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HomeMy WebLinkAbout20031272 Ver 1_COMPLETE FILE_20031016?OF WATER Michael F. Easley, Governor William G. Ross Jr., Secretary Q `O G North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director -I Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality March 30, 2004 DWO # 03-1272 Wake County Winston E. & Teresa L. Shade 4713 Greenpoint Lane Holly Springs, NC 27540 (919) 303-2626 (FAX) Subject Property: Lot 655, Sunset Forest @ Sunset Ridge S/D, Holly Springs, NC UT to Middle Creek [03-04-03, 27-43-15-(1), C NSW (nutrient sensitive)] BUFFER MITIGATION PLAN: Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B .0233(9)(b)], Condition No. 2. Dear Mr. Shade: On January 16, 2004, the Division of Water Quality (DWQ) received your mitigation plan dated January 12, 2004. The DWQ has determined that the buffer restoration proposed within your January 12, 2004 mitigation plan will satisfy Condition No. 2 of your Minor Variance approved on November 19, 2003. Please note that Condition No. 2 will not be satisfied if you fail to complete the buffer restoration as proposed within your mitigation plan. Please call me at (919) 733-9726 if you have any questions or require copies of our rules or procedural materials. Sincerely, Bob Zarzecki, ESIII DWQ Wetlands/401 Unit cc: Heather Keefer, Town of Holly Springs, Engineering Dept., PO Box 8, Holly Springs, NC 27540 Steve Mitchell, DWQ Raleigh Regional Office 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), hftp://h2o.enr.state.nc.us/ncwetiands/ January 12, 2004 North Carolina DENR Department of Water Quality Wetlands/401 Unit Raleigh, NC 27699-1650 0a ^ 01.1 a. A?R R?L1 ?CTIOId Attn: John Dorney and Alan Klimek - P.E. Director Subject Property: Lot 655, Sunset Forestn,Sunset Ridge S/D, Holly Springs, NC Dear Mr. Dorney, I am writing to respond to the letter you wrote to me dated December 12, 2003. (Copy attached) I would like to address each of the 8 items in sequence and reference any attachments as needed. The area of mitigation is shown on the attached plat labeled # 1. I will ensure that an area of 1762.5 square feet that is 50 feet wide is designated as the area of mitigation. Vegetation Plan- The area of mitigation will consist of 13 native hardwood trees - 3 gallon size. The trees will consist of 7 oak and 6 maple. No grading of the proposed area of mitigation is needed. The area is flat to slightly sloping. The only fertilizer to be used will be root fertilizer stakes if needed. The planting of the area will take place within 90 days of approval of this mitigation request or May 1, 2004. The area of mitigation is not located in the sewer easement. See plat labeled #2 Copy of Deed Restriction draft. See Deed Restriction #3 1 will submit a notice to the DWQ that the plantings have been completed and provide annual reports on the survival of the planted trees for 5 years and I promise to replace any trees that die during the 5 year period that follows after the planting of the trees. Thanks for your time and consideration. Sincerely, r Winston Shade O?O? WAT F19 o ?c 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 Coleen H. Sullins, Deputy Director Division of Water Quality December 12, 2003 DWQ # 03-1272 Wake County Pagel of 2 Winston E. & Teresa L. Shade 4713 Greenpoint Lane Holly Springs, NC 27540 (919) 303-2626 (FAX) Subject Property: Lot 655, Sunset Forest @ Sunset Ridge S/D, Holly Springs, NC UT to Middle Creek [03-04-03, 27-43-15-(1), C NSW (nutrient sensitive)] BUFFER MITIGATION PLAN: Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B .0233(9)(b)], Condition No. 2. Dear Mr. Shade: On November 20, 2003, the Division of Water Quality (DWQ) received your "Mitigation Proposal" dated November 20, 2003 to satisfy Condition No. 2 of your Minor Variance approved on November 19, 2003. Please note that additional information will be required pursuant to 15A NCAC 02B .0242 before the DWQ can approve your proposed mitigation. Please note that Condition No. 2 of your variance approval will not be satisfied until the DWQ approves this mitigation plan. Please provide the following information to both this office and the Raleigh Regional Office. Additional Information: 1. Area of Mitigation - Please specifically identify the area of mitigation on your plans. The area of mitigation is required to be at least 1,762.5 square feet in size and at least 50 feet wide from the bank of the stream. 