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HomeMy WebLinkAbout20040227 Ver 1_COMPLETE FILE_20040216Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality June 21, 2004 Stewart H. Smith PO Box 1575 New Bern, NC 28563 DWQ Project # 04-0227 Pamlico County Page 1 of 2 Subject Property: Lot 11, Section 3, Beards Creek Acres, Beards Creek Drive (SR 1134), Arapahoe, NC Beards Creek [03-04-10, 27-111, SC Sw 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. Smith: You have our approval, in accordance with the conditions listed below, to impact approximately 750 square feet (W) 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 May 22, 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 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 anew 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 N. C. 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/ncwetiands) Customer Service #: 1-877-623-6748 Stewart H. Smith Page 2 of 2 June 21, 2004 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. Protective Fencing - The outside buffer boundary and along the construction corridor within this boundary approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer prior to any land disturbing activities to ensure compliance with this variance approval and 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 Tom Steffens at (252) 946-6481 if you have any questions or require copies of our rules or procedural materials. Sincerely, AWK/JRD/bz Enclosures: Coastal General Variance Certificate of Completion cc: Mr. Jerry R. Ryan, Atlantic Survey & Design, 302 South Front Street, New Bern, NC 28563 Tom Steffens, DWQ Washington Regional Office Stephen Lane, DCM Morehead City District Office File copy Central Files Filename: 040227 June 21, 2004 Alantic gurvev & Design, Pa (252) 633-6649 • 1305 Country Club Dr. ? PO B 7 N. B ®r OF Y563 ? Fax 514-2858 May 11, 2004 John Dorney WETLANDS/ 4?1 GROUP NCDWQ, 401 Wetlands Certification Unit 1650 Mail Service Center 01 b???? Raleigh, NC 27699-1650 MAY 1 2 2004 RE: DWQ project # 04-0510 & # 04-0227 -- Resubmitted WATER QUALITY SECTION Dear John: Enclosed are resubmission for both Lot 10 & Lot 11, Beards Creek Acres. Your office returned both these with "Request for Additional Information," on April 27, 2004. Our original submissions were mailed to DWQ on Jan. 15, 2004. Project # 04-0510: On Lot 10 our client, Judith Henning, who is buying the lot from Stewart Smith has agreed to reduce the house size and this and a minor rotation has allowed us to reduce the encroachment into Zone 2, to 425 Sq. Ft. As this appears to pretty much put this lot in line with the 400 Sq. Ft. recommendation of Mr. Lane I am hopeful this will be sufficient for its approval. But, please bear in mind that Mrs. Henning says she will not be purchasing this lot if this variance request is denied and as her contract has gone past its time limits due to the delays with our earlier submittal she can certainly back out of her contract. Project # 04-0227: Lot 11 offers more challenge with Mr. Lane's recommendation suggesting only 200 Sq Ft. encroachment is needed. Yes, you can position the house with that size encroachment if you eliminate some of the driveway and all space for cars to park. That certainly is not reasonable. This lot has a relatively high ridge running through the center of the lot with the ground braking sharply to the sides which make adjusting both driveway entrance and parking area impractical. We have reduced the size of the parking as much as possible and that has allowed us to move the house to a somewhat more favorable location and reduced its encroachment. Even though it means moving the garage to a less desirable location due to ground elevations we have repositioned the garage to be outside the Buffer Zone further reducing the encroachment. All together we have been able to reduce the requested encroachment from 1,200 down to 750 Sq. Ft. Mr. Smith and I have made ever effort to reduce the encroachment, have squeezed all we can and are at the point where any further reduction would make the lot impractical to build on. While I could make more recommendation for why both these lots should be approved I believe the