2858
Email: [e-mail]

4, Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc,):
Lot 129, Olde Towne

Version 2: November 2002

5. Project Location:
Street address: 2424 Harbor Island Road
City, State, Zip: New Bern. NC 28560
County: Craven
Latitude/longitude: N 35-05-09 W 77-03-55

6, Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS
topographic map indicating the location of the site):
US 70 East, exit at Pembroke I Countrv Club Road (NCSR 1200) qo 1.1 mile, turn left
onto Batts Hill Road, 0.2 mile turn left onto Harbor Island Dr., proposed site is 0.08 mile
on left

7, Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream): Trent River
Stream classification [as identified within the Schedule of Classifications 15A NCAC 28
.0315 (Neuse) or .0316 (Tar-Pamlico)]: .0315 Neuse

8. Which of the following permits/approvals will be required or have been received already for
this project?

Required: Received:
NO _
YES NO _
~
~
~
~
~
YES NO _

Date received:

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) Sewer Tap-on Permit
from City of New Bern

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 fe.]: 710 Sq Ft., Portion of dwellinq and deck
encroachment into Zone 2 of riparian buffer

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

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 durinq land disturbance and re-veqetation of qrasses and new
landscape plants as soon as possible

Variance Request Form, page 2
Version 2: November 2000

.

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 & 4 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 R. Rvan

Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:

PO Box 770
New Bern. NC 28563-0770
252 633-6649
252 514-2858
[e-mail]

Part 5: Applicant's Certification

I, Lonnie E. PridQen, Jr. (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 ~ 5. fL'-{_> f ·
Date: % /2005
Title: Owner

Variance Request Form, page 3
Version 2: November 2000

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,----., -

NORTH CAROLINA

~. Pas/.:!
Tax ParcellD ;",() 7 0 r: 'r:
PREPARED ~ J6J
SUMRELL, SUGG, CARMICHAEL & ASHTON, P.A.

CRAVEN COUNTY

THIS QUITCLAIM DEED, made this 17thday of April, 1998, by and between OLDE
TOWNE SUBDIVISION, a North Carolina General Partnership with its principal office and
place of business in Craven County, North Carolina, party of the first part; to LONNIE E,
PRIDGEN, ]R, and the ESTATE OF THOMAS A.KARAM, whose mailing address is
225 SARAH'S CIRCLE, NElol BERN, NC 28562 , parties of the second part;
. t'3?;; Au/)/<(' 5.".... WITNESSETH: ?'37" 31/~
That said grantor for and in consideration of the sum of Ten Dollars ($10.00) to it paid,
the receipt of which is hereby acknowledged, has remised and released, and by these presents
does remise, release, and forever quitclaim unto the grantees, their heirs, successors and assigns,'.
'.

all right, title, claim, and interest of the said grantor, in and to the following described. property,

./

to wit:

.

All that certain tract or parcel of land lying and being situate in Number Eight (8)
Township, Craven County, North Carolina, and being more particularly described
as follows:

BEING all of Lot No. 129, as the same is shown and delineated on that certain
map entitled "Plan of Lot 129, Old~Towne~ ,recorded in Plat Cabinet G, Slide
49-F, in the Office of the Register of Deeds of Craven County, reference to said
map being hereby made for a more perfect description of said Lot. No. 129.

TO HAVE AND TO HOLD the aforesaid tract' ~r parcel of land and all privileges and

appurtenances thereto belonging to the said grantees, their heirs, successors and assigns, free and

discharged from all right, title, claim or interest of the said grantor or anyone claiming by,

through, or under it.

. IN TESTIMONY WHEREOF, LONNIE E, PRIDGEN, JR., a gene~ partner of
; ,

OLDE TOWNE SUBDIVISION, a General Partnership, has hereunto set his hand and adopted
as his seal, the typewritten word "SEAL" appearing beside his name, the day and year fIrSt above
written. .

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I OFFICE USE ONLY: Date Received

Request #

State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality 919 733.9726

Wetlands Unit
2321 Crabtree Blvd -- Suite 250
Raleigh, NC 27604-2260

Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules

NOTE: This form may be photocopied for use as an original.

Please identify which Riparian Area (Buffer) Protection Rule applies.

