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HomeMy WebLinkAbout20040226 Ver 1_COMPLETE FILE_20040214MEMORANDUM TO: John Dorney Regional Contact: stephen lane Non-Discharge Branch WQ Supervisor: roper thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Frederic P. White County Pamlico- _ Project Number 04 0226_ County2 Recvd From APP Region Washington Received Date 2/16/04 Recvd By Region Project Type single family residence Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet - - - Req. rReq. - Type Type V-0 Impact - Score F Index rPrim. Supp. Basin F- I- NBR Buffers O 1' O N 27-134 SA NTNN Q 30,410. r-- Mitigation Wetland MitigationType Type Acres Feet -? Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y ON Is Mitigation required? O Y *N Recommendation: # Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Waro recommends issuance of "General" Maior Variance for 1,260 square fleet of impacts in Zone 2 for the subject proefy. - SDL 4/1/04 cc: Regional Office Page Number 1 Central Office A7-FR Michael F. Easley, Governor Q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources t' Alan W. Klimek, P. E. Director - Division of Water Quality Ri4or op" Coleen H. Sullins, Deputy Director Division of Water Quality May 5, 2004 DWQ Project # 04-0226 Pamlico County Page 1 of 2 Frederic P. White, Jr. C/o: Sailloft Realty, Inc. PO Box 130 Oriental, NC 28571 Subject Property: Lot 29 & 30, Neuse Winds S/D, Orchard Point Road, Oriental, NC 28571 Orchard Creek [03-04-10, 27-134, SA HQW (high quality water) NSW (nutrient sensitive)] APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS Dear Mr. White: You have our approval, in accordance with the conditions listed below, to impact approximately 1,260 square feet (ft2) of Zone 2 of the protected riparian buffers for the purpose of constructing a 'residential dwelling, porch and steps on the subject property as described within your application dated February 3, 2004. This letter shall act as your approval for the use of the "General" Major Variance; From the Neuse and Tar-Pamlico Riparian Buffer Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by the Coastal Area Management Act with ADDITIONAL CONDITIONS as approved by the Water Quality Committee (WQC) of the Environmental Management Commission (EMC) on May 10, 2001. In addition, you should get any other required federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control and CAMA permits. This approval shall expire when the variance expires on April 11, 2006 unless the variance is renewed before that time by the EMC. This approval is only valid for the purpose and design that you described in your variance request. If you change your project, you must notify us and you may be required to send us a new request for approval. If the property, is sold, the new owner must be given a copy of this approval and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed below. Conditions: 1. Certificate of Completion - Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 2. Diffuse Flow - All new stormwater drainage shall be directed to vegetated areas as diffuse flow at non-erosive velocities prior to entering the protected riparian buffers as identified within 15A NCAC 2B.0233(5). No new ditching or piping of stormwater through the protected buffers is allowed. 3. No Impacts to Zone 1- No impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and activities designated as "exempt" within 15A NCAC 02B .0233), unless otherwise approved by the DWQ. 4. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/ Frederick P. White, Jr. Page 2 of 2 May 5, 2004 similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233. If you do not accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules (15A NCAC 2B .0233 (9)(b)). Please call Mr. Bob Zarzecki at 919-733-9726 or Mr. Tom Steffens at 252-946-6481 if you have any questions or require copies of our rules or procedural materials. Sincerely, 9CL;;1y1 W. Klimek, P.E. :tor, DWQ Attachments: Coastal General Variance Certificate of Completion cc: Jerry Ryan, Atlantic Survey & Design, PA, PO Box 770, New Bern, NC 28563 Tom Steffens, DWQ Washington Regional Office DCM Morehead City District Office File copy Central Files bz DWQ Project No. 040226 May 5, 2004 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: stephen lane WQ Supervisor: roper thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Frederic P. White County Pamlico Project Number 04 0226 County2 Recvd From APP Region Washington - Received bate 2/16/04 Recvd By Region Project Type single family residence Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score, Index Prim. Supp. Basin Req. Req. NBR BuffersO Y O -NF-F-27-134 SA NSWHQ 30,410. t_ Mitigation MitigationType- Y.: ON Wetland Type Acres Feet ?e Is Wetland Rating Sheet Attached? O Y O N Did you request more info? ` O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y OQ N Recommendation: Q Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: cc: Regional Office Central Office Page Number 1 r (252) 514-2858 03/31/2004 05:42:41 PM P.3 OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment-and Natural Resources Division of Water Quality "General Major Variance Request-Forxn - From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures on existing lots within the coastal counties as defined by the CoastalAreaHanagementAct (As Approvcd by the Water Quality Committee of the Environment Management Commission on 5/912001) ------------- - -- - -- ----------- ----------- ---------------- Please identify which Riparian Area Protection Rule applies. 4A 107 o Neuse River Basin:. Nutrient_Sensitive Waters Management Strateg-ft,Q 49d- Protection and Maintenance of Riparian Areas Rule (I SA NCAC 02B OQ .0233) u Tar Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.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 4011Wetlands 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): Frederic P. White, Jr. 2. Print OwnerlSigning Official (person legally responsible for the property and its compliance) Name: Frederic P. White, Jr. Title: Owner Street address: PO Box 770 City, State, Zip: New Bern, NC 28563-0770 Telephone: 252 633-6649 Fax: 3. Contact person who can answer questions about the proposed project: Name: Jerry Ryan Telephone: (252) 633-6649 Fax: l 252) 514-2858 Email: asdmail (Mearthlink.net Version 1 : May 2001, (252) 514-2858 03/31/2004 05:42:41 PM P.5 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans,, specifications, letters, operation and maintenance agreements, etc): _ Lot 29 & 30, Neuse Winds 5. Project Location: _ Street address: Orchard Point Road City, State, Zip: Oriental, NC 26571 County: Pamlico Latitude/longitude: 35003'31" -76038'24" 6. Directions to site from nearest major intersection (Also, attach an 8''/2 x 11 copy of the USGS topographic map indicating the location of the site): US 17, south on NC 55; left onto NCSR 1322, right onto NCSR 1321, right onto NCSR 1317, -1.7 mile +/- to Neuse Orive right onto Bright Lane: left onto Orchard Point Road, on right near end of Road _ -------- 7,__Stream-to be impacted by the proposed activlty: Stream name (for unnamed streams label as "UT" to the nearest stream): Orchard Creek Stream classification [as-identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or .0316 (Tar-Pamlico)]: 0315 Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: No CAMA Major Yes No CAMA Minor No 401 Certification/404 Permit No Yes 6/25!99 On-site Wastewater Permit - - No NPDES Permit (including stormwater) No, Non-discharge Permit No Water Supply Watershed Variance No 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 ftz.]: 1,260 Sq. Ft. encroachment into Zone 2 (includes dwelling, porch, & steps) as shown on attached plat. 2. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers: Lot is too small and restricted for alternate plan General Variance Application Form, page 2 (252) 514-2858 03/31/2004 05:42:41 PM P.6 3. Description of any best management practices to be used to control impacts associatedwith 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 Sitt fence during land disturbance and re-vegetation of grasses and new landscape plants as soon as possible 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this,. Rule. Lot would not be able to be utilized in a practical manor. (2) How these difficulties or hardships result from conditions that are unique to the property involved. Refer back to question 2-and enclosed plat for obvious self explanation_ (3) If economic hardship is the major consideration, then include a specific explanation of the economic hardships and the proportion of the hardship to the entire value of the project. Refer back to all previous questions and enclosed plat for obvious self explanation Part 3: -Deed Restrictions _ By your signature in: Part 5 of this application, you certify, that all structural sto rmwater -best - management practices required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. Part 4: Agent Authorization If you wish to designate submittal authority to another individual or firm so that they may` provide information on your behalf, please complete this section: Designated agent (individual or firm): Jerry Ryan. Atlantic Survey & Design, PA Mailing address: PO Box 770 City, State, Zip: New Bern Telephone: 252 633-6649 Fax: 252 514-2858 Email: asdmail .earthlink.net Part 5: Applicant's Certification t, Frederic P. White, Jr., 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. Z Title. AQe for Owners General Variance Application Form, page .33 (252) 514-2858 03/31/2004 05:42:41 PM PA i 'Irk t ' I •.? Qaj ? ?• ?. s ?' /I ? \ \,?\ \? ? fir.--• ??,? ? (p o V / C ire x. 5. tank _ `\ -) *b?- i ra+a ' P 1 6• e7 SSYY?„' _S M0,00. W 41 % o r my 14 0 30 GO ?zo UN a` s a o ( ) `' g; rr?? Q j ` 0 , . CL ., * o G O ' b CF O n 9 w ? ca + Q G1 O J? /l'?n O (? l ? 0 •`??'' 4 ? II C V [ ? ?* z rr v (? Y r Q? O r- W O?tik r ,?, aaN?t N<c N ?CrAiS A` "?? O ?nC N3 ?_ 2?2 NNZ h7?pZ? p A1D D ?? 4'~iO?ppS pnA?'?tp A ??•, C7?? Z nm A ? az?'nnm? r a ?_k$DN?? O aWinP- ?+1 rnnN yNr$7 y yAVC, A_-(? N nP p ? 7~9O=Dr?gT- 0-rnr"L OFFICE USE ONLY: Date Received Request # 040226 ""LANDS/ 401 GROUP State of North Carolina Department of Environment and Natural Resources Division of Water Quality FEB 1 6 2004 "General" Major Variance Request FoHW4UALITYSECTION From the Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area Management Act (As Approved by the Water Quality Committee of the Environment Management Commission on 5/9/2001) Please identify which Riparian Area Protection Rule applies. Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B .0233) ? Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC 0213.0259) NOTE: To constitute a complete application, all of the information requested in this form must be provided. Incomplete applications will be returned to the applicant. The original and two copies of the completed "General" Variance Application form and any attachments must be sent to the DWQ 401/Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650, 919-733-1786 to constitute a complete submittal. This form may be photocopied for use as an original. Part 1: General Information (Please include attachments if the room provided is insufficient.) 1. Applicant's name (the corporation, individual, etc. who owns the property): Frederic P. White, Jr. 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Frederic P. White, Jr. c/o Sailloft Realty, Inc Title: Owner Street address: PO Box 130 City, State, Zip: Oriental, NC 28571 Telephone: (252 ) 249-1787 Fax: 3. Contact person who can answer questions about the proposed project: Name: Jerry Ryan Telephone: L 252_) 633-6649 Fax: (252 514-2858 Email: asdmail _earthlink.net Version 1: May 2001 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Lot 29 & 30, Neuse Winds 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: Orchard Point Road Oriental, NC 28571 Pamlico 35°03'31" -76038'24" 6. Directions to site from nearest major intersection (Also, attach an 8 Yx 11 copy