efforts and reasoning as submitted should be sufficient and look forward to a speedy resolution granting these Variances from your office. Sincerely; n Jerry R. Ryan, PLS Cc: Tom Steffens, DWQ, Washington Regional Office OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality "General" Major Variance Request Form - 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): Stewart H. Smith 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Stewart H. Smith Title: Owner Street address: PO Box 1575 City, State, Zip: New Bern, NC 28563 Telephone: X252 ) 635-2377 Fax: ( 252) 638-3695 3. Contact person who can answer questions about the proposed project: Name: Jerry Ryan Telephone: L Z52 ) 633-6649 Fax: L Z52 ) 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 11, Section 3, Beards Creek Acres 5. Project Location: Street address: City, State, Zip: County: Latitude/longitude: 476 Beards Creek Drive Arapahoe, NC 28510 Pamlico 35000'48" -76051'57" 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): Take NC 306 past Arapahoe, right on NCSR 1117, right on NCSR 1134 (Beards Creek Drive) to end of Road 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest stream): Beards Creek and Caraway Gut 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 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.]: 750 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 -i 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. Value of the lot would obviously be reduced substantially if variance is not approved 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, Stewart H. Smith, 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: Title: / Jerry R75-n; Agent for Owners May 22, 2004 General Variance Application Form, page 3 1005 \ 41 45 ti gb? a? _ r / X 2.9 2.5 X17 1 i ) 3* ? rC'~ j ? t ?? ? I] r' r > px} i S - ?` `? • xyy l v IT ^ ` to J? r: l r"' -D Topo uads Copyright 1999 eLorme armouth, ME 04096 Source Data: US 950 ft Scale: 1 : 24,000 Detail: 13-0 MEMORANDUM TO: John Dorney Regional Contact: stephen lane Non-Discharge Branch WQ Supervisor: roper thorpe Date• SUBJECT:. WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name tY Stewart H. Smith County Pamlico Project" Number 04.. 0227 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 - - - Type Type Impact Score. index - Prim. SuPP• Basin keq• Re q• NBR Buffers _ O T' ON F- 27-111-4 SC SwNSW 30,410. 1 F_- F- O Y Q N 7". 1 27.111 SC SWNSW 30,410. • -F_OY ON r-F- F-_ F77- r- F- I-- C Mitigation Wetland - MitigationType Type -Acres Feet cS' .4A 47" ;Pg QG,?i oo? 111/00 Is Wetiand 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 0 N Recommendation: # Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Waro recommends issuance of "General" Maior Variance for 200 square feet of impacts to Zone 2 for the subject property, - SQL 4/1/04 O M bwccl X00 3 ? ??..? ?`0-1-? ? (Ro efs? cc: Regional Office Page Number 1 Central Office I (252) 514-2858 03/24/2004 05:20:55 PM P.1 OFFICE USE ONLY: Date Received Request # State of North Carolina - Department of Environment and.-Natural Resources Division of Water Quality - "General" Major Variance Request Forrn From the -Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential structures on existing lots within the coastal counties as defined by the CoastalAreal fanagementAct (As Approved by the Water Quality Committee of the Environment \1 1anagement Commission on 5!9!2001) ------------ ------------------------ - ----------------- - - ---------------- X9,0 %0 Please identify which Riparian Area Protection Rule applies. 7,G,Qo <io o Neuse River Basin: Nutrient. Sensitive Waters Management StrategyG ?p Protection and Maintenance of Riparian Areas Rule (15A-NCAC 02B ?sF .0233) ???