20051917 Ver 1_Complete File_20051014

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p Alan W. Klimek, P.E. Director
Division of Water Quality
October 19, 2005 11
DWQ Project # 200519K
Pamlico County
Sylvan Friedman
President/Owner
103 Pelican Court
Oriental, NC 28571
Subject Property: Lot 17, Serenity Circle, The Cloisters at Kershaw Creek
Oriental, NC
AIPPROVAL 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. Friedman:
Yoju have our approval, in accordance with the conditions listed below, to impact approximately 1652
square feet (ft) of Zone 2 of the protected riparian buffers for the purpose of constructing a home on the
subject property as described within your application dated October 14, 2005. 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 for the purpose and design that you described in your variance request. If you change
yotgr 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. This approval requires you to follow the conditions listed below.
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 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
2. Diffuse Flow
401 Oversight/Express Review Permitting Unit
1650 Mail Servijce Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr.state.ne.us/ncwetlands
` Cary
Nom 'na
J0a§raV;
An Equal Opporltunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper
Sylvan Friedman
Page 2 of 2
October 19, 2005
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, 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 Tar-Pamlico River Riparian
Buffer Protection Rules (15A NCAC 2B .0260 (9)(b)). Please call Mr. John Dorney at 919-733-9646 or
Kyle Barnes at Washington Regional Office at 252-946-6481 if you have any questions or require copies
of our rules or procedural materials.
Sincerely,
1
. Klimek, P.E.
AWK1jrd
Enclosures: Coastal General Variance
Certificate of Completion
cc: Kyle Barnes, DWQ Washington Regional Office
DCM Washington District Office
File Copy
Central Files
Allen Propst, Mariner Realty, Inc., P.O. Box 750, Oriental, NC 28571
Filename: 20051907Friedmanl.ot l7(Pamlico)GenVAr
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`r REALTY; JNC. 190
?d l?T1VF1?
Sales • Property Management • Appraisals • Development-
October 12, 2005
Kyle Barnes
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
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 train 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.
$y 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
bast 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 aseptic 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.
A
Sincerely,
Allen Propst
C,C4Lvl
Mariner Realty, Inc..
ariner Realty, Inc.. ? D
cc: Diane Edwards,.DWQ - Raleigh office. OCT 1 4 2005
t]EN?{: Wq
11'?as,?sAt?17,,
P&MO on rwVcW. Paw
.Post Office Box 750 • Oriental, North Carolina 28571 • [phone]
www.orientaincwaterfront.com
8100-347-8246
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.
ai 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 0213.0243)
Part 1: General Information
(Please include attachments if the room provided is insufficient
OCT 4 2005
1. Applicant's name (the corporation, individual, etc. who owns the property):
Kershaw Creek Properties, LLC DENR WATER QUALITY
RANCH
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Sylvan Friedman
Title: President/Owner
Street address: _1_0_3 Pelican Circle
City, State, Zip: Oriental, NC
Telephone: (252)_249-0640
------ ---- ----- --
Fax: [phone]. Contact person who can answer questions about the proposed project:
_
Name: Allen Propst /Mariner Realty, Inc.
Telephone: ( 252) 749-1014
Fax: ( 252)_249-2700-_-_
Email: _ marine r_?_amlico. aet --
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot 4/17, The Cloisters at Kershaw Creek
Version 2: November 2002