of the USGS topographic map indicating the location of the site): US 17, south on NC 55, left onto NCSR 1322, right onto NCSR 1321, right onto NCSR 1317, 1.7 mile +/- to Neuse Drive, right onto Bright Lane, left onto Orchard Point Road, on right near end of Road 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest stream): Orchard Creek Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: 0315 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: No CAMA Major Yes No CAMA Minor No 401 Certification/404 Permit No Yes 6/25/99 On-site Wastewater Permit No NPDES Permit (including stormwater) No Non-discharge Permit No Water Supply Watershed Variance No 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.]: 1,260 Sq. Ft. encroachment into Zone 2 (includes dwelling, porch, & steps) as shown on attached plat. 2. State reasons why this plan for the proposed activity cannot be practically accomplished, reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers: Lot is too small and restricted for alternate plan General Variance Application Form, page 2 3. Description of any best management practices to be used to control impacts associated with the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow, re-planting vegetation or enhancement of existing vegetation, etc.): Maintain Silt fence during land disturbance and re-vegetation of grasses and new landscape plants as soon as possible 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. Lot would not be able to be utilized in a practical manor. (2) How these difficulties or hardships result from conditions that are unique to the property involved. Refer back to question 2 and enclosed plat for obvious self explanation (3) If economic hardship is the major consideration, then include a specific explanation of the economic hardships and the proportion of the hardship to the entire value of the project. Refer back to all previous questions and enclosed plat for obvious self explanation Part 3: Deed Restrictions By your signature in Part 5 of this application, you certify that all structural stormwater best management practices required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. Part 4: Agent Authorization If you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: Designated agent (individual or firm): Jerry Ryan, Atlantic Survey & Design, PA Mailing address: PO Box 770 City, State, Zip: New Bern Telephone: 252 633-6649 Fax: 252 514-2858 Email: asdmail -earthlink.net Part 5: Applicant's Certification I, Robert and Suzanne Mendell, certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. ??,e Date -?? ?O General Variance Application Form, page 3 Signature: H w O H O E 54, 4 i O H O U O H 6E W J J FQ- U) 2 O U 2 O U 6E W m 2 W CL W ti W F• Q1 W y I W m zz z Q W CL 0 CL W? W O i 0 J Z co z U Q (?J? o Q O m w > OU p = W O Q N 0 _ z Z LL, W w U) CD D O Co z O m LL w D LLLJ te D R H Q.. H w z - U) _ 2 0 o . a O C~j w a O O U U FN- 0 Z CL Z Q W Z O QQ m QQ cr to Q U N Q uz.! p W d z U Q LLJ w Q h N w CL LU w 2 z U ? WI U Z W ?-LLI FS LIJ p? LU J D u_ F- *k D y F- z Z w L O W ?-- U Q CL j J LL .t J u- U- W Q Z Q U = O ??z J W O J U U = p ~ p c i? O a y U W N ? W a - w W O ? N j V) T O tq ty nom y a 3 Q , W ¢ U Z O h J J J to J ¢ ¢ a z a W C? w N Z ¢ ¢ p cn = O o JQ ? j w O p = H .? ? cl g gZ Ww?. LLJ Q 2 J z z z zcr, W =0 00 a O= g U- W C' Q O O 2 F FQ- to Q Vr Q aQ U J ? ? W ? ? U W J Q C - Z U) LLI Q Z O a O LLI W > o_ J .. Q a j > U Y U LL- W J = W Z U o!