+ o 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 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): Stewart H. Smith 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Stewart H. Smith Title: Owner Street address: PO Box 1575 City, State, Zip: New Bern, NC 28563 Telephone: 252 635-2377 Fax: ( 252) 638-3695 3. Contact person who can answer questions about the proposed project: Name: Jerry Ryan Telephone: 252 633-6649 Fax: (252) 514-2858 Email: asdmail(c?earthlink.net version 1 : May 2 U1 (252) 514-2858 03/24/2004 05:20:55 PM P-9 4. Project Name (Subdivision, facility, or establishment name - consistent with-project name on plans, specifications„letters, operation and maintenance agreements, etc.): Lot 11. Section 3, Beards Creek Acres 5. Project Location: Street address: , --476 Beards Creek Drive. City, State, Zip: Arapahoe, NC 28510 _:- County: Pamlico.. Latitude/longitude: 35000'48" -761151'57" 6. Directions to site from nearest major intersection (Also, attach an 8 Y2 x 11 copy of the USGS- topographicmap indicating the location of the site): Take NC 306 past Arapahoe right on NCSR 1117, right on NCSR 1134 (Beards Creek Drive) to end of Road - 7 :Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest stream): Beards Creek and Caraway Gut= Stream classificatio.n_[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 No CAMA Minor No 401 Certification/404 Permit - No 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.]: 1.200 Sa. Ft. encroachment into Zone _2 (includes dwelling, porch, & steps) and 400 Sq. Ft. encroachment into Zone 2 for garage 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 '1 4 (252) 514-2858 03/24/2004 05:20:55 PM P.10 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 properly 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(Mearthlink.net Part 5: Applicant's Certification I, Stewart H. Smith, 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. Date 01115/04 Signature: Title: Agent for Owners Ceneral Variance Application Font, page 3 It (252) 514-2858 03/24/2004 05:20:55 PM P.7 °05 I/ S irf3 LIAU tv ! ?17tY? S. It was reported to me that CAMA P has no jurisdiction for this part o life i?!'af7?+?7De //at an '?• - Beards Creek. however.! have no V . t. .parr •,? supporting document thus leave t _ AL othes to verify, 1111_ 1N ~ 'rry '", ? _ 11 LOCATID II 610 «- N f1 1 x10.8 `? ,x io.9 ' AL sa - `D LEGEND a? to a 136 ae U . IPF - IRON PIPE FOUND \ i'? PS - IRON PIPE SET `\ ` 1 MBS - MINIMUM BUILDING SETBACK .DUE - . DRAINAGE AND UTILITY EASEMENT / UE - UTILITY EASEMENT 4//` 1 N l 1 `?. x 12.5 - Spot Elevation (NOW '2S) M( 11rOPOAed \.'RS S - 7, u \'i6 t?? Buffer Rule Encroachment /$ r,. V i x House - 1,200 Sq Ft into Zone 2 2??? ?i / t \ p Includes Porches, decks, & steps J ~ rS %1 Porch t6a ` 1? A c^ a5 ?r Garage - 400 Sq Ft into Zone 2 i J4l ??Pt'Tks \ i /• x166 r LOT 11 ''I IPF 'i 1.3g0 Acres AL PG. A. a. 27-2 'IL A AL -? . _.AL / lQeO, \ ; Af/ N O 7.3 Neuae Buffer rn x T$s t 30' ' RZWee Ai + 2 JgL er t tai t LOT 10 o. 1 ia?' ryas' 1 PC A. S7-2 4, Y\ \ ' 1t 1a°s ` LOT 12 PhilNp c. r+;chofs ? \\ q? '9f04 CUndevtdaped:I f ?. ? f h LOT 4 t \ See Sheet 2 of 2 far Offsite Droinfleld Lot 11-A PhOp O. Nichols \, 1 W ! IPF 4G3 Beards Creak Dr.\ Arapahoe. NC 2851G 5 1556741' W ` J Q Gq.59' lPfr` `' lPs s a'o8'33' W I Y11 7 1, 5 87'08'34' W 12.00' 1 I THIS PLAT IS FOR PLANNING PURPOSES ONLY AND SHOULD NOT 3? AGG,°.55 Road I I I BE USED FOR SALES, DEED DESCRIPTION, OR RECORDING PURPOSES. Prtvate Paved R/W ! ?. -15' Utility Easement Tie, To Map Nall end 4f? of 5eard5 Cr Ors 0 81 5 05'2833' E 328.53• r i ? THE PROPERTY SHOWN DOES FALL KtTHIN THE FEDERAL, FLOOD n, I INSURANCE RATE MAP ONE RUMORED (100) YEAR FLOOD PLAIN, REFERENCE RESTRICTIVE COVENANTS FOP, RESTP)CTIONS AND EASEMENTS "HAT MAY APPLY. 1 ? Sheet 1 of 2 \ Proposed Plot Plan LOT 11 - 5£G77ON THREE CZARDS CRrEK ACRES ?• Arapahoe ^ FOR `5te Wert Smith No, 1146-a 1305 Golxttrryy Glut Road E = NEW BERN. MORTH CAROLINA C250 633-66441 'ti (252) 514-2858 03/24/2004 05:20:55 PM P.8 1065 THE PROPERTY SHOVNV DOES FALL WITWN THE FEDERAL, FLOOD - INSURANCE RATE MAP ONE HUNDRED (100) YEAR FLOOD PLAIN. 4 Af apa?lOC REFERENCE RESTRICTIVE COVENANTS FOR RESTRICTIONS AND . .. EASEMENTS THAT MAY APPLY. --.-- .4n 1117 _ 1141 U - - 41, @ 1117 / Q j/4l 30* w? 7? / i LOCATION r?? Il /6 LEGEND IPF IRON PIPE FOUND IPS ..IRON PIPE. SET MBS - MINIMUM BUILDING. DUE DRAINAGE AND UTIUTYBEASEMEN7 / - !!alto M17/V? f UE - UTILITY EASEMENT - / h ??5,,yqq /Q ry J??• Q f If N 27-2 V' 1, ?1J/ rf , /J f f vim. Q ' Repak' DrakIfleld Repalr DraBlfldd -4 yl ' l1 l' /w 3 Ibrea. • IOQ' f 4 ftws • 75' J /r' rr 1' /$ r 9' OC l q, Ix l? Lot 14 2/llrrr!