20040510 Ver 1_COMPLETE FILE_20040216

Mlcnael 1", t:asley, uovernor

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

DWQ Project # 04-0510
Pamlico County
Page 1 of 2

Stewart H. Smith
PO Box 1575
New Bern, NC 28563

Subject Property:

Lot 10, 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
425 square feet (fe) 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 Rulesfor 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) ofthe 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 a'new request for
approval. If the property is sold, the new owner must be given a copy of this approval and
is thereby responsible for complying with all conditions. This approval requires you to
follow the conditions listed below.

The Additional Conditions of the Certification are:

1. Certificate of Completion - Upon completion of all work approved within the 401 Water
Quality Certification or applicable Buffer Rules, and any subsequent modifications, the

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)
[phone] (phone), 919.733.6893 (fax), Chtto://h20,enr.state.nc,us/ncwetlands)
Customer Service #: 1-8n -623-67 48

.

Stewart H, Smith
Page 2 of2
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
[phone] or Tom Steffens at [phone] if you have any questions or require copies of
our rules or procedural materials.

Sincerely,

A WKlJRDlbz

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: 040510
June 21, 2004

rtt/antic Survey & t)esian, PA

[phone] . 1305 Country Club Dr. . PO Box 770, New Bern, NC 28563

FilE COll\

. Fax [phone]

May] 1,2004

John Dorney
NCDWQ , 401 Wetlands Certification Unit
] 650 Mail Service Center
Raleigh, NC 27699-1650

4D1 ~SSlJEO

WEt
L.ANDS /401 GROUP
M/\ Y t ".", I-
. .f, .IIU4
WA TER QUALITY S
ECTlON

RE: DWQ project # 04-05] 0 & # 04-0227 -- Resubmittal

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.

Proiect # 04-0510: On Lot] 0 our client, Judith Henning, who is buying the lot from Stewalt 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.

Proiect # 04-0227: Lot] I 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 effOlt 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] 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;

~~

Jerry R, Ryan, PLS

Cc: Tom Steffens, DWQ, Washington Regional Office

I OFFICE USE ONLY: Date Received__________________

Request # _____________________ I

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality

"General" Major Variance Request Form - 04 - 05/0

From the Neuse and Tar-Pamlico Riparian Buffer Protection Rulesfor 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.

uI Neuse River Basin: Nutrient Sensitive Waters Management Strategy
/' Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)

D 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: {_~.Ql_J 635-2377
Fax: [phone]

3. Contact person who can answer questions about the proposed project:
Name: Jerry Rvan
Telephone: (252L633-6649
Fax: {252} 514-2858
Email: [e-mail]

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 10, Section 3. Beards Creek Acres

5. Project Location:
Street address: 475 Beards Creek Drive
City, State, Zip: Arapahoe, NC 28510
County: Pamlico
Latitude/longitude: 35000'45" -76051 '58"

6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS
topographic map indicating the location of the site):

Take NC 306 past Arapahoe, riaht on NCSR 1117, riaht 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
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:
mNo.......
mYes.
NOmm
No ....m

....No.........
No
.No._.
NOm

Date received:

Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)

Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)

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 fe.]:

425 Sa, Ft. encroachment into Zone 2 (includes dwellina. 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 durinq land disturbance and re-veqetation of qrasses 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.

Smith is selling to Judith Henning who has stated she will not purchase if Variance is
not approved. Proportion of value affected - substantial!!!

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 Rvan, Atlantic Survey & DesiQn, PA
Mailing address: PO Box 770
City, State, Zip: New Bern
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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

:~::~::~: ~ ~~~_ .. ......._ Date May 22,2004

. ~gent for Owners

General Variance Application Form, page 3

'j: .

I .