2. Vegetation Plan - Please provide a vegetation plan identifying the location and species of all trees to be planted within the buffer. The plan must include at least thirteen (13) native hardwood trees and at least two different tree species. The plan must include at least 3-gallon size trees or larger. 3. Grading Plan - Are you proposing any grading within the mitigation area? Please note that you must perform any grading required to ensure diffuse flow. Depending on existing site conditions, grading may not be required. 4. Fertilizer Plan - Please provide of a fertilizer plan, detailing the type and amount of fertilizer and implementation schedule. 5. Schedule - Please provide a schedule of when you plan to begin the restoration and when you plan to complete the plantings. 6. "20' San. Sewer Easement" - Your plans depict a sewer easement within your restoration area. Please note that your restoration area must be located outside of your sewer easement. Please provide proof that the restoration are is located outside of the sewer easement. 7. Deed Restrictions - Please provide draft "Deed Restriction" language to be placed on the lot at the time that the property is sold. The "Deed Restrictions" must clearly identify the mitigation area as an area to be left undisturbed. 8. Reporting - Please note that if your mitigation plan is approved, then you will be required to provide proof in writing that the trees have been planted within one year of the date of the mitigation plan approval. Also, you will 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/ncwetiands/ vv n ibwr i Jndue Page 2 of 2 December 12, 2003 be required to provide annual reports proving that the trees have survived and that diffuse flow has been maintained. You will be required to replace any trees that die within this period and to maintain diffuse flow. For further details on buffer mitigation requirements, please refer to N.C. Administrative Code 15A NCAC 02B .0242. Please call Mr. John Dorney at (919) 733-1786 or Ms. Deborah Edwards at (919) 571-4700 if you have any questions or require copies of our rules or procedural materials. Sincerely, cc: Heather Keefer, Town of Holly Springs, Engine6ri Deborah Edwards, DWQ Raleigh Regional Office File copy Central Files , PO Box 8, Holly Springs, NC 27540 DWQ031272 December 12, 2003 bz pits. 1 y 100' CP&L TRANSMISSION LINE EASEMENT S 13 'r+a•?s 20' SCALED FRO _ _ EWER EASEMENT "-- --- _ 199J PG 1519 SEMENT IS C ON STR RES S45'S2'IO"W .7 l ?f« • • g • •BUILDING- ENV OPE ?'yo ?o f? ? ' + 1- - - - - 654 - - - - - ? I • • i y z ? i C? c ? .?.._ ?i p p 10.90 20,852 SF I V (/?/ ?` I 653 I I DECK I I I 655 0 o o 19'8 10 ti 11.8J b 36.41 iB'S ?.. I CUSTOM ? I 22' r b PORCH 22 130.23 - - - - O I \ C1 CREENPOINT LANE 50' PUBLIC ROAD \ CURVES TABLE \ Curve / Radius Arc Len th Chord Bearing De/fo \ C1 233.19 105.56 104.66 N51'4B'16"E - 25d56'f f" ` ( 113)= ELEVATION REDRAW DATES 212711001 PRELIMINARY PL 0 T PLAN CIRCLE PROPERTY OF : KEVIN LAMB gUN f pORESf SUBN.VISION : SUNSET FOREST AT SUNSET RIDGE SE LOCATLOT : 654 ED HOLLY SPRINGS AP BOOK : 1993 PAGE : 1519 ADDRESS : GREENPOINT LANE WAKE COUNTY NC DATE : 211211001 SCALE 1" a JO' FIELD BOOK : - This map was prepared from data previously recorded, as noted, and from other sources furnished by the owner and is preliminary in nature. `r9?r it is Intended to be used for planning only and in no way represents a survey made by this company, This map is not to be used far Re rdation CanrXkgzLa r ceiss AND ECH SURVEYORS INC VICINITY MAP - NOT TO SCALE 4084 BARRETT DRIVE 787-6114 RALEIGH, N. C, F 1444 a 8 100' CP&L TRANSMISSION LINE EASEMENT S NITARY SEWE L R EASEMENT D FROM MB 199J PG 1519 ENT IS CENTERED ON STRUCTURES S45'52' 10"W - - - - - - - - - - - - - 12794 r N x 0", rL? B DING- f r - - PE - - - - - - - - - - 654 ?