/? ll 1/_. f l _ 9 r?; r lr /r? rr /a IINtMI Drahf/eld r5 3 Naas • IOO' f 111 1 fps i rr i 1 4' OC klltlal Dramfleld 4 Nees e 75' l trrrr' r r. j. tyy` I q' OG r i I oorrr7rt11 ? rI'?5???, ?. Lot 13 I At2 NAL dp -"ft 0, Section CMeP Book 12 Page 44.) Lot G-A - - ?0. ! 3aa ? 30' Auesa Rand _ 9 ` li - -- 3 Sheet 2 of 2 Proposed Plot Plan LOT 11-A - 5EC770N THREE BEARDS CREEK ACRE'S Arapahoe for: s Stewart 5mith THIS PLAT IS FOR PLANNING PURPOSES ONLY AND SHOULD NOT OB Nv 224`-7 1305 Comtry ?y Road BE USED FOR SALES, DEED DESCRIPTON, OR RECORDING PURPOSES. SCALE NEW BERN. NORTH CAROLINA c M2) G33-6649 Alantic Survey & Vesign, PA (252) 633-6649 . 302 South Front St. . PO Box 770, New Bern, NC 28563. Fax 514-2858 DATE: January 15, 2004 WE1410s14p1 GRC TO: NCDWQ 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 FROM: Jerry R. Ryan, PLS SUBJECT: General Major Variance Request FEB 16 2004 WATER QUALITySEGTIO 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. Thanks Email; asdmail@earthlink.net OFFICE USE ONLY: Date Received Request # State of North Carolina Department of Environment and Natural Resources Division of Water Quality "General" Major Variance Request Form - 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): Stewart H. Smith 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Stewart H. Smith Title: Owner Street address: PO Box 1575 City, State, Zip: New Bern, NC 28563 Telephone: ( 252 ) 635-2377 Fax: 252) 638-3695 3. Contact person who can answer questions about the proposed project: Name: Jerry Ryan Telephone: ( 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 11, Section 3, Beards Creek Acres 5. Project Location: Street address: 476 Beards Creek Drive City, State, Zip: Arapahoe, NC 28510 County: Pamlico Latitude/longitude: 35°00'48" -76°51'57" 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): Take NC 306 past Arapahoe, right on NCSR 1117, right on NCSR 1134 (Beards Creek Drive) to end of Road 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest stream): Beards Creek and Caraway Gut 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 No CAMA Minor No 401 Certification/404 Permit No 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.]: 1,200 Sq. Ft. encroachment into Zone 2 (includes dwelling, porch, & steps) and 400 Sq. Ft. encroachment into Zone 2 for garage 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(a-)-earthlink.net Part 5: Applicant's Certification I, Stewart H. Smith, 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. 1-1-117 /11/ Signature: Date l General Variance Application Form, page 3 ?i IMPROVEMENT PERMIT NORTH CAROLINA.DEPARTMENT OF ENVIRONMENT, HEALTH A NATURAL RESOURCES DIVISION OF ENVIRONMENTAL HEALTH, ON-SITE WASTEWATER SECTION COUNTY PARL1C0 PINS E091-87-3 RECORD P A0.01_ OWNER: PHONE: (9.19) 24 -0900 OWNERS ADDRESS: P_O. BOX 864 ORIENTAL. NC 20S71 'ADD'RESS/LOCATION OF PROPERTY: SEARn•S cvvvr a?n TA" ,, .. SUBDIVISION: -BE_ RD'S CREEP PHASE: . N/A LOT: TYPE OF'EST4MISHMENT RESID$NCK; (x)YES ( )NO NUMBER OF BEDROOMS_ 4 NUMBER OF OCCUPANTS: 8 XAX DBSIGN FLOW (GPD) 480 OTHER (DESCRIBE) -^-? BASEMENT PLUMBING: YES.( ) MO(s). TYPE OF WELL: W PUBLIC WELL ( )OTHER TYPE OF WASTEWATER SYSTEM:(SEE TABLE V) TYPE III`(a) -0•FFSTTR W/p M INSTALLATION. DESCRIPTION INITIAL REPAIR ? LO G- TERM ESICN F•OW (CPU) 480 480 SYT) 0-4 0.4 ABSORPTION AREA.(SFT) 1200 1200 t 3° 3•• DRENCH SPACING (HIM ) [t?T) 910C 510C TOTAL TRENCH LENGTH (FT) _ 400' r??..• » _TRENCH -BOTTOM FROM-NATURAL-GROUND LEV_EL 12" CONDITIONS :TURTLEBACL SYSTEM IN ORDER TO SHED 91URFACY WATER AND LIMIT PLEASE DIVERT D1tAINS GUT'CFVa HYDRAULIC AWAY FROM BRAIN TION OF itA?Ew MMSERRyATION DEVICES H MLy jtErnMrwnon SYS E FOR F1 KPING_ TEM TO B GRAD -D •TO 3HEn WATVR SPED RE . F_Eq_ cuE. pERKUD OR BSE E AL DYnTINENT SEIPBAL'rR t THIS PERMIT SHALL BE ACCOMPANIED BY A LAYOUT SHOWN ON 4 PLAT INCLUDING A SYSTEMS SPECIFICATION SHEET WHICH SHALL BE AN INTEGRAL PART OF THIS IMPROVEMENT PERMIT. '',THIS IMPROVEMENT PERMIT MUST BE ATTACHED TO A CONSTRUCTION ' i dLUTHORIZATIAN'BEFORE OBTAINING A BUILDING PERMIT OR OTHER A CONSTRUCTION PERMITS AND BEFORE A WASTEWATER SYSTEM IS INSTALLED. ` f • THIS,. IMPROVEMENff! T PERMIT IS SUBJECT TO REVOCATION IF THE SITE PLANS OR