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
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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:
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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
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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