$AI r 20,852 SF 2 A RR ? S f I I zn to bm? ? v Znz?z Ll y 653 i U DECK 655 0 ° 0 vA?, ? ? ? 9.B f 0 2I. B3 ti ? m I b 17'10- 36.41 CUSTnA.I zz' RCH I30.2J 22' 12*' O PO a N ---------- 7 C1 GREENPOINT LANE 50' PUBLIC ROAD CURVES TABLE Curve / Radius Arc Len th Chord Bearing De/to C f 2JJ.19 105.56 104.66 N51'4B' 16"E - 25d56' 1 1 (1231= ELEVATION REDRAW DATES 212712001 PRELIMINARY PLOT PLAN PP,OPEPTY OF : KEVIN LAMB SUBDIVISION : SUNSET FOREST AT SUNSET RIDGE LOT: 654 MAP BOOK : 199J PAGE : 1519 LOCATED : HOLLY SPRINGS WAKE COUNTY, NC ADDRESS : GREENPOINT LANE DATE : 212212001 SCALE 1" a 30' FIELD BOOK : - VICINITY MAP - NOT TO SCALE This map was prepared from data previously recorded, as noted, and from other sources furnished by the owner and is preliminary in nature. It is intended to be used for planning only and in no way represents a survey made by this company, This moo is not to be used for Recordation onvevance or Saes AND ECH SURVEYORS INC 4084 BARRETT DRIVE 787-6114 RALEIGH, N.C. #3 Deed Restriction Draft The area located in the back left corner of lot 654 in which 13 hardwood trees have been planted is designated as a restricted environmental area. The vegetation in this area is to remain undisturbed. The area is 1800 square feet and is bordered by the stream to the rear of the property; the property line shared with lot 653 and extends 36 feet from the property line shared with lot 653 towards the property line shared with lot 655. The area extends 50 feet from the bank of the stream. ?OF Vd A TF9 Michael F. Easley, Governor William G. Ross Jr., Secretary \0 G North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director > -i Division of Water Quality p ? Coleen H. Sullins, Deputy Director Division of Water Quality December 12, 2003 DWQ # 03-1272 Wake County Page 1 of 2 Winston E. & Teresa L. Shade 4713 Greenpoint Lane Holly Springs, NC 27540 (919) 303-2626 (FAX) Subject Property: Lot 655, Sunset Forest @ Sunset Ridge S/D, Holly Springs, NC UT to Middle Creek [03-04-03, 27-43-15-(1), C NSW (nutrient sensitive)] BUFFER MITIGATION PLAN: Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B .0233(9)(b)], Condition No. 2. Dear Mr. Shade: On November 20, 2003, the Division of Water Quality (DWQ) received your "Mitigation Proposal" dated November 20, 2003 to satisfy Condition No. 2 of your Minor Variance approved on November 19, 2003. Please note that additional information will be required pursuant to 15A NCAC 02B .0242 before the DWQ can approve your proposed mitigation. Please note that Condition No. 2 of your variance approval will not be satisfied until the DWQ approves this mitigation plan. Please provide the following information to both this office and the Raleigh Regional Office. Additional Information: 1. Area of Mitigation - Please specifically identify the area of mitigation on your plans. The area of mitigation is required to be at least 1,762.5 square feet in size and at least 50 feet wide from the bank of the stream. 2. Vegetation Plan - Please provide a vegetation plan identifying the location and species of all trees to be planted within the buffer. The plan must include at least thirteen (13) native hardwood trees and at least two different tree species. The plan must include at least 3-gallon size trees or larger. 3. Grading Plan - Are you proposing any grading within the mitigation area? Please note that you must perform any grading required to ensure diffuse flow. Depending on existing site conditions, grading may not be required. 4. Fertilizer Plan - Please provide of a fertilizer plan, detailing the type and amount of fertilizer and implementation schedule. 5. Schedule - Please provide a schedule of when you plan to begin the restoration and when you plan to complete the plantings. 6. "20' San. Sewer Easement" - Your plans depict a sewer easement within your restoration area. Please note that your restoration area must be located outside of your sewer easement. Please provide proof that the restoration are is located outside of the sewer easement. 