\

THE PROPERTY SHOWN DOES FALL WITHIN THE FEDERAL, FLOOD
INSURANCE RATE MAP ONE HUNDRED (100) YEAR FLOOD PLAIN,

REFERENCE RESTRICTIVE COVENANTS FOR RESTRICTIONS AND
EASEMENTS THAT MAY APPLY,

LeGeND

I

IPF -
IPS -
MBS -
DUE
UE -
x 9.1

/

L OCA TION

IRON PIPE FOUND
IRON PIPE SET
MINIMUM BUILDING SETBACK
DRAINAGE AND UTILITY EASEMENT
UTILITY EASEMENT
SPOT ELEVATION

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LOT q
Phillip O. Nichols
4<0.3 Bettrds Creek Dr,
Arttptthoe, NC 28510

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for DrlvewtJy

LOT 12
Phillip O. Nichols
CUnde ve/oped)

5 8T08'34" W
18.00'

;t:\ Tie I To Mttg Nttil end
of Bettrds Cr Dr
I S 05'28'.3.3' [ .328.5.3'

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Proposed Plot PltJn
LOT 10 - SECTION THREE
BEARDS CREEK ACRES
........ BetJrds Creel< .J2r~ - ArtJptJhoe
- -------
- - - - FOR ........
Judith M, Henning

.30' Access
PrNtJte Paved RI1N

CAMA

It was reported to me that CAMA
has no ;..risdiction for this port of
Beards Creek, however I hove no
supporting document thus leave to
others to verify,

See Sheet 2 for offslte DrtIi1fleJd Lot 10-A

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TOWNSHIP No. 5

JOB NOI 305<0

THIS PLAT IS FOR PLANNING PURPOSES ONLY AND SHOULD NOT BE
USED FOR SALES, DEED DESCRIPTION, OR RECORDING PURPOSES,

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PAMLlCO COUNTY NORTH CAROLINA
Atlantic SCM'"vey + Deaign. ,.A
130!5 Coootr:Y CilD ROtJd
Nt:W B~, NC5RTHCAROLJIIA @
(252J ~.3.3-~~'1

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Michael F. Easley, Governor

i}'J1 ~SSl1ED

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

April 27, 2004

DWQ Project # 04-0510
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 10, 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 information 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 5/9/2001. 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 1,350 square feet to approximately 400 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 [phone] if you have any questions,

Sincerely,

cc: Stewart H. Smith, PO Box 1575, New Bern, NC
Tom Steffens, DWQ Washington Regional Office
Stephen Lane, DCM Morehead City District Office, 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC 28557
File copy
Central Files

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/

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact: stephen lane
WQ Supervisor: roaer thorpe
Date:

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Stewart H. Smith
Project Number 04 0510
Recvd From APP
Received Date 2/16/04

County Pamlico
County2
Region Washington

Recvd By Region

Project Type lot fill single family residence

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Prim. Supp.

Acres
Basin Req.

Feet
Req.

Stream Impacts (ft.)

..

I NBR I Buffers I@Y ON I I 27-111-4 rscl SwNSW 130,410. I I I I
. -
I I IOY @N I I 27-111 rscl SwNSW 130,410. I I I I
. -
I I IOY ON I I r-I I I I I I

Mitiaation
Mitigation Type

Wetland
Type Acres

Feet

Is Wetland Rating Sheet Attached? 0 YON

Did you request more info?

~NDS/ 40
1 GROUp
4PR 0 !; .
~7ti ~ 2004
RQU4L./~
I T SfC]"A
OY ON 'ON
OY ON

r

Have Project Changes/Conditions Been Discussed With Applicant?

Is Mitigation required? 0 Y (i) N

Recommendation: <i> Issue 0 Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss)

Longitude (ddmmss)

Comments:

Waro recommends issuance of "General" Major Variance for 420 square feet of impacts to Zone 2
for the subject property. - SOL 4/2/04

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cc:

Regional Office
Central Office

Page Number 1

"

[phone]

03/24/2004 05:20:55 PM P.2

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 Nellse and Tar-Pamlico Ripanan 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,

o Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
,0233)

o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 028 .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 27699-1660, 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 ins'ufficient.)