_ O w -_ J 0 2 z cr- PAMLICO COUNTY HEALTH DEPARTMENT ENVIRONMENTAL HEALTH SECTION BAYBORO, NORTH CAROLINA 28515 IMPROVEMENTS PERMIT Permit valid for 5 years ISSUED T0: H. L. Ste phenson PERMIT # ADDRESS: P. 0. Boa 188 RECORD # Oriental NC 28571 MAP # K 08-72-29 REGISTERED PLAT: MAP BOOK NA PAGE NA DATE NA REGISTERED DEED: DEED BOOK NA PAGE NA DATE NA SUBDIVISION: TOWN: LOCATION DIR THIS PERMIT IS HEREBY ISSUED TO SERVE A: HOUSE (XXX) MOBILE HOME ( ) OTHER ( #BEDROOMS: 3 #FACTORS LOT # 29 SP. # 1317 WATER SUPPLY: (X) PUBLIC 10 feet OR ( ) PRIVATE feet from any part of septic system SITE CLASSIFICATION. ( ) SUITABLE (XXX) PROVISIONALLY SUITABLE LAND DRAINAGE: ( ) ( ) DITCH NECESSARY and and and and *** If land drainage The Army Corps of SUGGESTED { ) NECESSARY SUB-SURFACE TILE NECESSARY set deep TRENCH ROCKED TO WITHIN 1'OF GROUND SURFACE WITH POLYURITHANE CURTAIN: FRENCH DRAIN FINISHED AT OUTFALL W/ SOLID PIPE & SCREEN FINISHED AT OUTFALL W/ CHECK VALVE Is necessary, you may need to contact CAMA or Engineers for appropriate Permits DESIGN:( ) LOCATION OPTIONAL (XXX) LOCATION AS SPECIFIED ON PLOT PLAN t ) CONVENTIONAL SYSTEM:(ref.1955) 18"X 3'trench, rock 12"deep (XXX)•LINE SPACING nitrification lines on 10 'centers (XXX) SHALLOW SYSTEM:(ref.1956) trench 36 g wide, rock 12"deep, *** add fill = 6" soil cover, rock to natural ground surface ( ) MOUND SYSTEM:(ref.1950b) trench 18" deep & of wide in suitable fill extending ' beyond any part of system *** 6" = depth of FILL; pump necessary if unable to gravity feed *** If fill material is prescribed, you may need to contact The Army Corps of Engineers or CAMA for appropriate permits. Repair (XXX) LPP SYSTEM:(ref.1957) see comments for design criteria ( ) BED SYSTEM:(ref.1955d) see comments for design criteria ( ) OFF-SITE DISPOSAL:(ref.1957) see comments for design notes 1000 _Sal SEPTIC TANK 1000 gal PUMP TANK for REPAIR 900 SQUARE FEET NITRIFICATION FIELD or NITRIFICATION BED 300 LINEAR FEET NITRIFICATION LINE; 4 ( 75') or t ') (XX) COMMENTS: GENERAL: ( 1 COMMENTS: MOUNDED SYSTEM- HEIGHT = " BASAL AREA ?X ' CROWN AREA: X ADDITIONAL FOR ALL SYSTEMS: LANDSCAPE SYSTEM AREA FOR SURFACE WATER RUNOFF AND GRASS DO NOT PLACE DRIVE OR ANY BUILDING OVER SYSTEM AREA OBSERVE ALL PROPER SETBACKS: ref .1950 TANKS MUST BE PUMPED CLEAN AS A PART OF ANY SYSTEM REPAIR. DISC NATURAL GROUND BEFORE INSTALLATION OF ANY FILL ALARM & ON-OFF FLOATS ON PUMPS MUST BE ON SEPARATE CIRCUITS * IF BUILDIk AREA EXTE14DS INTO SYSTEM AREA THIS PERMIT WILL BE INVALID * IF ANY OTHER REGULATORY AGENCY DENIES PERMITS FOR LAND ALTERATIONS AS DESCRIBED HEREIN, THIS PERMIT WILL BE INVALID PLOT PLAN MUST NOT BE ALTERED UNLESS BY SANITARIAN APPROVAL *#k*#*#*#*kttzttttkt#tttt*xt#t# PLOT PLAN tt**tt*t**#tk*##ktY#*t**t**** 1 r r TE E' - 9 J9 X DAVID I. ST-EI ENVIRONMENTAL HEALTH SPECIALIST ALL SEPTIC SYSTEMS MUST BE INSPECTED & RECEIVE APPROVAL BY THE LOCAL HEALTH DEPARTMENT BEFORE BEING COVERED OR PLACED INTO USE AND NO ELECTRICAL CONNECTION SHALL BE ALLOWED UNTIL APPROVAL HAS BEEN RECEIVED. (GS 130A) A PLOT PLAN (TO SCALE) SHOWING ALL BUILDINGS, DRIVEWAYS, WATER LINES & SEPTIC SYSTEM LOCATIONS MUST BE APPROVED BY THE ENVIRONMENTAL HEALTH DEPARTMENT PRIOR TO RECEIVING A BUILDING PERMIT. No Stamps Book Page 0356 010 FILE( PAKICO Cd TY 0 07/27/2000 1:58 PM JOYCE E CARAWAR Register Of Deeds A.nn?A ino Tim. RnnU .-A O.- Mail after recording to ...................................................................................................................................................................................... (NO TITLE EXAMINATION PERFORMED BY PREPARER) .................................................................................................................................................................................................................................... This instrument was b Robert W. Wolf, Attorney., Forest City,.NC . prepared Y ......................:................... ..... ............ ............ ............ ..... ............ ................................................................ Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .......13.... day of ......:... June .......................................... 2000...., by and between GRANTOR Frederic P. White, Jr., and wife, Elisabeth H. White GRANTEE Frederic P. White, Jr. 1411 Freeman Road Bostic, NC 28018 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e q. corporation or partnership. The designation Grantor and Grantee qs used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. 