7. Deed Restrictions - Please provide draft "Deed Restriction" language to be placed on the lot at the time that the property is sold. The "Deed Restrictions" must clearly identify the mitigation area as an area to be left undisturbed. 8. Reporting - Please note that if your mitigation plan is approved, then you will be required to provide proof in writing that the trees have been planted within one year of the date of the mitigation plan approval. Also, you will 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/ Winston Shade Page 2 of 2 December 12, 2003 be required to provide annual reports proving that the trees have survived and that diffuse flow has been maintained. You will be required to replace any trees that die within this period and to maintain diffuse flow. For further details on buffer mitigation requirements, please refer to N.C. Administrative Code 15A NCAC 02B .0242. Please call Mr. John Dorney at (919) 733-1786 or Ms. Deborah Edwards at (919) 571-4700 if you have any questions or require copies of our rules or procedural materials. Sincerely, cc Heather Keefer, Town of Holly Springs, EngineWi Deborah Edwards, DWQ Raleigh Regional Office File copy Central Files ly Springs, NC 27540 DW Q031272 December 12, 2003 bz November 20, 2003 To: North Carolina Department of Water Quality Attn: Bob Zarzecki From: Winston Shade - Landowner Lot 655 Sunset Ridge Subdivision Subject: Mitigation Proposal I am writing to propose a mitigation settlement based on the options described in the Minor Variance dated November 19, 2003. 1 own the adjacent property to Lot 655, which is lot 654 or 4713 Greenpoint Lane in Holly Springs, North Carolina. The stream that is the subject of the Minor Variance flows across Lot 655 then turns along the property line of Lots 655 and 654 and then turns inside or the rear of the property line of Lot 654 (see attached plot map). My proposal is to plant 13 native hardwood trees along the rear of Lot 654 in which the stream flows. The planting of the trees would mitigate the 1 175 square feet in Zone 2 of disturbed area. The number of trees to be planted was recommended by you prior to my application for the Minor Variance being submitted and is based on the 320 trees per acre density required by NCDWQ. Please contact me with an approval of this proposal as soon as possible or if you have any questions please call me 880-3535. Thank you, Winston F. Shade "F-'/ Alv, iI p RQ(lP ?4?' ?' ?? zoos Page 1 of 1 Holly Springs, NC 27540 919-557-9601 ncdixiesoftball@yahoo.com Do you Yahoo!? Exclusive Video Premiere - Britney Spears 10/31/03 FROM : PHONE NO. 9193636708 Mar. 20 2000 12:15PM P4 uec-13-99 IZ:53P bryan propertles P.02 c 'o ?C) .'C3 w 9 74' 116.04 1Q2n E 349 50. A/w PUBLIC OF THREE ~" N 6 OYRCLE ' T FOREST 126.59 SUNSE cr . g 83 ` 11 ' 02 W 13o 23 cn 3' 11' 02" W 133-11-02" °• rn L; N y NSTALLATION OF ?a x N 6 5 1 N .TS N cc' 666 m cc) 667 OTHER REVISED a r r N 86' 48' 23" E ALE MANNED AND ATIONS IN THE Irn m 955.06'. ARANTEES OF THE 152.63' AN AMOUNT AND • cv IINGS HAS BEEN - 3 5 gA' 13' 27 W ; w v C ?? N IN THE AMOUNT 6 N C7 .? 665 tip' 5 '6*32'47 A 664 A "' Qa 244 61 , E L 653 \P ONE OF THREE 6 5 4 ?Ye DRAIN. ESM 1' Q9 F? , r' 655 /?y SHOWN HEREON HAS :GULATIONS OF THE 4AT THIS PLAT HAS i OF THE TOWN OF THE REGISTER OF MAR 20 2000 12:16 ti ;MOaTH GAROCiNA AK COU'NY' rt(ffcatl? .¢ ;. The toti= it r F. r....,.e,.? hA enrre 9193636708 PAGE.04 CURVE TABLE CURVE LENGTH RADIUS CHORD BEARING CHORD DELTA TANGENT ]A- 1 i+ Cl 76.95 233.19 N74176.60 1 4' ' 3E. B3 VO J LAFOY OR < c P A C2 39.28 25.00 6'41' 'W 35.36 1'14" 25.01 0. ? J> GREENPOINT LN z o ?d?+ 100' CP&L TRANSMISSION LINE EASEMENT o b`4 10 _?? r /? _ ??lI VICINITY MAP N.T.S. Ton w i ,? EIP S 45'52'10 W 115.47' LIP S 45'52'10" W 116.91' IP (545'45'39'W 11711') -1 kn S; LOT 656 2556' PROPOSED 0.76 AC. 26.42 TWO STORY BRICK k FRAME HOUSE I rl, \ I < IMPACT IN ZONE 2 I z i 1175t SF LOT s7 657 LOT I ? 