HomeMy WebLinkAbout20051909 Ver 1_Complete File_20051014OF W ATF,9 Michael F. Easley, Governor
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Division of Water Quality
October 19, 2005
DWQ Project # 20051909
Pamlico County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Sylvan Friedman
President/Owner
103 Pelican Circle
Oriental, NC 28571
Subject Property: Lot 4, Serenity Court, The Cloisters at Kershaw Creek
Oriental, NC
REQUEST FOR ADDITIONAL INFORMATION
Dear Mr. Friedman:
On October 14, 2005, the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting
Unit received your variance request dated October 12, 2005. The DWQ has determined that your project
is eligible for the use of the "General" Major Variance From the Neuse and Tar-Pamlico Riparian Buffer
Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area
Management Act, Approved 51912001. However, the DWQ needs additional information in order to
complete the approval process of your variance. Therefore, unless additional information is provided as
described below, we will have to move toward denial of your request per 15A NCAC 213 .0260(9) and
will place this project on hold as incomplete until we receive this additional information. Specifically:
Additional Information Requested:
1. Please redesign the house building envelope by moving it about 20 feet toward Serenity Court
and thereby avoiding or further minimizing impacts to Zone 2.
Please respond in writing within three weeks of the date of this letter by sending a copy of this
information to me and 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longer want to pursue this project and we will consider the project as withdrawn.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 Mr. John
Dorney of this office at (919) 733-9646 if you have any questions.
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cc: Kyle Barnes, DWQ Washington Regional Office
File Copy
Central Files
Allen Probst. Mariner Realty, Inc., P.O. Box 750, Oriental, NC 28571
Filename: 20051011 Fri cdmanLot4(Pamlico)GcnVar1 fold
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401 Oversight/Express Review Permitting Unit
R1lllYlllJ
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: httn://h2o,ennstale.nc.us/newetlands
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An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper
.MEUMNEWW?
October 12, 2005
Kyle Barnes
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
REALTY,
RE: Minor Variance Request for Lots #2, #3, #4, #5, #6, #11, #12, #13, #14, #16 and #17, The Cloisters at
Kershaw Creek near Oriental, NC
Dear Mr. Barnes:
Enclosed please find 11 minor variance request for the above referenced subdivision near Oriental, NC.
Each of these lots has a separate minor variance request with copies sent to Diane Edwards in the Raleigh
office. This subdivision was platted and duly recorded in November, 1989. The original name of this
development was Captain's Walk Subdivision, developed by Zachary Taylor of New Bern, NC. Mr.
Taylor roughed-in the roadways and installed an approved 6" water main through-out the entire
development with fire hydrants at both cul-de-sacs and individual water taps w/ meter boxes at each
individual lot(24 water taps). This line was approved by DEHNR on 12/11/90 and was installed in 1991.
The engineering firm that designed this line was Thomas Engineering Consultants, P.A.. in New Bern, NC.
By virtue that improvements were made prior to August, 2000, this development should have vested rights
and should qualify for minor variances on an individual basis. The developer who recently purchased all of
this development is Sylvan Friedman. The property was purchased under the name of Kershaw Creek
Properties, LLC. Mr. Friedman understands that there maybe mitigation required in order to obtain these
variances. Please specify, if a variance is conditionally given that requires mitigation, the amount of money
required for each variance. Every possible effort was made to avoid a variance request with 12 of these lots
not requiring any impact to the Neuse River Buffer. The 11 lots submitted for a variance request have the
least possible impact necessary in order to build a home of practical design and size. A variance request for
Lot # 15 will be submitted in the future once a septic permit is issued for that lot.
I will be available at your earliest convenience to show you this property if necessary. I can be reached at
252-249-1014(w) or 252-671.4644(cell). If you have any further questions, please call me.
Sincerely,
Allen Propst
Mariner Realty, Inc..
Lip
:- 2@@ 8 1 cc: Diane Edwards, DWQ - Raleigh office
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Post Office Box 750 • Oriental, North Carolina 28571 - (252) 249-1014
www.orientalncwaterfront.com
® Printod on recycled Paper 800-347-8246 .