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 the City of .... Number ... . Two ......... .. Towirskip, .................... ..Pamlico ................ County, North Carolina and more particularly described as follows: See Schedule "A" attached hereto for complete description of subject property Schedule "A" is incorporated into this deed by reference as if fully set fortlk RETURNED TO DATE RETURNED 9- - a? Tax Lot 14o ........................................................................................... Parcel Identifier No........................................................................... Verified by ........................................................................ County on the ................ day of ........................................................, ............ by ................................................ :..............................:.....................................:.......................... ...................... r' Book Page 0356 0110 The property hereinabove described was acquired by Grantor by instrument recorded in .............................................................. .................................................................................................................................................................................................................................... A map showing the above described property is recorded in Plat Book .................................... page......................... 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, .and that Grantor will warrant and defend the title against the lawful-claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: IN WITNESS WSEB.EOF, the Grantor has hereunto set his hand and seal, if rporate, has caused this instrument to be signed In its corporate name by Its duly authorized officers and its seal to be hereunto affixed orlty of its Board of Directors, the day and year first above written. ,_V /--= --- -------------------------------------------------------------- ------------ (SEAL) (Corporate Name) Z Frederic P. White, Jr. ____________________________President Elisabeth H. White ATTEST: U ---------(SEAL) --------- !------------------------------------_ ---'------------------------------------------------ e_$ecretarY (Corporate Seal) id --------------------- (SEAL) ' fa>. a?:•.? .der,: ggATi-Sad.: NORTH CAROLINA, __-------County. =`,'J ^< P. tate aforesaid, certify that Frederic --- White ,- Jr ----.------ a.. "2p?C'I, a Notary. Public of the Count S :. ' T. r?TS••?. /3 ----------------- Grantor, personally appeared Detote me this day and acknowledged a exe noon of the foregoing instrument Witness my {{??•• , .M. hand and official stamp or seal. this -__ day of _- _ ----- wJ MY commission expires: --------- -_-1???1C_?ISC--- --- _ He __-_-____County 88AL ?11Ta$'. -:,::.. NORTH CAROLINA- ------ ---------------------------------- I, a Notary Public of the county as estate aroresaid ?certit that Elisabeth H+ White • .: `.=',..:.•:•.F=7;?w:•+';?rii °.w personally came before me this day and acknowledged --° --------------------------- the execution of the forego n,9 ,fi ,,e•. _ y a ~ c..}yttaess my band and official stamp or seat, this _ LL-day of ------ -------- :My commission expires: ------ ?!' !C -------- Notary Public .. G h The foregoing Cer tltlcate(s) of •t-?--------•----------------- -------------------------------- ---------------------------------------------------------------------------------------------- Is/are certified to be correct. This Instrument and this certificate are duly registered at the date and time and In the Book and Page shown on the - first page hereof. --'' _ -- __------------------------------ B.EGISTER OF DEEDS FOB-------- A? ______________COUNTY .. By -_--__-- -- Scarf!