45 4 W a0 . M 6.00 I - I Y '2 2 DECK I a 1 w n= I 19.90' (V I< H 1 ? ? Z? n u (V ~ ? I z 33 Li a. I ?' I I 2.33 I I N gj ~ L._ fV EXISTING HOUSE tt tD 1 i43(9' L S13.66? t ?N I W 4 2 OB 00 y ! r I (? ; I p Fefcwe I ¢ I v ? ,;*, G ASS h O? 3 I I I (n I k In I I• 151 C NC. PIPE nn Q I ?uI*?v3pop? "t'.FC2S 'r I l`? I c?, :n 1 \ I < e-r- $54 POINT IN n \\ t z Q CTV l MM? ? t^7 \ z f^ Y C9 LEGEND A .J`.. \?\ 470) EIP % EXISTING IRON PIPE 6 0' MH - MANHOLE OGe? ,- 0-> (i FES - FLARED END SECTION CTV - CABLE TV PEDESTAL CDC 9 \ P TP - TELEPHONE PEDESTAL CTV O°I Q C/L - CENTERLINE \ T R/W RIGHT OF WAY CV _ _____________??p ?1• ` \ DRAINAGE EASEMENT pB"o NOTES: If NOT FOR RECORDING, INFORMATION FOUND. \ CLOSURE(FIELD): >1/10000. PROPERTY SUBJECT TO ANY EASEMENTS OF RECORD. Z LOT 655 IS CURRENTLY NOT IMPROVED. BUILDER TO VERIFY ALL HOUSE DIMENSIONS AND / BUILDING SETBACKS. WATF9 p Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources co Alan W. Klimek, P. E. Director > -i Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality November 19, 2003 DWQ # 03-1272 Wake County Page 1 of 3 Winston E. & Teresa L. Shade 4713 Greenpoint Lane Holly Springs, NC 27540 Subject Property: Lot 655, Sunset Forest @ Sunset Ridge S/D, Holly Springs, NC UT to Middle Creek [03-04-03, 27-43-15-(1), C NSW (nutrient sensitive)] APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0233(9)(b)] Dear Mr. Shade: You have our approval, in accordance with the conditions listed below, to impact approximately 1,175 square feet (ft2 ) of Zone 2 of the protected buffers to construct a single family residential home at the subject property as described within your variance request dated October 16, 2003 including additional information dated October 24, 2003 and received by the Division of Water Quality (DWQ) on October 24, 2003. This letter shall act as your 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 only valid 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. For this approval to be valid, you must follow any conditions listed below. Conditions: 1. No Zone 1 Impacts No impacts (except for the proposed replanting and "exempt" uses as Identified within 15A NCAC 26 .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 (WRP) 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 1,762.5 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 Wetlands Restoration Program (WRP) 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 26 .0242, this contribution will satisfy 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 contacted at (919) 733-5208 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 1.762.5 ft2 of required riparian buffer mitigation for Impacts to 1,175 ft2 of protected riparian buffers; 03-04-02, 27-43-(1) river and subbasin." 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) oia 779_17nR 1-1--l 01Q-7"- QQ1A /f-I hff-RhOn nnr efnfn nr its/nrwnt1nnHQ/ Winston Shade Page 2 of 3 November 19, 2003 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, Raleigh, NC, 27699-1650. 5. Violation Abatement Buffer Replanting - An additional condition is that you replant the disturbed areas described to you in a past violation letter from the DWQ and as you proposed within your October 24, 2003 letter with the following modifications. The restoration must include at a minimum 14 native hardwood trees and 37 woody shrubs planted within 50 feet of the stream banks. The "fescue lawn grass" areas depicted on your plans must include some of these woody plants. Other possible locations for these woody plants may be within the "fescue lawn grass areas in the rear (southeast) side of the proposed house. You must ensure the plants survival for a period of a least five (5) years. You are required to replace any of these trees or shrubs that die within this five (5) year period. You are required to provide proof in writing that the trees have been planted within one year of the date of this letter. The proof of plantings shall be submitted to the Wetlands/401 Unit and copied to the Raleigh Regional Office. Stream Stabilization - You are required to lay the streambanks back to at least a 2:1 or flatter