20041540 Ver 1_COMPLETE FILE_20070831

OFFICE USE ONLY: Date Received Request #,_
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality 0 4 1 5 4 0
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE. This form may be photocopied for use as an original.
Please identify which Riparian Area (Buffer) Protection Rule applies.
?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 02B .0259)
? Catawba River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
/ 401 GROUP
Part 1: General Information SEP Y 6
(Please include attachments if the room provided is insufficient.) 2004
1. Applican 's name (the corporation, individual, etc. who wns the property): WATER QUALITY SECTIOt4
2. Print Owner/Signing
Name:
Title:
Street address:
City, State, Zip:
al (person legall) responsible for the property and its compliance)
/// S.4a
r ,il/C
.-ee/C_ / -y"
Telephone: 1!
Fax:
3
Contact person who can answer questions abo
Name:
5!iq__)
Telephone:
Fax:
_.:_v...)
Email:
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
/// . rizr / ! reps v >/y tI . Z" r I, A,,- <f -7 75!3
t the proposed pro?jlect:
// ?4te/??®? ?'7°
?an ?rG ? 6?) C.re•.,Ti
Version 2: November 2002
5. Project Location:
Street address:
City, State, Zip:
County:
Latitude/longitude:
6
/// ??1 4 Gl ?j Z-ee- e l r,a; f/
W
Directions to site from nearest major intersection (Also, attach an 8 %2 x 11 copy of the USGS
topographic map indipating the location of the sitp): n / -
7. Stream to be impacted by the proposed activity:
,"7Stream name (/for unnamed streams label as "UT" to the nearest named stream): ?j -/
C ?PBK h4fli '41.1r /?th "f), OLf',r F-16 !h 71, ?/AC.K ce-,v
Stream classification [as identified within the Schedule
.0315 (Meuse) or.0316 (Tar-Pamlico)]:
8. Which of the following permits/approvals will be required or have been received already for
this project? A11. 4
Required: Received: 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 i ft 2.]. 7-- T /
r$? vLe y? O?Gp I?L° Qc?'a?r?l 0%l ! o ?G C /l d ? /I c? G? See
2. State reasons why this plan for the proposed activity cannot be practically accomplished,
reduceq or reconfigur d to b tter minimize or eliminat(j disturbance to the riparian buffe?
,' -4"S %r o 7,00" JIs, l7 -c 4,f? .41.- cc -?o,i- 77r J'cv?-c°H t
rrc A U& / /ham 17-
o rye A ? /j/oH trio" /a1 5r / ? o
CDfT/?ts rya Tc ?r 4LV?v fv0?tn Ze ;374 ^S?Li!_ ??, Jar
Classifications 15A NCAC 2B r+ 44
n-. ? T?r r
Variance Request Form, page 2
Version 2: November 2000
3. Description of any best management practices to be used to control impacts associated with
the proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
re-planting vegetation or enhancement yofxisting vegetation, ettc.\/':
s;7 04 T O?hT v? //?7 ) s r ?G?LZ ? V v'/HC CS?y
04W / ", z? N/r 4k l ? ra J ?Tc gvr7cc
Or G `Jn1 YD ?{?? %Z c o C?"a-GO CC ?J Ft/?- 4`J ??/?- 4 f
M i h /At ? ?. a P i h fiL/ t, ??..^....-
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule../
loo c?? h o T .e /o /'vr? Jl?o?vZ-
hlct eto? / u. C7 er sCVrC-ate A /00 -CG .._?
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
We criokjp? 4v -7- 6c,,©it+? ScrC&'A
(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.
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):
Mailing address:
City, State, Zip:
Telephone:
Fax:
Email:
Part 5: Applicant's Certification

Variance Request Form, page 3
Version 2: November 2000
I, Alen„ e,7%? (print or type name of person
listed in Part I, Item 2), certify that the information included on this permit application form is
correct, that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions.
Signature
Date:
Title:

Variance Request Form, page 4
Version 2: November 2000

North Carol?