5. Project Location:
Street address: Lot // 17, Queen Anne's Court
----- - --- --
City, State, Zip: Oriental, NC 28571__=__ _ _ - _-__________ _
County: _Pamlico __
Latitude/longitude: _35°02' 10.03" N76°43'05.88" W
6. Directions to site from nearest major intersection (Also, attach an 8 '/z x 11 copy of the USGS
topographic map indicating the location of the site):
Turn South onto Tea_ch's_Cove Road from Kershaw Road. Go aDnro imately
3/4 mile to Kershaw _Creek Drivq_Ceqtrance road not yet signed or Paved).
Follow Kershaw Creek Drive to queen Anne's Gourt, turn right?_ Lot 17
is at the ena of the cul-de-sac on the right.
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 (Neese) 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:
X X 7/06/05
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.)
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.]:
Construction of a single-family home,,_ There will be an impgct_of
4,651.81 square feet in Zone II. There will be no impact to 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 property, the location of-the buffer zones
and the_site-specific _location of the septic permit, it is impossible
to construct a home of reasinable size without this impact to Zone_11.
Variance Request Form, page 2
Version 2: November 2000
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.):
Gutters and leaders on the home will be used to divert the 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_reasr able 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 properties are quite expensive. Persons who purchase waterfront
property need the ability to construct a home of reasonable size. If the
size of the home is restricted further, the value of the property could be
educed as much as 50%.
Part 3: Deed Restrictions
By your signature in Part 5 of this application, you certify that all structural stormwatar 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): Allen Propst/Mariner Realty, Inc.
Mailing address: PO Box 750
City, State, Zip: Oriental, NC 28571
Telephone: _ 252-249-i014
Fax: [phone] _
Email: [e-mail]
Part 5: Applicant's Certification
Variance Request Form, page 3
Version 2: November 2000
1 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: i,
Title: _Presid
Owner
Variance Request Form, page 4
Version 2: November 2000
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NORTH CAROLINA
WARRANTY DEED
PAMLICO COUNTY
THIS DEED, made and entered into this the ? 157 day of ?u 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 1v -A
NC Zg 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.
Henderson, Baxter, Taylor & Gatchel, P.A.
S },. 6 b s-?- Attorneys at Law
Post Office Drawer U
Pcr?1..", New Bern, North Carolina 28563
• l
MW 4V PAGE 5.97
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: A'V V1
J HN W. TAYLOR, Manager
STATE OF NORTH CAROLINA
COUNTY OF G Y'N V e- A/
I, CAM A n• G?lSk11.?s , a Notary Public, do hereby certify that JOHN W.
TAYLOR pe onally appeared before me this day and acknowledged that he Is the Manager of KERSHAW
INVESTMENTS, LLC, a North Carolina Limited Liability Company, and further acknowledged the due execution
thereof. K
WITNESS my hand and official stamp or seal, this the day of 'Ta
c' ,,,0'-rA R
Nota Public
My Commission Expires: 1}-t5- • N CQ(iN1? '
fff!!!!f!t!lfff!!flif ff!!!fflff!!lfff!!
NORTH CAROLINA
PAMLICO COUNTY
CtidwewG? -Ar-
The foregoing certificate of 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 l? . at Page X591.
This the 52LE bay of cS at i49o'clock -pm.
jt )-1 on.? BY: OuJM?+-'?l OC2w v?J? ltao?
REGISTER OF DEEDS REGISTER OF DEEDS
I
800K 418 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 Kershaw Deal

A
LEGEND
£IP EAIS71NG IRON PIPE
EIR EXISTING IRON ROO
EPK EXISTING PK NAIL
SIP SET IRON PIPE
SPK SET PK NAIL
NPS NO POINT SET
R/W RIGHT OF WAY
EOP EDGE OF PAVEMENT
VICINITY SKETCH
NOT TO SCALE
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8 <``\ \
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'AREA OF IMPACT
ZONE 2 . . . 1651.81 SF
THIS PROPERTY IS LOCATED WITHIN
A SPECIAL FLOOD HAZARD AREA
---------------------------
FLOOD ZONE . . . . . . . . . . . . . . . AE
BASE FLOOD ELEV . . . . . . . . . . . 7.0
FIRM MAP . . 3720648600J
COMMUNITY NAME . . . TOWN OF ORIENTAL
COMMUNITY # . . . . . . . . . . . 370279
EFFECTIVE . . . . . . . . . . JULY 2, 2004
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

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LINE TABLE
LINE BEARING LENGTH
L27 N11'07'25"E 85.15'
L28 N47'57'1 7"W 55.81'
L29 N44'53'04"W 90.90'
L30 N25'05'04"E 109.53'
CURVE TABLE
CURVE RADIUS LENGTH BEARING CHORD
C20 55.00' 40.59' S40'56'38"E 39.68'
C21 55.00' 37.04' S00'30'22"E 36.35'
C22 55.00' 17.00' S27'38'29"W 16.93'
MINIMUM BUILDING LIMITS
----------------
FRONT . . . 30'
SIDE.... 10'
REAR... 15'
REFERENCES
PC A, SL 51-1
OB 417 PG 450
- SURVEY FOR -
KERSHAW CREEK
PROPERTIES, LLC.
LOT #17, 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: [phone]
Fax: [phone]
LEGEND
R kWw
fA EnsING 4AN Rao
OWNER/DEVELOPER .....
KERSHAW LNFFK PROPERTIES LLL