Sales - Property Management - Appraisals - Development
OFFICE USE ONLY: Date Received -------------- __ Request # ----- __
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
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.
z 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)
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
Part 1: General Information E (Please include attachments if the room provided is insufficient.) D
1. Applicant's name (the corporation, individual, etc. who owns the property): KT l 4 2005
Kershaw Creek Properties, LLC -_-__-------_______---_-DENR-WATER-QUALITY
?YETLANDS AND STOR11MATER BRANCH
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: S_ylvan Friedman -__-
--------- ---------------
Title: President /Owner
--------- -------------------
Street address: 103 Pelican Circle
--------------------------------
City, State, Zip: OrientalL_NC 28571 __-_------------ -----------
Telephone: (252)_249-0640 ---------------------------
Fax: (252) 249-2700
3. Contact person who can answer questions about the proposed project:
Name: Allen Propst/Mariner Realty, Inc._
Telephone: ( 252)_249-1014 _...... -..... ___`....
Fax: ( 252)_249-2700
-----------------------------
Email: _ mariner@pamlico.net ---------- -_
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot ti 4, The Cloisters at Kershaw Creek
Version 2: November 2002
Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
_Lot ;/4,_ SerenitY
Oriental, NC 28
-Pamlico - 35°02'10.03" N
-------------------------------------
76°43'05.88" W-----------------------
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):
_Turn _South _ ont_o_Teach's_Cove -Road from Kershaw_Road.__Go 4pproximately
_3_/4 mile to Kershaw Creek Drive entrance -road-not_yet si?ned_or-payed) .
---------------- ---
Follow Kershaw Creek Drive _to Sere-nity Circle_and_turn right___Lot_ 4
---------------------- ------ -
is in the cul-de-sac on the right side. ----- ---------------------- -_-
7. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Kershaw Creek
Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B
0315 (Neuse) or.0316 (Tar-Pamlico)]: ----- ------ ------------ -_---------
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
_x___ _ X__ 7,[05105 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.]:
Construction of a single-family home. _ There will be an impect_2f--
1,012.17 square feet in Zone II. There will be no Zone 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:
Due to the shape_of_the p?oRerty _the_location of-the-buffer zones
------------- - ------------------------------
and the site-specific location of the seDtic Dermit, it is impossible
to construct a home of reasinable size without this impact to Zone II.
Variance Request Form, page 2
Version 2: November 2000
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.):
_-_
Gutters _and_leaders _ on the home will be used t_o_divert t_h_e _run-off
water so that it will have the greatest distance of diffuse flow.....
----- -- --------- --- ------- --------------
as possible. Vegetation to be planted around _the_house. _-_
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
It would be_impossible 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.
Coastal vegetation surrounds the homesite leaving_only a small
-------- -------------------- ------
portion of this lot buildable.
(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_Eroperties are quite expensive.- Persons who -urchase waterfront
orooertM need the_abii o construct a home of reasonable _si?e. If the
size of the home is restricted f-urther-,,_th-p-y eft Sh€ oroo-rty--cauld be
?sfused as muchs_?Q?.-- ---------------------------
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwatdr 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: _-----___- Oriental, NC _ 28571
----------------------
Telephone: _----- -_-252-249-11014
------------------------
Fax: 252_249-2700 --- ---------
Email: mariner@pamlico.net Part 5: Applicant's Certification
-Allen ProR§. /Mariner Realpy,_Inc---- ---___
PO Box 750
Variance Request Form, page 3
Version 2: November 2000
I, _Sylvan Friedman ___________________________ (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:
President/Owner
Variance Request Form, page 4
Version 2: November 2000
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PAMLICO COUNTY HEALTH DEPARTMENT
P.O. BOX 306
.,,,,. BAYBORO, N.C. 28515
(valld 5 years
Owner:Sylvan Friedman ^j.^^
Owner Address: 103 Pelican Circle; ;.