'\A Neuse River Basin: Nutrient Sensitive Waters Management Strategy
I'\.. Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
,0233)

o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 02B .0259)

o Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B ,0243)

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):
Lonnie E. Pridqen. Jr,

2. Print Owner/Signing Official (person legally responsible for the property and its compliance)

Name:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:

Lonnie E. Pridqen, Jr.
Owner
233 Middle Street
New Bern
[phone]
L.___J

3. Contact person who can answer questions about the proposed project:
Name: Jerry R. Ryan
Telephone: [phone]
Fax: ( 252 ) 514-2858
Email: [e-mail]

4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot 129. Olde Towne

Version 2: November 2002

J

5, Project Location:
Street address: 2424 Harbor Island Road
City, State, Zip: New Bern, NC 28560
County: Craven
Latitude/longitude: N 35-05-09 W 77 -03-55

6, Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS
topographic map indicating the location of the site):
US 70 East. exit at Pembroke / Country Club Road (NCSR 1200) qo 1.1 mile, turn left
onto Batts Hill Road, 0.2 mile turn left onto Harbor Island Dr" proposed site is 0.08 mile
on left

7, Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream): Trent River
Stream classification [as identified within the Schedule of Classifications 15A NCAC 28
.0315 (Neuse) or .0316 (Tar-Pamlico)]: .0315 Neuse

8, Which of the following permits/approvals will be required or have been received already for
this project?

Required: Received:
!ill-
YES NO _
!ill-
!:ill..-
!:ill..-
!:ill..-
!:ill..-
YES NO _

Date received:

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) Sewer Tap-on Permit
from City of New Bern

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 fe.]: 710 SQ Ft., Portion of dwellinq and deck
encroachment into Zone 2 of riparian buffer

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

3, Description of any best management practices to be used to control impacts associated
with the proposed activity (Le., control of runoff from impervious surfaces to provide
diffuse flow, re-planting vegetation or enhancement of existing vegetation, etc,):
Maintain Silt fence durinq land disturbance and re-veqetation of Qrasses and new
landscape plants as soon as possible

Variance Request Form, page 2
Version 2: November 2000

.f

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 & 4 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 R. Rvan

Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:

PO Box 770
New Bern, NC 28563-0770
252 633-6649
252 514-2858
asdma [e-mail]

Part 5: Applicant's Certification

I, Lonnie E. PridQen. Jr. (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 recorde~ with all requ~d ~ermit conditions.

Signature: ~ So f:...~> f -
Date: % /2005
Title: Owner

Variance Request Form, page 3
Version 2: November 2000

-..........",

1...--. _

,-

NORTH CAROLINA

~., Pa'3e
Tax Parcel 10 ;" 0057 0 r:" r:
PREPARED ~ J6J
SUMRELL, SUGG, CARMICHAEL & ASHTON, P.A.

CRA VEN COUNTY

THIS QUITCLAIM DEED, made this 17thday of April, 1998, by and between OLDE
TOWNE SUBDIVISION, a North Carolina General Partnership with its principal office and
place of business in Craven County, North Carolina, party of the first part; to LONNIE E.
PRIDGEN, JR, and the ESTATE OF THOMAS A.KARAM:, whose mailing address is
225 SARAH'S CIRCLE, NElo1 BERN, NC 28562 , parties of the second part;
t'3?; Au/j/< 5'r WITNESSETH: ?37" 311~
That said grantor for and in consideration of the sum of Ten Dollars ($10,00) to it paid,
the receipt of which is hereby acknowledged, has remised and released, and by these presents
does remise, release, and forever quitclaim unto the grantees, their heirs, successors and assigns, "
all right, title, claim, and interest of the said grantor, in and to the following described property,

~
:J
(
!
I

./

to wit:

All that certain tract or parcel of land lying and being situate in Number Eight (8)
Township, Craven County, North Carolina, and being more particularly described
as follows:

BEING all of Lot No. 129, as the same is shown and delineated on that certain
map entitled "Plan of Lot 129, Old~ Towne~, recorded in Plat Cabinet G, Slide
49-F, in the Office of the Register of Deeds of Craven County, reference to said
map being hereby made for a more perfect description of said Lot, No. 129.

, "
TO HAVE AND TO HOLD the aforesaid tractor parcel of land and all privileges and
appurtenances thereto belonging to the said grantees, their heirs, successors and assigns, free and
discharged from all right, title, claim or interest of the said grantor or anyone claiming by,
through, or under it.
IN TESTIMONY WHEREOF, LONNIE, E. PRIDGEN, JR., a gener.1l partner of
OLDE TOWNE SUBDIVISION, a General Partnership, has hereunto set his hand and adopted
as his seal, the typewrinen word "SEAL" appearing beside his name, the day and year fll'St above
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