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: ~ 635-2377
Fax: ( 252) 638-3695

3. Contact person who can answer questions about the proposed project:
Name: Jerry Rvan
Telephone: ~ 633-6649
Fax: ill.f.) 514-2858

Veis,on 1 May 2001

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[phone]

03/24/2004 05:20:55 PM P.2

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 Riparzan Buffer Protection Rules for residential structures
on existing lots within the coastal counties as defined by the Coastal Area lvf anagement 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,

a Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.0233)

o Tar-Pamlico River Basin: Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Riparian Areas Rule (15A
NCAC 028 .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 401IWetlands Certification Unit, 1650 Mail
Service Center, Raleigh, NC 27699-1660, 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:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:

Stewart H. Smith
Owner
PO Box 1575
New Bern, NC 28563
~ 635-2377
( 252) 638-3695

3. Contact person who can answer questions about the proposed project:
Name: Jerry Rvan
Telephone: UQV 633-6649
Fax: ~ 514-2858

Veis,on 1 May 2001

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03/24/2004 05:20:55 PM P.3 ~

Email:

asdmailtC1J.earthlink,net

4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot 10, Section 3. Beards Creek Acres

5. Project Location:
Street address: 475 Beards Creek Drive
City, State, Zip: Arapahoe, NC 28510
County: Pamllco
Latitude/longitude: 35000'45" -76051'58"

6, Directions to site from nearest major intersection (Also, attach an 8 Y:z x 11 copy of the USGS
topographic map indicating the location of the site):

Take NC 306 past Araoahoe, richt on NCSR 1117, richt 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
Stream classification [as identified within the Schedule of Classifications 15A NCAC 28 .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:
JiL
~
~
JiL
~
~
~
~

Date received:

Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify)

Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)

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,J:

1.350 SCI, Ft. encroachment into Zone 2 (includes dwellinq, 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

03/24/2004 05:20:55 PM P.4

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 durina land disturbance and re-veQetation of Qrasses and new landscape
plants as soon as possible

4. Please provide an explahation 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 stormwa1er best
management practices required by this variance shall be located in recorded stormwater
easements, that the easements will run v'lith 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 Rvan, Atlantic Survey & Desiqn, PA
Mailing address: PO Box 770
City, State, Zip: New Bern
Telephone: [phone]
Fax: [phone]
Email: asdmail(8J.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, (J ...~r J2~

Signature: ~ Date 01/15/04
Title: Agent for Owners

Ceneral Variance Application Form, page 3

,..-

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514-2858

03/24/2004 05:20:55 PM
I

P.5

(

.in4

THE PROPERTY SHOWN DOES F.'J.I. I'ATHlN THE FEOEP"L. FLOOD
INSURANCE R"TE ~AP ONE HUNDRED (100) 'ttAA FLOOD PLAIN.

REFERENCE RESl1lICTI\IE CO\IEN..NTS FOR RESTRICTlOIlS ..NO
EASalENTS THAT MAY "PPLY.

LeGeND

':\
\ .
'. ...

\~
\

I

IPF - IRON PIPE FOVND
IPS - IRON PlPf SET
~SS - MINI~M BUILDlNC SET8..CK
DUE - DRAINAGE AND UllL1TY EASEMENT
VE - UllUTY EAst~ENT
. 9.1 - sPOT ELEVA TlON

"

LOCA TfON

L/}.I"

LOT 11

it
~t)
(j
0."
~
t)tJ

.~.'"

,/

/

...

,/

./

IF'F on line at 170

/

./
./
/'

LOT 12
Phillip O. Nichol,
Wnd~h'eloped)

LOT q
Phi/Up O. Nichol,
4143':; l3e1lrd, Creel: Dr.
Ar1lP1lhoe. NC 28510

.30'

I
,/PI'
5 e7'Oe'~' W I ...~'I I 1..- Tie' To Mllg I/llll end
t6.00 ---r /f of 13,,"rds (,r Dr
I III S 05'28'.33' [ .328.5:;
111 d ~130'
Acc.ess "at' -' I ./'
PrIvate Ptr/ad Y1,/W ' r. I /j.. .......
I;' I /",,~..,( --
fii Ail '')J, I l- ~-.
~/" ':!>/ ~ \...... "
,/.... ~....., ..-.~ - - - -.. . .
,,/ /1/ I .' ..... ',.,.
/" 1/'. M"fJ Nel/ " '. '
"

...