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The property (iQ ((P- in an area
designated as having special 100 year
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Federal Emergency Management Agency.
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FEMA MAP # ZONE
Effective date: March 3, 1992
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GENERAL NOTES
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:MapQvest: Maps: print
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111 Shady Creek TO
Cary NC
27513-3823 US
Notes:
ASSOCIA S
Associate of Arts in General Studies
UNDERGRADUATE
Bachelor of Science in Business/Accounting
Bachelor of Science in Business/Administration
Bachelor of Science in Business fe-Business
Bachelor of Science in BusinessfManagement
Bachelor of Science in BusinessMarketing
Bachelor of Science in Criminal Justice Administration
Bachelor of Science in Health Care Services
Bachelor of Science in Information Technology
Bachelor of Science in Management
Bachelor of Science in Nursing
GRADUATE'
Master of Arts in Education
Master of Business. Administration
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Michael 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
September 21, 2004
DWQ Project # 04-1540
Wake County
Page 1 of 2
Kenneth Parker
111 Shady Creek Trail
Cary, NC 27513
Subject Property:
111 Shady Creek Trail, Cary, NC
UT to Black Creek [03-04-02, 27-33-5, C NSW (nutrient sensitive)]
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
.0233(9)(b)]
Dear Mr. Parker:
You have our approval, in accordance with the conditions listed below, to impact approximately 168
square feet (ft2 ) of Zone 2 of the protected buffers to construct a screened porch at the subject property as
described within your variance request dated September 2, 2004, and received by the Division of Water
Quality (DWQ) on September 16, 2004. This letter shall act as our Minor Variance approval as
described within 15A NCAC 2B .0233(9)(b). In addition to this approval, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner(s) must be given a copy of this variance approval and is thereby responsible for
complying with all conditions. This approval requires you to follow any conditions listed below.
The Additional Conditions of the Certification are:
1. No Zone 1 Impacts - No impacts (except for "exempt" uses as identified within 15A NCAC 2B
.0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the
DWQ. No impervious surfaces shall be added to Zone 1, unless otherwise approved by the
DWQ.
2. Buffer Mitigation (EEP) - You are required to mitigate for impacts to the protected riparian
buffers. The required area of mitigation to compensate for impacts to the protected riparian
buffers is (168 x 1.5) or 252 square feet as required under this variance approval and 15A NCAC
2B .0242. We understand that you wish to make a payment into the Riparian Buffer Restoration
Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. In accordance with 15A NCAC 2B .0242, this contribution will satisy
our compensatory mitigation requirements under 15A NCAC 2B .0233(9)(C). Until the WRP
receives and clears your check (made payable to: DENR - Wetlands Restoration Program
Office), no impacts specified in this variance approval shall occur. Mr."'Ron Ferrell should be
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]/ Internet: hftp://fi2o.enr.state.nc.us/ncwetlands
Nose Carolina
Naturally
An Equal opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Kenneth Parker
Page 2 of 2
September 21, 2004
contacted at [phone] if you have any questions concerning payment into the WRP. For
accounting purposes, this variance approval authorizes payment into the Riparian Buffer
Restoration Fund to compensate for 252 fe of required riparian buffer mitigation for
impacts to 168 fe of protected riparian buffers; 03-04-02, river and subbasin, 27-33-5
stream index number." %-) L ? b D
The DWQ will also accept an alternative method of mitigation (including but not limited to
Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B
.0242) to satisfy this mitigation requirement. If you choose to pursue this option, then you are
required to submit in writing a mitigation plan to the DWQ Wetlands/401 Unit for review and
approval. No impacts shall occur to the protected buffers until the mitigation plan is approved by
the DWQ.
3. Diffuse Flow - An additional condition is that all stormwater shall be directed as diffuse flow at
non-erosive velocities through the protected stream buffers and will not re-concentrate before
discharging into the stream as identified within 15A NCAC 2B .0233(5).
4. Certificate of Completion - Upon completion of all work approved within the 401 Water Quality
Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, -R\aleigh, NC, 27699-1650.