FnS]WO MxA4 103 PE
103
ICAN CIRCLE
ORIENTAL NC 28571
2BST
9x YT Px AIAA NUMBER OF LOTS:........ 24
Ma' T ACREAGE OF DEVELOPMENT ... 59641 AC
A45 WR A[Nf YF ACREAGE OF LOTS:..... .. 26.262 AC
W,W RwrY ur AREA OF R/Y........... A.461 AC
EW FM 6PAN1pr LENGTH OF STREETS ........7111.5,34 U
MINIMUM SURDING UMITS UNLESS SHOWN OTHERWISE
FRONT... b'
SIDE.... 10'
REAR ... 40'
UTIUTY AND DRAINAGE EASEMENTS SHALL BE.
IO' ALONG ALL ROAD RIGHTS-OF-wAY
15' CENTERED ALONG ALL LOT LINES
OMER EASEMENTS AS SHOWN ON MAP
MIS SUBDIVISION WILL BE SERVED BY COMMUNITY MATER
SYSTEMS AND INDIVIDUAL. SEPTIC TANKS
ALL ROAD NTERSECTIONS HAVE 10110' STE TRIANGLES
AS REWIRED BY ME NORM CAROLINA DEPARTMENT
OF TRANSPORTATION
A PORTION OF MIS PROPERTY IS LOCATED IN A SPECIAL
FLOOD HAZARD AREA (ZONE AE) AS PER FIRM MAP
372M4250OJ EFFECTIVE JULY 2. 2004. FLWD LINES
SCALED AS SHOWN ON FIRM MAP.
REFERENCES
06 411 PC 457
PC A. SL 51-1
PC A, SL 52-1
I
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II I L
ENTRANCE DETAIL w/ INTERIOR ISLAND
NDT TO 9CALC
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A i WA
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TYPICAL CUL-DE-SAC DETAIL
NoT m SCALE
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\ PROPERTY LINES ALONG KERSHAW GREEK
WERC TAKEN FROM A MAP PREPARED BY
MMIMM AND CREED, RECORGEO N PLAT
CABINET A SLIDE 51-1. p?,,/?
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1, KENOALL E. WSKINS CERTIFY THAT THIS SURVEY IS A COM9INATON
OR RECOMBINATION ON EXISTING LOTS OF A SUBDINSION.
KENDALL E GASKNS L-3824
I KENDALL E. G.ASKINS CERTIFY THAT TONS PLAT WAS DRAWN UNDER MY
SUPERNSON (DEED DESCRIPTION RECORDED N BOCK $[, PACE
R[RRENCCS T (OTHER MAT ME BOUNDARIES NOT
SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM NFORMATON FOUND N
BOCK_ PAGE_: THAT ME RATIO OF PRECISION AS CALCULATED IS
I:10000+ THAT THIS PLAT WAS PREPARED N ACCORDANCE NM C.S.
47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION
NUMBER AND SEAL THIS _ DAY OF AD.. 2005
KENDALL E GASKNS L-5524
DISTRICT ENGINEER
NC DEPARTMENT OF TRANSPORTATION
FILED FOR REGISTRATION AT _ AM/SW O'CLOCK
THIS _ DAY OF_ 2005
RAT CABINET _ SURE _.
SUE K WHITFO D
REGISTER ON DEEDS/ASSISTANT/DEPUTY
THIS PUT REPRESENTS A SRVEY ? PROPERTY MAT IS NOT SUBJECT TO STATE OF NORM CAROLINA
ME APPROVAL OF ME PAYIICO COUNTY 80ARO OF COMMISSIONERS
I HEREBY CERTIFY THAT MIS SURVEY IS EXEMPT AND HAS BEEN APPROVED COUNTY OF PAMUCO
FOR RECOROATION AT ME RWUC11 COUNTY REGISTER OF DEEDS OFFICE
L . RENEW OFFICER OF PAMUCO COUNTY. CERTIFY
S10ONSON ADMINISTRATOR THAT ME MAP DR PUT M WHICH THIS CERTIFICATION IS AFFIXED N
NUM All STATUTORY REQUIREMENTS FOR RECOROING
GATE
REVIEW OFFICER DATE
VICINITY SKETCH
(NOT TO SCALE)
200 100 0 200 400
SCALE: 1 - 200'
M / \
nuRaHREY ?
4EV / •\ /.. .. ?WrW W3 ` DB 219 PG 995 1
L 7 Cl? V ?v Pc n a 25-1
TAX ID: 108-1
/ ? ? gE 4a 1 1 1 /: / er
41
A.L!'
BUCCANEER BAY WEST
SECTION?
PC A. SL 32-1
TAX MI:
REGISTER OF DEEDS
\ PROPERTY UNES ALONG KERSHAW CREEN
WERE TAKEN FROM A MM PREP; RED BY STATE Of NORTH CAAd1NA
Md I- AND CREED, RECORDED tl PLAT. COUNTY ON PAA. MUCO
/ CABINET A SIOC 51-1.

THIS IS TO CERTIFY THAT ME STREET DESIGN SPECIFICATIONS
SHOWN ON THIS SUBONSION MAP HAVE BEEN EXAMINED AND
FOUND TO BE IN ACCORDANCE WTH THE MINIMUM ROHT-CF-WAY
ANO CONSTAUCTON STANOAROS ESTABLISHED BY ME SECONDARY
ROADS COIMOL OF ME NORM CARWNA DEPARTMENT OF
TRASPORTATON FOR ACCEPTANCE ON ME STATE HIGHWAY
SYSTEM.
THIS -DAY CF , 2005
CIST,: 0-