CAMA

II we. reported to me thot CAMA
hns no juM.dletlon 'or this porI 01
Beards Creek. however I ho"" no
tupporllng document thUS lea"" te
others to verify.

BetJrd5 Creek OrlVe

..... \ \"
'. '- <s." "

", ~.ejl( \~"
\. ':1- ..
..... ..<' '.
",.;.s~ \

\ '~".'"
. .~ '
" V;J
\ /

See Shut 2 for "frslt.e Drtltlfldd Lot to-A

,/
,I

\
~

Sheet 1 of 2

I.!l
"l
I
'"
o
10,.

'-
.....
......

Propo.ed Plot PlllII
LOT 10 - SfC770N THRef
lJEAfieDS C~fEK ACfieES
fJeard. CrseA Drwe - Are,,"hoe
- - - - ,.,..- ;0; -.. ..... .....
Judith M, Henm~g

\.,

"

'\

~

~

TOWN&HV" No. 5

PAHl.ICO COUNrt NClleTH A /1\
A~~ Sc.t-vey + DeM:in. ,.14

1305 ColtItry ClIt:> Road
~ BERN, HOIeTl1 CAROI.t<A @
C2~2) lOO33-t<;~'1

13

~

THIS PLAT IS FOR PLANNING PURPO&S ONLY AND SHOULD Ne,' BE
USED FOR SALES, OEEO DESCRIPTION. O~ RECOl'OtNC PURPOSES.

o SCALEI

.,

)
~

I
I

,

~

(252)

514-2858

03/24/2004 05:20:55 PM

P.6

Tn.

THE PROP.Rn SHOWN DOCS fALL WllHlN THE rEDERAL. FLOOD
INSURANCE RATE MAP ONE HUNORED <'00) 'fEAR FLOOD PLAIN.

RETEREHCE RES1RICTlVE COVENANTS fOIl RESTRICTIONS AND
EASEMENTS 1HA T t.l...( APPLY,

;' "" - ..,... - - S-mAoO,11:lQo
..... , I", __ '"
;' I I, I.O'02'~. --
......... I 8..1 I ........
/" / 1/j.~~1 I /
LOCATION ......--..... / /5&SlJ I /
Lf.'CtND ..... ..... I I III I it I 1
..... l.go 'b 1
IPf - IRON PIP. fOU~ID --- ...... / I I" . l'tt I
IPS - IRON PIPE SET..... I." SJ,,, ,
MBS - MINllIUlI BUILDING SE18ACI< ..... ..... / 1I I 'JI 1.11 (; /
DUE - DRAINAGE AND UllUTY EASEMENT SI (;), ~ :a... I
UE - unur( EASEMENT . ~ /., ~. "" 7' III ""
/ \ I:lJt '/~ t; ,. rJ. / ~
( I / 9 ~ - ," '!' I vt I ... 1 CIJ
\ ~ :1"',..... QI .....
/ f.e A. c.. 1 1"'''''Ii tl '? I 'J tl
I I ' ...... 27-2 ....., VI I '" / '" '
/ \ /... I ~1f)1II (-'I I
\ 1 tl I 'J q?,; I " I / /
( '0/ :{. I'" I
/ \ f1l .tJ~ i /H-Rf!pt1lr Drelnfleld
.I \ R~ptJlr DnJInf~/d I ~/,' 11 i"-i .3 lines . 100'
/ \ -4 lines · 75' 1 Jy, . I' " J 10 f (I' OC I
/ q' DC / ' I ";;'1 i ' i, SJ! l
/ 01 , J' ... , / I I')
, !JI,',' 101"'1'''' 1
/ \ t U If,' ,I ....,
" I Lot 14 / . " I' <t:1 f I 'tl / I
\ ' I , , , I I III ItlItI!II DrtJlnfllJld
/ I ' ,,' I,',
" .J,',' ,'1'5 .3lMs.I00'
lI'J# ,I 11"5 / i . q' OC
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I,' ' " ~ ! __~
1"5 ;' i i a~'/ i 8 1'.,;- \:jj~ _J..- .-
J f / OJ I / I ~,;:.j ..-..:- ...- .----
I:' i " , .... i../ ~,~~ ~.---
'ii' , , ...... '}.;..- ..-,-'
rg' ...-.; ft ~.I!> ,'" rt'.............- , /
"/. .~ 't'i~:!f l< o~\~ -- .--- .....
!J ~ v~r:~ ....... --
./ .o~ /
,t/l.~ .-- ...-
--