TRE'INTENDED USE. CHANGE.. FROM THOSE BROWN ON THE IMPROVEMENT PERMIT At 2 CHANCES FROM THE`&BOVE SHALL REQUIRE HEALTH DEPARTMENT APPROVAL. DEHNR AUTHORIZED AGENT: N0. OF ATTACHMENTS: DATE: 2-18-9? S.. PAMLICO COUNTY 203 NORTH STREET PO BOX 306 ?,,,?EAL BAYBORO, NO 28515 252-745-5111 DEPARTMENT 252-745-7684 FAX August 31, 2001 Dear Pamlico County Landowner, In 1997, the North Carolina Legislature appointed a commission to protect the water quality and the environment in Eastern North Carolina. Legislation has been passed that may affect the intended use of your property. In a consolidated effort of the Pamlico County Commissioners and the Pamlico County Board of Health, the Commission has established a special provision for you. As a Pamlico County landowner, there is a new window of opportunity to obtain a 'General Variance', as approved by the Water Quality Committee of the Environmental Management Commission on 51092001. This variance expires on April 11, 2008. This is your window of opportunity to apply for a variance to plan for future land use. Basically, you must provide written proof to the State that the land was platted and recorded prior to August 1, 2001. Secondly, the State will recognize a lifetime septic permit issued by the Pamlico County Health Department as a substantial outlay if dated prior to August 1,2001. Thirdly, the variance remains with the property just like the septic permit for the life of the land. Our records indicate that you have a valid lifetime permit for your property in our records. In order for you to ensure the intended use of the land, you need to complete the enclosed variance request. This process should be initiated as soon as you possibly can. Applications should be mailed to DWQ 401AMetlands Certification Unit, 1650 Mail Service, Center, Raleigh, NO 27699-1650. The Pamlico County Health Department's goal is to assist you as much as possible with our limited resources. Copies of your permit, plat, and other surveys (if in our records) are available at a cost of $5.00 and will be mailed directly to you to be included with your application. Send a written request to: Kristie Mitchell PO Box 306 Bayboro, NO 28515 Enclosures: General Variance Application DWQ Special Rules / Thank You, JIB assiter Pamlico County Health Director jVkm ? _ I N.>IL 47.D8'£ 13 L 6? A / 1101 L OGA Tl LEGEND IPF - IRON PIPE FOUND IPS - IRON PIPE SET MBS - MINIMUM BUILDING SETBACK DUE - DRAINAGE AND UTILITY EASEMENT UE - UTILITY EASEMENT 12.5 - Spot Elevation (NGVD '29) Buffer Rule Encroachment House - 750 Sq Ft into Zone 2 Includes Porches, decks, & steps 225 IPF 525 1 0 \\ 11 / Zone 1 I 1 x10.8 I / I / I x10.9 1 / i ?mt?lim NJ 'b Al / p/ HC 41 i Q 750 Total cdGO^ % / K -P / LOT 10 DB. 315. Pg 903 \ PC. A. 5L. 27-2 \ \/ LOT 9 \ \ Phillip O. Nichols 463 Beards Greek Dr. \ ??\ Arapahoe. NO 28510 \s \ 1\ \ I I IPF 5 8To8'34' W I I 18.00" I I I 30' Access Road j Private Paved R1W .I x G I IN la I I^c 1 It was reported to me that CAMA has no jurisdiction for this part of Beards Creek, however I have no supporting document thus leave to others to verify. III I AL 0 arage AL & vc 13.4 x x sProposed i xl ----- x 16.6 ®® / 2? LOT 11 5 Ptic + 1.390 Acres / Tans PC. A. 5L. 27-2 .? [M •i / . AL 13.7 ?x 17.3 l 20' l 50' Neuse. Bu X1 B.8 X I 30' We Area 'A? / If Zone 1 + 2 / / .i4LL X 1.4.1 V I 1 AIL l p i 3 1 ?` ,1?? Z01 AL In 3 • '? \ LOT 1 Phillip 0. Nic gq, 5 ?jfc (Undevelop See Sheet 2 of 2 for Offsite I IPF ? 1! A +s O 5 15' W 9 59' Q P SEAL d 0 N 1 N ffar ?Illc .AIL w? 2 hols ed-) Drainfield Lot 11-A 'i 40" 1116 & l? . m r L- 3302 L u s° 5 87.0834- w F? R. ,0 12.00' Tie= To Mag Nall end a 5`" I of Beards Or Dr dot 8 5 05'28'33' E 328.53' / / Be ? y 4s / .9 o i i 9 THE PROPERTY SHOWN DOES FALL WITHIN THE FEDERAL, FLOOD to v INSURANCE RATE MAP ONE HUNDRED (100) YEAR FLOOD PLAIN. REFERENCE RESTRICTIVE COVENANTS FOR RESTRICTIONS AND EASEMENTS THAT MAY APPLY. THIS PLAT IS FOR PLANNING PURPOSES ONLY AND SHOULD NOT BE USED FOR SALES, DEED DESCRIPTION, OR RECORDING PURPOSES. _ -15' Utility Easement -?-- / Sheet 1 of 2 Proposed Plot Plan N \ LOT 11 - 5EGT/ON THREE \ BEARDS GREEK ACRES Arapahoe FOR C?'eek Stewart Smith ve \ DATE. May 7. 