/Assistant - Register of Deeds EXHIBIT "A" Book Q Page arrofi a and-being1described as Located in Number Two Township, Pamlico County, North S36 follows: TRACT ONE: ARCEL NO.1• Lot Numbered 29 which is shown on the map entitled "Plan of Neuse Winds," prepared by Herbert J. (Josh) Nobles, Jr., RLS, which is recorded in.Plat Cabinet A, Slide 43-7, Pamlico County Registry. aid lot is also shown on a map prepared by Matthews & Blizzard Surveying PLLC, dated June 29, 1999, entitled "Survey for Frederic P. White, Jr., Elisabeth H. White," copy of which is attached hereto and incorporated herein. Said lot is subject tot he Restrictive Covenants dated June 29, 1989, recorded in Book 261 at Page 61 (re-recorded in Book 268 at Page 531), Pamlico County Registry, and the amendments thereto recorded in Book 265 at Page 26, Book 273 at Page 748, Book 311 at Page 822 and Book 313 at Page 239, said registry, and to Subdivision Street Disclosure Statement dated July 19, 1989, recorded in Book 261 at Page 388, said registry. EXCEPTING ALL UTILITY EASEMENTS OF RECORD. TRACT TWO: PARCEL NO, 1: J #Located in Number Two Township, Pamlico County, North Carolina, on the east side of Orchard Creek and west side of Orchard Point Road and being Lot 30 which is shown on the map entitled n "PLAN OF NEUSE WANDS," prepared by Herbert J. (Josh) Nobles, Jr., RLS, which is recorded in Plat Cabinet A, Slide 43-7, Pamlico County Registry. Said lot is also shown on a map entitled "SURVEY FOR FREDERIC.P. WHITE, JR. ELISABETH H. WHITE," dated March - 12, 1999, prepared by Matthews & Blizzard PLLC, copy of which is attached hereto and incorporated herein by reference. ?? o ?S?PAS AN APPURTENANCE to the above-described lot there is conveyed herewith a perpetual, non-exclusive easement for ingress, egress and regress from Orchard Point Road to said lot over Q1L ?a ?c t' and along the "ACCESS EASEMENT" as shown on the attached map and also shown on the 1 boatslip plat recorded in Plat Cabinet A, Slide 96-3, Pamlico County Registry. ? This conveyance is made subject to the following: .719 9 < Y (1) The Declaration of Covenants dated June 29, 1989 and recorded in Book 261 at Page 61(re- recorded in Book 268, Page 531), Pamlico County Registry, and the amendments thereto recorded in Book 265 at Page 26, Book 273 at Page 748, Book 311 at Page 822, and Book ,? - 313 at Page 239, said registry, and the Subdivision Street Disclosure Statement recorded in Book 261 at Page 388, said registry. X(2) The Subdivision Street Disclosure Statement recorded in Book 261 at Page 388, Pamlico County Registry. x (3) Rights of others in the subdivision streets. (4) The rights and easements of others and the restrictions described in the Boatowners Declaration recorders in Book 313 at Page 243, as amended by instrument recorded in Book 341 at Page 90, Pamlico County Registry. easements strip of land ten feet wide located along the /shoreline of Orchard Creek and those 1,105/1 easements described in the deed to the atowners Association recorded in Book 313 at Page 236, Pamlico County. ?13z?3 ?Q f Page 1 of Page3 I / Book page Qsys2 (/ (6) That easement for an underground sewerage 03560112 system recorded in Book 308 at Page 521, Pamlico County Registry. PARCEL NO, 2: A one-tenth (1/10) undivided. interest in and to that strip of land ten (10) feet in width located along the western shoreline of Lot 30 of Neuse Winds Subdivision, and being shown on that plat entitled "NEUSE WINDS LOTS 28,29 and 30" (the Dock Map), prepared by Herbert J. Nobles, Jr., RLS, dated April 9, 1995 and recorded in Plat Cabinet A, Slide 96-3, Pamlico County Registry, and designated on said map as "PIEROWNERS PROPERTY". PARCEL NO, 3: Also conveyed is a one-tenth (1/10) undivided interest in and to the wooden pier and pilings adjacent to TRACT THREE as shown on the above-reference-referenced Dock Map. Grantors reserve the.right to expand the docking facility a maximum of two additional boatslips. In the event said additional boatslips are annexed, the undivided interest of grantees shall be automatically reduced on a pro-rata basis. PARCEL NO. 4: Also conveyed herewith is the exclusive right to use Boatslip Number Seven (7) as shown on the above-referenced Dock Map. Such