nlt/rll DrtJ/nf'/eld
-4 IlntJ& . 75'
q' OC

...J

Lot 13

\
,
\
\

/1;$;...0$-
.... J..,
--- /--O,(I.~
'..../ ~. /'
.~~ ....~~. ,/ /.~./ //

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~ ' / . / ..,ctJ; ~~~'i:J,
trP .// Z 'C
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Lot t;-A f I!. '.'-."./ \
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-__---l~0i'j:< .I
.30' Ace".. ~ad ," ' /
- - - - g ~-=- .~ - - .-

S~G tlO" One
(M11p BoDk 12, PtJge 44)

~

$hut 2 Df 2

~

Propo.",d Plot Pf~
LOT 11-A - SeCnON THRee
BEARDS CREEK ACRES
J.r"f'tIhoe
fOk
StewtJrt Smith

TOWN5HfP tic,. 5

~ DATE, ~.200

THIS PlAT IS FOP. PL~NNING PUPPOSES OIR Y MID >HOlJU) NOT
BE USED rop SALE5. OErn DESCRIPTION. OR IlECORO'"'. PURPOS.S.

.JOB N~' 114(O-~

@

SCALE: . - ",

rtt/antic Survey & 'Design, PA
[phone] . 302 South Front St. . PO Box 770, New Bern, NC 28563 . Fax [phone]

DATE:

c.,O A f12J m
.' ~ ~SSU\C,D
January 15, 2004 4D

WETLANDS /401 GROUp

FEe 1 6 20Ut)

WATER QUALITY SEC"';""
. I tUN

TO:

NCDWQ 401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

FROM:

Jerry R. Ryan, PLS

SUBJECT:

General Major Variance Request

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;[e-mail]

...

PAMLICO COUNTY
HEALTH
DEPARTMENT

203 NORTH STREET
PO BOX 306
BAYBORO, NC 28515
252-745-5111
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 Eastem 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
Pam lice 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
510912001. 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 pennit 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 pennit for the life of the land.
Our records indicate that you have a valid lifetime pennit 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 401/Wetlands Certification Unit, 1650 Mall Service. Center, Raleigh, NC 276Sg..1650,
The Pamlico County Health Departmenfs goal is to assist you as much as poSSible with our
limited resources, Copies of your pennit, 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, NC 28515

Enclosures: General Variance Application
DWQ Special Rules

ThankYOU~
;;'"
C -".~4..'.'. /

Jeruf(assiter
Pamlico County Health Director

jUkm

I OFFICE USE ONLY: Date Received ________________________

Request # _____________~____ I

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality

"General" Major Variance Request Form -

Frorn the Neuse and Tar-Parnlico Riparian Buffer Protection Rulesfor residential structures
on existing lots within the coastal counties as defined hy 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.

o Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.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:
Title:
Street address:
City, State, Zip:
Telephone:
Fax:

Stewart H. Smith
Owner
PO Box 1575
New Bern, NC 28563
(252 ) 635-2377
( 252) 638-3695

3. Contact person who can answer questions about the proposed project:
Name: Jerry Rvan
Telephone: C252J633-6649
Fax: L252J514-2858
Email: [e-mail]

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 10. Section 3, Beards Creek Acres

5. Project Location:
Street address: 475 Beards Creek Drive
City, State, Zip: Arapahoe, NC 28510
County: Pamlico
Latitude/longitude: 35000'45" -76051'58"

6. Directions to site from nearest major intersection (Also, attach an 8 % x 11 copy of the USGS
topographic map indicating the location of the site):

Take NC 306 past Arapahoe, riQht on NCSR 1117, riQht 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
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:
No__.
....No...
..oN 0..
.No..
...No...
.._.No._
No
.No,

Date received:

Permit Type:
CAMA Major
CAMA Minor
401 Certification/404 Permit
On-site Wastewater Permit
NPDES Permit (including stormwater)
Non-discharge Permit
Water Supply Watershed Variance
Others (specify )_._.....___.__...____._.._.