Owner -Address (2):Oriental, NC 28571
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Owner Phone #:(252) 249-0640
Property Address: Cloisters P_ Kershaw Creek
Property Address(2 :LOT # 4
PIN :108-35-4
Record #56755
Establishment Type:Home
Type of Well:Public Welll'4
Design Flow GPD):360
Initial Site..,, , , r_A ,?.
Wastewater System:C
Long Term Acceptanc
Trench Width:3 FT's;
Trench Spacing (OC):
Septic Tank Volume: 1000
Pipe !!
/SQFT):0.4'
Repair Site
Wastewater System:Conventiol
Long Term Acceptance Rate(G
Trench Width:3 FT
Trench Spacing (OC):9 FT -
Trench Bottom From NGL:-24 1
Septic Tank Volume: 1000 GAL,
VLL N AUTHORIZATION TO CONST
FEES PAID PRIOR TO WAS"
:THE AMLI O CO. HEALTH DEF
TO REVOKE THIS PERMIT IF TH
USE CHANGED, OR ANY INFOR
ANY CHANGES TO THIS PERMI'
PERMIT AND SUBSEQUENT FEE
Authorized Agent.
R SYSTEM INSTALLATI
IITE IS AL
TION IS F
F; / A0,
Date -j
1! I
p Ismil Jun u 2005
13.000.00
>st•t. •? PAtL.ICO
North Grokna Cmly
Real Estate Excles Tax
NORTH CAROLINA
WARRANTY DEED
PAMLICO COUNTY 4-4
THIS DEED, made and entered Into this the L day of -:? u N 2005, by and between
KERSHAW INVESTMENTS, LLC, a North Carolina limited liability company, hereinafter referred to as Grantor
and KERSHAW CREEK PROPERTIES, LLC, a North Carolina limited liability company, of le i
&IiZele. G? ?n 1,1, Ne Z9 571 hereinafter referred to as Grantee;
WITNESSETH:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee
simple, all that certain lot or parcel of land situated In Number Two (2) Township, Pamlico County, North
Carolina and more particularly described as follows:
See the attached Exhibit A for Legal Description
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises In fee simple,
has the right to convey the same In fee simple, that title Is marketable and free and clear of all
encumbrances, except any encumbrances or restrictions mentioned above, and that Grantor will warrant
and defend the title against the lawful claims of all persons whatsoever.
The designation Grantor and Grantee as used herein shall Include all parties, their heirs, successors,
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
FILED in PAtLICO County. NC
? SZ ???? 1S PM
FMSTM OF DEEDS
BOOK 448 PAGE 596
Henderson, Baxter, Taylor & Gatchel, P.A.
S},, 6 b s-r Attorneys at Law
Post Office Drawer U
Pc'? New Bern, North Carolina 28563
BOOK 448 PAGE 597
IN WITNESS WHEREOF, KERSHAW INVESTMENTS, LLC has executed this deed byand through Its Manager
this the day and year first above written.
KERSHAW INVESTMENTS, LLC
By: v
J HN W. TAYLOR, Manager
STATE OF NORTH CAROLINA
COUNTYOF GV'AV'&-?A?
I, o Vt m IA K. G?SkINIS , a Notary Public, do hereby certify that JOHN W.
TAYLOR personally appeared before me this day and acknowledged that he Is the Manager of KERSHAW
INVESTMENTS, LLC, a North Carolina Limited Liability Company, and furtheracknowledged the due execution
thereof.
?_?4h n3?1 WITNESS my hand and official stamp or seal' this the day o, 2
'G
NO-TA;; ?
NOta Public c;
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My Commission Expires:-15-0°1
Cp?IN
NORTH CAROLINA
PAMLICO COUNTY
The foregoing certificate of . G and- Is certified to be correct. This
Instrument was presented for registration this day and hour, and duly recorded in the office of the
Register of Deeds of Pamlico County, North Carolina, In Book 'fy s . at Page (-5% .
This the 2 Lslday of os at a?BO'clock -Pm.