Boatslip is assigned to and appurtenant to the aforesaid undivided interest. The above-described exclusive right to use said boatslip shall be an appurtenance to PARCEL TWO herein conveyed and is conveyed subject to all of the following: (1) All of the term, provisions, conditions, restrictions, easements and other matters set forth in the Declaration of Covenants for Neuse Winds Boatowners' Association, Inc., dated May 1, 1996 and recorded in Book 313 at Page 243, Pamilco County Registry, as amended by instrument dated July 8, 1996, recorded in Book 315 at Page 427, and amended by instrument dated November 20, 1998, recorded in Book 341 at Page 90 said registry including but not limited to the obligations to pay assessments and the rights and easements reserved by grantors for the benefit of themselves and their heirs, successors and assigns. All such rights and easements are incorporated herein by reference. L (2) The rights of all governmental entities and the public in general, if there are such rights, to the riparian rights of the. property described in PARCELS FOUR AND FIVE above. (3) The grantees, said grantees' heirs and assigns, agree that they shall not have any right to bring a suit or proceeding to partition and that the institution of any such suit or proceeding shall be an offer to sell such parties; above-described undivided interest to such persons and on such terms as set forth in, Article XI of the Declaration; further, such suit or proceeding shall subject the property instituting it to the penalties set forth in the Declaration. (4) The grantees, said grantees' heirs and assigns, agree that they will not in any way interfere with the rights of others in and to any other boatslip not assigned to the grantees, and the grantees shall use only the boatslip specified above as being assigned to said grantees. (5) The Declaration is incorporated herein by reference as if set forth verbatim. PARCEL NO. 5: /Ctr? A perpetual, non-exclusive easement fifteen (15) feet in width, the centerline of which is described as follows: (A) BEGINNING at the southeast corner of Lot 30 in the western ::dge of Orchard Point Road Page 2 of Page3 Alantic Survey & Vesign, PA (252) 633-6649 . 302 South Front St. . PO Box 770, New Bern, NC 28563 . Fax 514-2858 DATE: February 3, 2004 TO: Tom Steffens NCDWQ 401 Wetlands Unit 943 Washington Square Mall Washington, NC 27889 FROM: Jerry R. Ryan, PLS SUBJECT: General Variance Request RECEI'V'ED FEB -- 4 2004 W YY °AR The enclosed form and accompanying paperwork was prepared by me as agent for the property owner and I will be happy to answer any questions concerning same. Please forward completed request to property owner addressed on form and if possible a copy to me. Thanks Email; asdmail@earthlink.net M :wnn:Q 9-£t :I!moU 000`17Z i :altoS 1,{ 09:mt, ao.mo ` lnouue owi a j t 19MO S en oao - T ?. 7 ., 140, x,414; OW03 4 ` 1 ` l a .^^ sa ` JJJ { + 7-7 ex ?. APB 3'? ? . , 'K dC 9LM.W ICC of U `!!`? '? ?+- ?" ? '?"yam •1 ! O? ? +p . '\ ? ' ? ? llfi 1 P N ' u J l'X a rX w o gk x N 7 yy ttti ,/' / t •p f s dpp `l •at? /x " r 1, 7? f' 00 11 1 1\ L ?1?0?? IP I` + 1 Lot 27 \\ DB. 331, Pg 840 \ \ ?c ` 1\ ?5? _?? ?J I I I paY.king 1 3 I I I \\ \%yv \ /// j 11°o I i I i \, AIL IS 11111 N ?\ / ./ Auk % I I I \ 0? ! / I I o 115' Access i \ \ Easement y I DB 313. Pg 234 %- I Easement 2 \\ /? i j5, C I \ \ 1.260 5q. rt Encroachment Into Zone 2 / \' AM 30 x \ \ Budding footprint (provided by Heinemann) Includes building. deck. + steps +4.74 4 \ \ h ?`? ?. \\ il11c 0 +5.18 P \ .+ 5.44 C Zonee IF - _ 1 \ RroRop Z \ / dlF one I Lot 28 \ \ / P IOS' I / DB. 323. Pg 708 \ \ / 1Z 00, d Greek del. <A? 40 °& °, c? .h , IPF/• 0 U9 0 Re5urvey + Proposed Plot Plan Lots 213 + 30 NEU5F WIND5 Orchard Point. Road for Scott G. ?- Rebecca E. tfeinemann 0 TOWN5HIP No. 2 PAMLICO COUNTY NORTH CAROLINA Revised= Dec 22.2003 A tlentie =5urye + Desi n. PA DATE Oct 15. 2003 y 9 JOB No: 3160 130,.5 Country Club Road New Bern, North Carolina 50ALE: 1• = 60' (252) 633-6649