Part 2: Proposed Activity
(Please include attachments if the room provided is insufficient.)

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.]:

1.350 Sa. Ft. encroachment into Zone 2 (includes dwellinQ, 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 durinQ land disturbance and re-veQetation of Qrasses 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 & DesiQn, PA
Mailing address: PO Box 770
City, State, Zip: New Bern
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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

:~;:~::~: ~~_____. m____Date~

General Variance Application Form, page 3

';.Il:~"'-J. "'.,........- ~

IMPROVEKENT PERMIT

NORTH CAROLINA DEPARTMENT or ENVIRONMENT, HEALTH' NATURAL RESOURCES
DIVISION or ENVIRONMENTAL HEALTH, ON-SITE WASTEWATER SECTION

COUNTY,
OWNER:
OWNER'S

PAMLICO PIN: E091-87-1/7 RECORD. A00154
XISSt BASIER~lLLE PHONE: (919) 24'-0900
ADDRESS: P.O. BOX 864
ORIENTAL. NC 28571
ADDRESS/LOCATION or PROPERTY: BEARD'S CRE~1 SID LOT 10 i lOA
SEAFARER ROAD - ARAPAHOE

SUBDIVISION: BEARD'S CREEl PHASE:

N/A

LOT:

10 , lOA.

TYPE or ESTABLISHMENT
RESIDENCE: . (X)YES ()NO NUMBER OF BEDROOMS 4
NUMBER OF OCCUPANTSs 8 "AX DESIGN FLOW (GPO) 480
OTHER (DESCRIBE)
BASEMENT PLUlBINGs YES() NO(x)
TYPE or WELLs (z)PUBLIC ()WELL ()OTHER
TYPE or WASTEWATER SYSTEMs (SEE TABLE V) TYPE III(a) -OFFS!T! w/P.".