Requests for appeals of this decision shall be made to the Office 'of Administrative Hearings. 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 which
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 Minor Variance Approval shall expire five (5) years from
the date of this letter.
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] if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
AWK/JRD/bz
Attachments: Certificate of Completion
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Klim E.
a
Michael F. Easley, Governor
? William G. Ross Jr., Secretary
i 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
NORTH CAROLINA DIVISION OF WATER QUALITY
MINOR VARIANCE
SUMMARY OF PERMJTTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2B .0242, W. Tom Harris, Jr.have permission as outlined below to impact
protected riparian buffers for the purpose(s) of constructing a residential dwelling. All activities associated with
these authorized impacts must be conducted with the conditions listed in the attached certification transmittal
letter. THIS VARIANCE APRPOVAL IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
DWQ Project No.:
Date:
LOCATION:
04-1540
September 21, 2004
Raleigh
COUNTY: Wake
BASIN/SUBBASIN: 03-04-02 (river/subbasin); 27-23-5 (stream index no.)
As required by 15A NCAC 2B .0233, you are required to compensate for the above impacts through the
restoration or enhancement of buffers as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
252 square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242. If you choose this option,
please sign this form and mail it to the EEP at the address listed below. An invoice for the appropriate amount
of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT
AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE EEP.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
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), hftp://h2o.enr.state.nc.us/ncwetlands/
NonrthCarolina
Natirally
SENDING CONFIRMATION
DATE SEP-21-2004 TUE 14:14
NAME DWQ--WETLANDS
TEL [phone]
PHONE : [phone]
PAGES : 3/3
START TIME : SEP-21 14:13
ELAPSED TIME : 01122"
MODE : ECM
RESULTS : OK
FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...
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September 21, 2004
DWQ ProjectM 04-1540
Wake County
Page 1 of 2
Kenneth Parker
111 Shady Creek Trail
Cary. NC 27513
Subject Property: 111 Shady Creek Trail, Cary, NC
UT to Black Croak (03-04-02,27-33-5, C NSW (nutrient sensitive)]
Approval of Neese River Riparian Buffer Protection Bales Minor Variance 115A NCAC 2B
,0233(90))
Dear W. Parker:
yon have eta approval, in accordenca with the conditions listed below, to impact approxJmately 168
square feet (fk1) of Tone 2 of the protected bedfe s to tonstnsc) a eereened pomb at the subject property as
described within your variance request dated September 2, 20? and received by the Division of Water
Quality (DWQ) ce September 16, 2004. Mils letter shell act as flour Minor Variance approval as
described within 15A NCAC 2B .0233(9)(b). In Additi on to this approval, you should obtain or otherwise
comply with any other required federal, state m local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your Apphcetiob. B YOU change your
project, you must notify us and you may be requited to read us a new application. It the property is
sold, the new owner(s) must be given a copy of this variance approval and is thwvbY responsible for
complying with ad] conditions. This approval regimes you to follow any conditons listed below.
The Additional Conditions at the Certification arc:
1. No Zono 1 Imparts - No impacts (except for "exempt" uses as identified within 15A NCAC 213
.0233) shall occur to Zane 1 of the protected riparian buffers unless otherwise approved by the
DWQ. No impervious surfaces shall be added to tone 1, unless otherwise approved by the
DWQ.
2. Buffer Mitigation (EE1h - You are required to mitigate for impacts to the protected riparian
buffers. 'fire required area of mitigation to compensate for impacts to the protected riparian
buffers is (168 x 1.5) or 252 square feet as required under this variance approval and 15A NCAC
ZB.0242. We understand that you wish to snake a payment into the Riparian Buffer Restoration
Fund administered by the NC EcosyatemEnltancemem Program (IMP) to meet this mitigation
requirement. This bas been determined by the DWQ to be a suitable method to meet the
mitigation requirement. In accordance with 15A NCAC 2B .0742, this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 211 .0233(9)(C). Until the WPT
receives and clears your check (made payable to: DENR - Wetlands Restoration Program
Office), ao impacts specified in this variance approval shall eccna. Mr: Ran Femll should be
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