200 Atlantic Survey + Design, FA JOB Noy 1146-a 1305 Country Club Road SCALE. = NEW BERN. NORTH CAROLINA C252.) 633-6649 O? \ATFR Michael F. Easley, Governor O QG William G. Ross Jr., Secretary 7 North Carolina Department of Environment and Natural Resources - r .? Alan W. Klimek, P. E. Director j Division of Water Quality `4AI11111111111p? Coleen H. Sullins, Deputy Director Division of Water Quality April 27, 2004 DWQ Project # 04-0227 Pamlico County CERTIFIED MAIL - RETURN RECEIPT REQUESTED Atlantic Survey & Design, PA Attn: Mr. Jerry R. Ryan (consultant) 302 South Front Street New Bern, NC 28563 Subject Property: Lot 11, Section 3, Beards Creek Acres, Beards Creek Drive (SR 1134), Arapahoe, NC Beards Creek [03-04-10, 27-111, SC Sw NSW (nutrient sensitive)] REQUEST FOR ADDITIONAL INFORMATION Dear Mr. Ryan: On February 16, 2004, the Division of Water Quality (DWQ) Wetlands/401 Unit received your variance request dated January 15, 2004. On April 5, 2004, the DWQ received additional inforrration regarding your variance request. The DWQ has determined that your project is eligible for the use of the "General" Major Variance From the Neuse and Tar-Pamlico Riparian Buffer Rules for residential structures on existing lots within the coastal counties as defined by the Coastal Area Management Act, Approved 51912001. However, the DWQ needs additional information in order to complete the approval process of your variance. Therefore, unless additional information is provided as described below, we will have to move toward denial of your request per 15A NCAC 2B.0233(9) and will place this project on hold as incomplete until we receive this additional information. Specifically: Additional Information: • It appears that the house could be rotated, repositioned or otherwise modified to minimize impacts to the protected riparian buffers from your proposed 1,200 square feet to approximately 200 square feet. Please modify your plans to minimize the buffer impacts or provide additional justification as to why the impacts cannot be modified. Please respond in writing within three weeks of the date of this letter by sending a copy of this information to me and to Mr. Tom Steffens of the DWQ Washington Regional Office. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. Please call Mr. Bob Zarzecki of this office at (919) 733-9726 if you have any questions. UL.ESL' AU4 n Dorney, rlands / 401 Unit, WQ cc: Stewart H. Smith, PO Box 1575, New Bern, NC 28 Tom Steffens, DWQ Washington Regional Office Stephen Lane, DCM Morehead City District Office, File copy Central Files 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC 28557 bz 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/ ,. IMPROVEMENT PERMIT NORTH CAROLINA. DEPARTMENT OF ENVIRONMENT, HEALTH B NATURAL RESOURCES DIVISION OF ENVIRONMENTAL HEALTH, ON-SITE WASTEWATER SECTION COUNTY: PACILICO PINS .EO91-87-3 RECORD 8A001S4 OWNER: -11I SSY -BASKERV T r r p PHONE t -(9,19). 249- 09QO OWNER'S ADDRESS: P:.O, BOX 864 ORIENTAL. NC 28571 ADDRESS/LOCATION OF PROPERTY:_ 'BEARD'S CREEK a/n LOT 1,1 U IA SEAFARE Rp OAD ARAPAHOE SUBDIVISIONS BEARD'S CREEK PHASE-_ -.NIR LOT: 11 & 11A ' TYPE OF'ESTABLISHMENT RESIDENCE; W YES ( )NO NUMBER OF BEDROOMS_ 4 NUMBER OF OCCUPANTS:- 8 MAx nESiGN FLOW (GPD)_ 480 OTHER (DESCRIBE') BASEMENT PLUMB'INGs YES.( ) NO 6), TYPE OF WELL: (z)PUBLIC, (.)WELL ( )OTHER TYPE OF, WASTEWATER SYSTENs(SEE TABLE V) TYPE IIIta) -OFFaTTE W/p M J INSTALLATION, DESCRIPTION INITIAL REPAIR _DESICN F•OW (G.FII) 480480 .pn ap*1 0 -0.4 ABSORPTION AR -A (SFT) ' . t, CONDITIONScTURTLEBACL SYSTEM iN ORDER TO SHED S.UiFAnp WATER ANn LTMTT SYSTEM TO BF_.-GRADED •TO SKED- WAT n' SR -.-?- ,T ,_ o.; pD AREA r!SCUX BERMUDA OR RYE FOR TINA • r ANDSCAPING OBSERVE ALL PERTINENT 3 ET-BACts, - -'^' THIS PERMIT SHALL BE ACCOMPANIED BY A LAYOUT SHOWN ON'A PLAT ,.' INCLUDING A SYSTEMS SPECIFICATION SHEET WHICH SHALL BE AN INTEGRAL (-PART OF THIS IMPROVEMENT PERMIT. T 'THIS IMPROVEMENT; PERMIT MUST BE ATTACHED TO A CONSTRUCTION ' 1 AUTHORIZATION:BEFORE OBTAINING A BUILDING PERMIT OR OTHER k j r ;CONSTRUCTION PERMITS AND BEFORE A WASTEWATER SYSTEM IS INSTALLED. ` ? ••? _, 1. THIS IMPROVElIEN ? R T PERMIT,IS SUBJECT TO REVOCATION IF THE SITE PLANS OR THE INTENDED. USE. CHANGE-FROK THOSE SHOWN ON THE IMPROVEMENT PERMIT ' <x CHANGES FROG! THE 'ABOVE SHALL REQUIRE HEALTH DEPARTMENT APPROVAL, DEHNR AUTHORIZED AGENT: NO. OF ATTACHMENTSc. ,? - DATES 2=18-9 ,4 ,7%, EXHIBIT A f ' PA!! I COUNTY HEALTH JBD Y TER LOCATION A /ATE 2-18-97. kAP * E09,1-17-3 RECORD SCALE _t"=50' s' s - - - - - - - - - - - - - - - - - - - - ---------------- - ------------- - - - - - ---------- ! ! y ' ! r !x. ! ! :r5' ?i . A? .1 +41"` rr' ?Nw w+{ .1W mot- , ?'