INSTALLATION

DESCRIPTION
/

INITIAL

REPAIR

nE~IGN PLOW' (GPO) .... 480
~~:~_::~~ !CCEPTA~CE RATE (GPD/srT) 0.4
TREM~H-w-N AREA (SrT),' 1200
_ iDTH (rT) 3"
~~~~HT:::~~N~~:~:'~r~~l :~~~

:~::~~~: :~~CHE~, WITH'252: REDUC'l'ION.4C75')..300'
N __OLUMECGL) . 1000G.
;RENCH BotTOR FROM N~TURAL GROUND LEVEL -12"

480
0.4
1200
3"
9'OC
400'
4 C7 S ' ) =300 '
10000
-12"

\,

CONDlTIONS::~RTLEBA~1 SYSTEM IN ORDER TO SHED SURFACE WATER AND LIIUT
HYnlZAULt C LO __' PLEA3E DIVERT DR~ INS ~ GUTTERS. ETC. AWAY nOM ORA IN
~~:~~~ ~~~~~L~~~ION or WA~ER CONSERVATION DEVICES HIGHLY RECOMMENDED
_ __ '__ ___OED TO SijED WATER. SEED AREA- FE~CUE. BERMUDA. OR
RYE rOR,FINAL LANDSCAPING. OBSERVE ALL PERTINENT SETBACIS.
-' .,.., ...... ,""l
. THIS PERMI~ SHALL BE ACCOMPANIED BY A LAYOUT SHOWN ON A PLAT,
,INCLUDING,A SYSTEMS SPECIflCATION SHEET WHICH SHALL-BE AN INTEGRAL
" PART Of THIS lKPROVEMENT PERMIT.
./ I ./
"}.. . r
. ,.'tHIS IMPROVEltENT PERIn lUST BE ATTACHED TO A CONSTRUCTION
.~AUTHORIZATION BEf~RE OBTAINING A BUILDING PERMIT OR OTHER
/' ./ " CO~STRUCTION PERMITS AN.D 'BErORE A WASTEWATER SYSTEIl IS I.NSTALLED.
. '".' ' .. .

"_. "~:"~.T~i's i~iR~~K~i~E'Ri'tr~is-suBjict.TO..J.tEVoCinON lr THE StTEPLANS OR
THE INTENDED USE CHANGE rROM THOSE SHOWN ON THE IKPROVEKENT PERIlIT
CHANGES fROIl THE ABOVE SHALL REQUIRE HEALTH DEPARTMENT APPROVAL.

oEBRR AOTHoRIZED ADEllT, ~~~~~UE' 2-18-91
NO. or ATTACHMENTS& . _ ~_~. C!-__

~

DATE
flAP t
RECORD t
SCALE

URIBn A
PAMLICO COUNTY RBAL!R DEPAR!MRNT
SYS!!M LOCA!ION a DESIGN

2-18- 91
E091-8712
A001S4
1".SO'

---------------------------------------.------ -

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r u.n
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0'/15/t. 1:)) fN
JOTCI I, c.uAIIU
lIvhter Of Dllds

STATE OF NORTH CAROLINA
COUNTY OF PAMLICO
O THIS DEED, made and entered into this the /5 ~~ day of
~ ' 19Ek, by and between H. E. ALLEN and wife, ANNE B.
ALLE', parties of th~ first part I and STEWART H. SMITH, whose
address is plJo&'I. 15'15'. New But\ N~, party of the second part i
o ,
WIT N E SSE T H :

That the parties of. the first part in consideration of

the sum of Ten Dollars ($10.00) and other good and valuable

considerations to said parties paid by the party of the second

part, the receipt of which hereby is acknowledged, have bargained

and sold and by these presents do bargain, sell and convey unto the

! party of the second part, said party' 8 heirs and assigns, the
II
E following described properfy, to wit:

! All our undivided interest and three-fourths
S undivided interest in and to the following
tracts or parcels of land lying and being
situate in Number Five Township, Pamlico
County, North Carolina and being more
particularly described as follows:

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Being all of Lot Nos. 10 lnd lOA ac name are
shown and de1in~ated on a map of Beard's Creek
Acres, Seetion Three, a map of which is
recorded in Plat Cabinet A, Slide 27-2 in the
office of the Register of Deeds of Pamlico
County, reference to said map being hereby
made for a more perfect description of said
property.

This conveyance is made together with
easements of record including, but not being
limited to, a non-exclusive, perpetual
right-of-way and easement for the pUrposes of
ingress, egress, regress, aceess, the
installation and maintenance of utilities and
further subdivision over Beard's Creek Court,
Beard's Creek Orive and the 30' access road
all a shown and delineated on the map of
Beard's Creek Acres Section One, a map of
which is recorded in Map Book 12, Page 44 and
Plat Cabinet 1, Slide 144, Beard's Creek Acres
Section Two, a map of which is recorded in
Plat Cabinet A, Slide 7-1 and Beard's Creek
Acres Section Three, a map of which is
recorded in Plat Cabinet A, Slide 27-2.

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0904

This conveyance is made together with the
lS~foot Uellity Easements shown and delineated
on the aforesaid maps running between Lot
No. 10 and Lot No. lOA.

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This conveyance is made subject to those