BY: O?2wv?l? (-
REGISTER OF DEEDS XZPUW REGISTER OF DEEDS
BOOK 448 PAGE 598
EXHIBIT A
To That Deed From Kershaw Investments, LLC to
Kershaw Creek Properties, LLC
Dated June 15, 2005
Lying and being in Township #2, Pamlico County, North Carolina and being all of that
parcel of land containing 59.641 acres as shown on that map entitled "Survey for
Kershaw Creek Properties, LLC" dated May 25, 2005 prepared by Kendall E. Gaskins,
PLS Land Surveying, and recorded in Map Cabinet A at Slide 143-7 of the Pamlico
County Registry. Said map is hereby referred to for a more accurate description.
F: PA-27 Kashaw Deed
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THIS PROPERTY IS LOCATED WITHIN
A SPECIAL FLOOD HAZARD AREA
---------------------------
FLOOD ZONE . . . . . . . . . . . . . . . AE
BASE FLOOD ELEV . . .. . . . . . . . 7.0
FIRM MAP . . . 3720648600)
COMMUNITY NAME . . . TOWN OF ORIENTAL
COMMUNITY # . . . . . . . . . . . 370279
EFFECTIVE . . . . . . . . . . JULY 2, 2004
CURVE TABLE
CURVE RADIUS LENGTH BEARING CHORD
C4 55.00' 85.47' N44'09'36"E 77.13'
MINIMUM BUILDING LIMITS
----------------
FRONT . . . 30'
SIDE . .. . 10'
REAR . . . 15'
REFERENCES
PC A, SL 51-1
DB 417 PG 450
SURVEY FOR
I, Kendall E. Gaskins, hereby certify that
this map was drawn under my direction
and supervision from an actual survey
made under my direction and supervision,
that the error of closure as calculated
by latitudes and departures is 1:10,000+.
Witness my hand and seal this
5th day of AUGUST, 2005.
Kendall E. Gaskins, PLS L-3824
KERSHAW CREEK
PROPERTIES, LLC.
LOT #4, THE CLOISTERS at KERSHAW CREEK
TAX ID: A PORTION OF I08-35
NUMBER 2 TOWNSHIP
PAMLICO COUNTY
NORTH CAROLINA
SCALE 1" = 100'
Kendall E. Gaskins, PLS
PROFESSIONAL LAND SURVEYING
PO Box 354
8162 Main Street
Vanceboro, NC 28586
Phone: 252-244-0599
Fax: 252-244-5899
LEGEND
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OWNER/DEVELOPER ..... KERSH¦ CREEK MOPERTEI ULC
105 PELICAN CIRCLE
ORIENTAL NO 255571
NUMBER OF LOTS ........ 24
ACREAGE OF DEW10P ENT ... 59.611 AC
ACREACE OF LOTS . ..... .. 26.262 AC
AREA OF R/W... ....... 4.A61 AC
LENGTH OF STREETS ........1133.5.4 EF
MINIMUM BUILDING UMITS UNLESS SHOWN OTHERWISE
FRONT ... ]0'
SIDE .... 1D'
REAR ... 40'
UTILITY AND DRAINAGE EASEMENTS SHALL BE
10' ALONG ALL ROAD RIGHTS-CF-WAY
15' CENTERED ALONG ALL LOT LINES
OMER EASEMENTS AS SHOWN ON MAP
THIS SUBDIN9DN WILL BE SERVED BY COMMUNITY WATER
SYSTEMS AND INDIVIDUAL SEPTIC TANKS.
ALL ROAD INTERSECTIONS HAVE 10'.70' STE TRIANGLES
AS REWIRED BY THE NORM CAROLINA DEPARTMENT
OF TRANSPORTATION
A PORTION OF THIS PROPERTY IS LOCATED IN A SPECIAL
FLOOD HAZARD AREA (ZONE AE) AS PER FIRM MAP
3720642600) EFFECTIVE JULY 2, 2001. ROOD LINES
SCALED AS SHOWN ON FIRM MAP.