. .44 • E f '?? i f ?•A7?ery !, ~ T a 4 ra9'+1 S ? 4? ^+ a - ? • ? , ?i? ?, a . t "fir :? ??( ??f t? ?}b ? .y f --- - - - - - - - - - --- - - - - - - - - - - - -- - - - - - - - - - - - - - - - - --- - - - - - - - - -/;l! cwt /t,.iy.T A-Fi~'f~o 'ir.'~ ,wv,>`5 ~ rJ/E yg ~ Jul r6 ~ ~ ~`~-cz 7A~~-'-" is i1. f ~ ~ ~ y ~ L y ~ ~ (yam./6~ ~ i~ ~ iY ~ i 1/~ ~ ~ ~ ~J j ~ ~ d ~ ~ ~ qi/ ~ i I I ~ i Y/ ~ ~ ' ~i ~YEYl~ ' L~ ~ ~ f ~ ~ i ` i ~ ~ t" t ~ , - I I ~ , ~ iii ~I i. ~ ~ ~ ! ;h ~ ~ c.P~v G v% o % / ~ ~ rY Q a ~ ° r ~ ~ >.S'E ~ ~ ~ n~xQ a ti~ ~ u ~ ~ i ~ I /NG / ~C N , a ~ a ~ 4a ~ ~ ~ ~ a ~ - ~ ~ ~ My / 4f / ~tyA, .13 , , ~ ~ off, - I ~ r /h~' /k ~ > 1- i ~ i r y72 - 4'G~~Z. f 3 f 1/ /'Y L ,~ts,~ / p ~ ~ 3.~ C/ a. ~ /h ' q ~ 3•' Ol / / i~ . ~ ' fii ~ / r^E : NE i~Y , ~ D o i T ~ a,.. ky, (a. I ky ~ ~ a G : r :N 3i I ~ y ~ ' ~ ~ 4Y ~ ~ ,~1ti, ' ~ P`r Fb ' h 5b C ~~y h ~5~, I 1 ~ / Y 5 I II 3 ~ I~~ I (L ' i 1` Z I ~ ~ ~ ~1;., s _ /Fy fro I I i 1 Q I I ~ I ~ ~ ° ~ ~ ~,y ^ ~ t~ / ,1 i~ ~ ~ ~ _ _ p. I C \ ~ I ~ ~ rf „ t - ~ ,r ~ ~ I o° \ \ ja ~J_o - ,~;7 ~ ~ ~ ~ I ~ w n - - . _ I ~ 11 ~ \ - ~Tm ~ ~ 1 ~ ~ 1 ! ~ I \ \ :T~ ~ _ , ~ ~ I / / I ~ ! ~ ~ t I I I / / / ~ ~ / I ~ ! ~ I ! 1 , /1 ~ / / 15 I ~ 5 \I ~ i i I ~ ~ ri~~ _ nA:. ~ - E~OK NORTH CAROLINA - PAMLICO COUNTY - THIS DEED made and entered into this 16th da of ? Y ' November, 1987, by and between HUBERT E. ALLEN and wife, ANNE B. ALLEN, hereinafter called "grantors", and STEWART H. SMITH, 4519 West Fairway Drive? New Bern, North Carolina 28560, hereinafter called "grantee"; , WITNESSETH: . ~ ~ x k ~ r That grantors, for and in consideration of the sum of ten dollars and other good and valuable considerations to them in hand paid, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and conve to the said Stewart H. Smith, and his heirs and assigns, Y all of grantors' undivided interest in and to certain lots or arcels of land in Number Five (51 Township, Pamlico County, p North Carolina, particularly described as follows: Lots Numbered Eleven (11) and 11-A, as shown on the map entitled SECTION THREE, BEARDS CREEK ACRES, dated January, 1987 as prepared . by Edward B. Latham, RLS, which is recorded 'de 27-2 Pamlico Count 1n Plat Cabinet A, Sli Y ~.g,,,.-„ Registry. ?I'i itil~}'. This conveyance is made subject to the Covenants and Restrictions contained in the instrument dated June 25, 1986 and recorded - in Book 239 at page 58, Pamlico County ' Re istr The easements appurtenant to the 9 Y above-described lots as described in said instrument are conveyed herewith. The map referred to in Section 12 of the Covenants and Restrictions is recorded in Map Cabinet _ A, Slide 27-2, Pamlico County Registry. TO HAVE AND TO HOLD all of grantors undivided interest in and to the aforesaid lots or parcels of;'land, together with all privileges and appurtenances thereunto belonging, to the said Stewart H. Smith, and his heirs and assigns, in fee simple forever. And rantors, for themselves, their executors and g t rs covenant with rantee and his heirs and assigns, administra o g ` ~ that they are seized of said undivided interest in fee; that they have a perfect right to convey the same in tee simple; LnaL ame are free and clear of all encumbrances whatsoever; and the s that they will warrant and defend the title to the same against claims of all ersons whomsoever. ~ the lawful P Prepared by: NOLLOWELL&HOLLO WELL AT1pRNE VS AT LAIV DAV f10RO.N C. 1!1515 ~M~i~l _0 ~ r._~ ~ i ~"I l f ~ ~p ~ a" ~ ~ ~ ~ ~I ~ i ~ ~ 1 ~ r ~ ~fi. _ / u ~ ~ ~ ~ ~ ~ ~ r- ~ ::1 i ~~,i , ` ~ u M E-----~-_ l~ ~ ~ ~ 1. ~ - t~ 2s ~ A ~-A ~.5 tih e 1. . ~ Y~, ~ ~ ~ E ~ ~ , ~ _,ry x1~ , ~r~i+~(r__ x :v ~ ~rll, 29 ~ _ ~ ~ r8 i' J V`~ ~ ~ 111011 ~ ~f t i~l y5 i ~ ~"i"/ ~ i ~ , it r~ ~ ~ ~~I"'~4~ r' r 'tib Ifs ;'iij: i r t . `~i - I , 1 r / f ~ ~ ~ 1~ ~ ~ I / i~ ' ~ ~ ? ~ ~ x29 ~ ~'ti ,7. A~ I % 0 Aj ~ A' _J~~~ .1/' / rl S I ~a. V ~ ~ l ~ ' ~ e , - ~'ii , ~~,'r 1 1~ J , ~ x~~ _ ' L 1 i ~ 1 ~ ~ ~ 1' ~ ~ ~ ~ r e~ \ V ~ ~ I ( -.,~..1 ~ . I.L. S - -._J ~ i V « ~ \ ~ r. , 1 i ~~I ~ ~ ~ "~'~I - ~ + ,0 ~ sal - ` .