certain restrictive and protective covenants
recorded in Book 239, Page 58.

TO HAVE AND TO HOLD said property and all privileges and
appurtenances thereunto belonging to the party of the second part,
said party's heirs and assigns forever.
And the parties of the first part do covenant that said
parties are seized of said property in fee and have the right to
oonvey the same in fee simple; that the same is free from
encumbrances except any encumbrances or restrictions mentioned
above and that said parties will warrant and defend the title to
the same against the lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the parties of the first part have
set said parties' hands hereto and have adopted as said parties'
seals the typewritten word "SEAL" appearing beside said parties'
names, this the day and year first above written.

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H, E. Al en

(SEAL)

12".. .,. t-:?
Anne B. Allen

lJe.e a ~.J

(SEAL)

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THE PROPERTY SHOWN DOES FALL WITHIN THE FEDERAL. FLOOD
INSURANCE RATE MAP ONE HUNDRED (100) YEAR FLOOD PLAIN.

REFERENCE RESTRICTIVE COVENANTS FOR RESTRICTIONS AND
EASEMENTS THAT MA Y APPLY.

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IPF - IRON PIPE FOUND
IPS - IRON PIPE SET
MBS - MINIMUM BUILDING SETBACK
DUE DRAINAGE AND UTILITY EASEMENT
UE - UTILITY EASElAENT
x 9.1 - SPOT ELEVATION

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LOCA TION

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Av. High WlIter Line

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Retetltlg Walla for DrIveway

LOT 'I
Phillip O. Nichols
4G.3 Bellrds Creek Dr.
Arllpllhoe. NC 28510

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LOT 12
Phillip O. Nichols
(Undeveloped)

5 8,08'.34' W
18,00'

;;:\ Tie' To MlIg NlIlI end
of BetJrds Cr Dr
I 5 05'28'.3.3' r 328.53'
30'

.:30' Access, ~otJd
PrIVate Paved R/W

CAMA

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It was reported to me that CAMA
has no )Jrlsdlctlon for this part of
Beards Creek, however I have no
supporting document thus leave to
others to verify.

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Betlrds Creek. Drive

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See Sheet 2 for off6lte DrtIkIfleld Lot 10-A

Sheet 1 of 2

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Proposed Plot PltJn
LOT 10 - SeCTION THRee
BEA~DS C~EE!( AC~fS
BetJrds Creek Drive - ArtJptJhoe
......-----
- - - - FOR ........
"'-
Judith M. Henning

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TOWNSHIP No. 5

PAHLICO COUNTY NORTH CAROLINA
AtlMtlc Scrvey + Dea/gn. ,.A
1.305 COCMItry Club RotJd fC\
NeW Ba:N. NORTH CA1WLJNA ~
(252) lD.3.3-<DlD4Q

THIS PLAT IS FOR PLANNING PURPOSES ONLY AND SHOULD NOT BE
USED FOR SALES, DEED DESCRIPTION, OR RECORDING PURPOSES.

JOB No.
o SCALE'

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THE PROPERTY SHOWN DOES FALL ~THIN THE FEDERAL. FLOOD
INSURANCE RATE MAP ONE HUNDRED (100) YEAR FLOOD PLAIN.

REFERENCE RESTRICTIVE COVENANTS FOR RESTRICTIONS AND
EASEMENTS THAT MAY APPLY.

/'
//'/'
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L OCA TION

LEGEND

IRON PIPE FOUND
IRON PIPE SET
MINIMUM BUILDING SETBACK
DRAINAGE AND UTIUTY EASEMENT
UTIUTY EASEMENT / "\
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IPF -
IPS -
MBS -
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Lot 14

InltltJl DrtJlnfleld
4 lines . 75'
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--

Lot 1.3

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Section One
CMtlp Boole 12. PtJge 44)

Lot G-A

THIS PLAT IS FOR PLANNING PURPOSES ONLY AND SHOULD NOT
BE USED FOR SALES. DEED DESCRIPTION. OR RECORDING PURPOSES.

Sheet 2 of 2

TOWNSHIP No. 5

Proposed Plot PltJn
LOT 10-A - SECTION THREE
8EARDS CREEK ACRES
ArtJptJhoe
FOR
Judith M. Henning
PAMLlCO COUNTY NORTH CAROLINA
Atlantic Sw-vey + De"lgn. ,.A

1.305 C()(XItry CUI ~otJd ~
NEW BDeN. N~TH CA~OUNA ~
C2~2) ~.3.3-~~4q

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