REFERENCES:
DB 417 PG 450
PC A, SL 51-1
PC A. BE 32-1
.A
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ENTRANCE DETAIL W/ INTERIOR ISLAND
YOT TO -
CAROLINE GODWIN /
NO REFERENCE
TAM D. M-4 i
11 ?
\ PROPERTY ONES ALONG XERSMAW CREEK
WERE TAKEN FROM A MAP PREPARCO BY (vA/
M,XlMM AND CREED, RECORDED W PLAT
\ CABINET A SLIDE 51-1.
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19
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TYPICAL CUL-DE-SAC DETAIL
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DO 219 PG 995 T? C
GT L.i PCA Sl 25-7 1 Sr1
TAM D: 108-1 /
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200 loo 0 200 400
"BUCCANEER BAY WEST
3 SCALE. L - 200'
SECTION
L j6 \ / PC A 4
, 32-1
AX D: - FINAL PLAT
THE CLOISTERS
RCGSTFR OF DEDS at KERSHAW CREEK
\ PROPERTY LINES ALCNC KEPSIAW CREEK STATE OF NORM CAROLINA PHASE I
WERE TAKEN FROM A MAP PREPAALO BY COUNTY Q PAWCO
CABINET LINA AND 410E 51 slOE -1. RECORDED IN PLAT. DESCRIPTION FOR THIS TRACT IS F
FILED FOR REGISTRATION AT AM/TM O'CLOCK
IN DEED ROOK 417 PAGE 450
L KENDALL E. G SHINS CERTIFY THAT THIS SURVEY IS A COMBINATION
OR RECOMBINATION OF FISTING LOTS OF A SUBDINSON.
KENDAIL L GISKINS L-5611
L KENDALL E.G?ASKINS, CERTIFY THAT THIS PUT WAS DRAWN UNDER MY
SUPERNSON (DEED DESCRIPTION RECORDED N BOOK .5LL, PACE
RCfiRENDES 1 (DARER MAT ME BONOARES NOT
SURWYEp ME CLEARLY INDICATED AS DRAWN FROM NFORMA71ON FOUND IN
BOON, PACE: THAT THE RATIO OF PRE SON AS CALCULATED IS
1:10.0004 THAT THIS PUT WAS PREPARED IN ACCORDARCE WIN GS
47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION
NUMBER AND SEAL THIS _ DAY Of AO., 2001
KENDALL E. OASKINS L-3814
1
I
THIS IS TO CERTIFY THAT ME STREET DESIGN SPECIFICATIONS
SHOWN OR MIS SUBDIVSION MAP HAW BEEN EXAMINED AND
FOUND TO BE N ACCORDANCE NM ME MINIMUM RIGHT-OF-WAY
AND CONSTRUCTION STANDARDS ESTABLISHED BY ME SECONDARY
ROADS COUNCIL OF ME NORM CAROLINA DEPARTMENT OF
TRASPORTATON FOR ACCEPTANCE ON ME STATE HIGHWAY
SYSTEM.
THIS -DAY OF . 2005
DISTRICT ENONEER
NO DEPARTMENT OF TRANSPORTATION
THIS PUT REPRESENTS A SUPWY OF PROPERTY THAT IS NOT SUBJECT TO
ME APPROVAL OF THE PAMUM COUNTY BOARD OF COMNISSIOAERS
I HEREBY CERTIFY THAT THIS SURVEY IS EXEMPT AND HAS BEEN APPROVED
FOR RECOROATICN AT ME PMUCO COUNTY REGISTER OF DEEDS OFFICE.
SUB04VSON ADMINISTRATOR
DATE
THIS _ DAY OF - 2005.
PUT CABINET _ SIDE -.
SUE H. WHITFORD
REGISTER OF OLEOS/AS&STANT/DEPUTY
STATE OF NORM CAROLINA
COUNTY OF PAMUCO
L , RENEW OFFICER OF PAMUCO COUNTY, CERTIFY
THAT ME NM OR PUT TO WHICH Mb CERTIFICATON IS AFFIXED TO
MEETS ALL STATUTORY REQUIREMENTS FOR RECCROING,
REVIEW OFFICER DATE
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