~1 s~ ~ ~ ~ ~ ' f ~ ~ ~ ~ Q;,:~ ~'ti'•.~~. Hsu'. ~ ~ , ~ y a~ ~ ~ ~ l „ r ~ , j ~C„~ ~ i 1, , ro 5~ . ~ l_ , , w, ~ ~ ~ ~ ~ it i } ~I'~ ( ~'1~~~ 'I '1 JC~ ~1: ~ l alit ?5 l~" 1, ~ ~ f I Iil 1 0 ~ i i / ~ `I/ i~ ~ -10 x( ~1 _ . ,'r i Ei. ~ i f a°" r ~ 1 . i ~ / ~ , .G ~ ~ , , . , l ~ , ;yam-- 7 l;~ ~°~;~1 r_.l,,~r- vii~~~~ ~r ~~i Y \ ~ nn .;J" L , ~ ~ J % ~ y~- -D Topo uads Copyright 1 9 e orme armouth, M 4 ource ata: 950 ft Scale: 1 : 24,000 Detail: 13-0 Datum: w'GS N 9'16'01' E s s . 1 ~ a7.oa zA . 0 J~ ~Ic ~ 6 l3 _ - _ 9 3• It was reported to me that CAMA ~ ~ ' ~ ~ t` has no jurisdiction for this port o ~,a Arapahoe ~ ~ °~d ~ • ~ - L ' @o~ ~ Beards Creek, however I hove no V head supporting document thus leave t ~fj~ others to verify. U ~ 1 U 1117 uI i ~ m~ c ~ LN ~ ~ ~ p 1 4 1111~~ ~ 1 I N a CG 'V ~ I iy~ ~ W r `g' ~ 1 L one 1 1 I ~ ~ Q N N , Z 'P/ ~az i x 10.8 i ~ ~ ~ ~c - L OGA TIO 1 Ix 10.9 I ~ >~Z p ~ ~ Dec I o,~ ~ Q LEGEND . r ° ~ 6 33 ~ ~ n a ,o d ~ ~ IPF - IRON PIPE FOUND r 1 v \ S ~ ~ IPS - IRON PIPE SET i Porc ~ ~ d~ MBS - MINIMUM BUILDING SETBACK `v f DUE - DRAINAGE AND UTILITY EASEMENT ( x ` vc 13,q \ °n 11 1 ~ N~ Ct UE - UTILITY EASEMENT W v ^S x 12.5 - Spot Elevation (NGVD '29) ~yl ~ u I N r0 05Gd S 'o ~ F I ~ P ~ ~0 ~~h i o I ~ Dwe~~,g g ' ~ Buffer Rule Encroachment ~ ,u q+ ~ x ~ X10 r l ~ ~ House - 1,200 Sq Ft into Zone 2 2~ u,~ r Porch ~ ` \ Includes Porches, decks, & steps ' m~~, o~ ~ 18.1 ~ F u 3 ro ~ r~4 ~ Seept~ + s Garage - 400 Sq Ft into Zone 2 ~ q~ ~ ~~P P ~ \ ~a r x,ss / Lor 11 ~ IPF ~ • ~ , .:i r~ ~ ~ 1.390 Acres ) ~ ~ ~ a., ~ / ~y x 13.7 r ~ p ~ ,PGP6a~ ~l r ~r 9 0 0. N ~ P 9 6 \ xi I I ~ ~ 'eTPC,~~ 17.3 r~V p,~ K° e^ \ r 2O.r ~ 50' Neese Buffer V / 2 ; x tfi.e r x Rule Ar ~Ir, _ r ~ r ea ~ \ A ~ Z ~ r onel+2 / / , ~r / ~ ~ ~ ~I . , ~ IPF : ~ i ~Lc _ / x Tq.1 r j IyJc / / I ~ r ~ I t ~ ; / I , ~ Ali / ~ ; ~ ~'1 1 A`U AD ~ m ; Q ; ~ , 11 ` 1b~' 20~' ~ ~ / Lor 10 .F . a. ~ , 1 DB. 315, Pg 903 ~ ~ N : ~ ~ ~ / PG. A. SL. 27-2 ~ ° ~ ~ ~ \ o , 1 ~ ~ ~ ~ 1 11 ~ A 11 11P5 ` \ \ ~ 1 A LOT 12 ~ , h Phillip 0. Nichols ~ \ s A~ f~~ CUndevela ed) ~ ya. g P ~ \ ~ y ~ I ~ LOT 9 \ See Sheet 2 of 2 for Offsite Drainfield Lot 11-A ~ ~ w IPF Phillip 0. Nichols ~ p , 463 Beards Greek Dr. 3\ ~ ~ ~ Arapahoe. NG 28510 ~ ~s ' N \ \ Iti v ~ ap ~ ~ 5 15'56'29' W ~ ~ 69.59' ` ~ a: r z~ ~ IPF IPS ; ~ • •3a' w ~ ~ 5 8708'34' W 5 8708 18.00' ~ 12.00' THIS PLAT IS FOR PLANNING PURPOSES ONLY AND SHOULD NOT 30' BE USED FOR SALES, DEED DESCRIPTION, OR RECORDING PURPOSES. ' cress Road 30 A Private Paved R/W ~ U ' I -15' U ii ~ I G~1e ~ t l ty Eazement Ties To Mag Nail end m p 9 of ~ Sheet 1 of 2 of beards Gr Dr ~ _ S 05'28'33' E 328.53' ~n ~ ` ~ Proposed Plot Plan ~fl° ~ \ L 0 T 11 - SEG TION TI1 EE / r+ag ~ R p \ BEARDS GRE'FK AGRFS / U`o ~ \ Arapahoe y arils ~ f ire ~ ~ oR o ~ ~ e~ b ~ ~ Stewart Smith W J ryVe ~ I TOWNSHIP No. 5 PAMLIGO GOUNTY NORTH GAI:OLINA 0 DATES A rll 4. 200 THE PROPERTY SHOWN DOES FALL WITHIN THE FEDERAL, FLOOD ~ Atlantic Survey + Dasign, PA Q INSURANCE RATE MAP ONE HUNDRED (100) YEAR FLOOD PLAIN. w .1oB Noy ll46-a 1305 Country Glub Road REFERENCE RESTRICTIVE COVENANTS FOR RESTRICTIONS AND NEW BERN, NORTFf CAROLINA C EASEMENTS THAT MAY APPLY, p SCALE _ (252) 633-6649 - \ \ \ w~ a ~ V~~'a.~ a_ ~l\ ~ fns \ q,Q~~~ y ~ A ~ \ ~a ~ ~ ~ ~ t ~ ~ ~ ~ ~~~3Mre~ ~ z~~ ~ ~ ~ ~ ~ C 0 Y~ ~ , t ~ ~I U , ti~'~~~ .w° ° ~ a.~ R ,adL 1 ~ r '~C 5 ~ 1 ~ ,4~(,le , 1 - ~ ~ o 't - w ~ ' F ~ ~ n v ~ ~ N ,1 ~ ~ ~ 5 s. ~ ~ zc.~~a~ ~ ~ a ~i ~ \ ,i ~ C ~ ~ ~ ~ ~ W D I ~ i~ ~ 4 `'~i. ~ ~ Cis ~ ~ . ~ !!1 ~ t ~ , n ?h . ~ r~~ ~ ~ a ~ H ' ~ ~ . ~Iq' i ~ ~ ~ 4 ~ i~ I ~ ~ , 1 ~ ~ _ _ v , ~ / -x r c a~ ~ oA s ~ _ ~ _ a~ ~ ~ ~ _ _ _ • ~a c. z~ y~ ~g, _ ~..~c ~1 ~ -may-, i r _ ~ ~ Y - Z i i i ~ G r - dal o. ¢z~ ~ ~ ~ ~ r , h ~ ~ / / \ ~ l ~ a.~ t ~ ~ b ~ N ' ~ SB/' \ ~ 1 ' ~ ~ , ~ ~ ~ y~ .I' ~ mI ~ ~ I i ~ ~ ,ems, ~ ~ ~ ~ 0 o S N ~ ' ~ i y o _ ~ y~ _ 1~~.