slope and to stabilize the banks with vegetation and ground cover. No additional impacts to the streambed may occur without DWQ approval. Wetlands Area - The small wetlands area described to you within a past violation letter from the DWQ shall be planted with woody wetland (hydrophytic) plant species. These plantings may be included within the minimum plantings described above. (Installation and compliance with the conditions required above do not prevent the ability of the Raleigh Regional Office to move forward with potential enforcement actions if they so choose. You should contact the Raleigh Regional Office with any questions concerning the settlement of your violation.) 6. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. 7. No Impacts Beyond the Footprint of the Impacts Depicted in the Approved PCN No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in your application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Winston Shade Page 3 of 3 November 19, 2003 8. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources or delegated local program has released the project. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. 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 letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer Protection Rules [15A NCAC 26 .0233(9)(b)]. Please call Mr. Bob Zarzecki at (919) 733-9726 if you have any questions or require copies of our rules or procedural materials. Sincerely, cc: Heather Keefer, Town of Holly Springs, EngineeN Deborah Edwards, DWQ Raleigh Regional Office File copy Central Files rnm ?),PE, DWQ t., PO Box 8, olly Springs, NC 27540 DW Q031272 November 19, 2003 bz o?o? W AT NORTH CAROLINA DIVISION OF WATER QUALITY Minor Variance Approval SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 26 .0233, Winston Shade has permission as outlined below and within the attached variance approval to impact buffers for the purpose(s) of constructing a house within Zone 2. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached authorization certificate. THIS VARIANCE APPROVAL IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP) DWQ Project No. APPROVAL DATE: LOCATION: COUNTY: BASIN/SUBBASIN: STREAM INDEX NO.: 03-1272 November 19, 2003 Holly Springs Wake 03-04-03 27-43-15-(1) As required by 15A NCAC 213 .0233 and the conditions of the variance approval, 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. 1,762.5 square feet of riparian 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 213 .0242]. If you choose this option, please sign this form and mail it to the WRP 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 WRP. Signature WETLANDS RESTORATION PROGRAM (WRP) NC DIVISION OF WATER QUALITY 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality Date North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mall Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) Q1Q-71.q-17RR (nhonal. 919-733-6893 (fax). hfto://h2o.enr.state.nc.us/nowatiands/ -N?QQeA4" WO „--- It/ ? u3 CURVE TABLE ? URVE LENGTH RADIUS CHORD BEARING CHORD DELTA TANGENT 41- z 76.60 1 4' JE.BJ LAFOY DR < C1 76 95 233.19 N74'1 530*41'21'W 35 36 qn,ni'14" 25.01 u 100' CP&L TRANSMISSION LINE EASEMENT u 4e0 1O ?/? w1Q? /?11??lI VICINITY MAP N T S Afll. EIIp P? S 45.52.10• W 115.47' IP 5 45.5210" W 116.91' IP LaT sss (545'45'39-W 11711') I 0.59 AC. LOT 354 z W 1 1 1 n 2156' W I 26.42 1 m m z d FES z ? a I? o a - A 00 N 1 7 n p 00 2' r 6.00 ? 2 2 DECK $ x ? s 33 W ~ m 50' 2.J3 N N O 1f1 O W I r, ~ 13.6E t t OB 42 i N 00- v O J I? 3 ?? ? t t N 1 t r` 151 C NC MH10 W u r POINT IN \\ n \ \ tt 7 'CTV ?? ? ? \It LEGEND EIP > EXISTING IRON PIPE MH MANHOLE FES FLARED END SECTION CTV CABLE TV PEDESTAL TP TELEPHONE PEDESTAL C/L CENTERLINE R/W = RIGHT OF WAY LOT 656 PROPOSED 0.76 AC TWO STORY BRICK k FRAME HOUSE IMPACT IN ZONE 2 11152 SF LOT 657 19 90' N rn N EXISTING HOUSE ID N fnckf . '1 PIPE v ?" 1 ? Q oG Z Gr*a so O??T 600 , C? NOTES: NOT FOR RECORDING, INFORMATION FOUND CLOSURE(FIELO): >1/10000 . PROPERTY SUBJECT TO ANY EASEMENTS OF RECORD. LOT 655 IS CURRENTLY NOT IMPROVED. BUILDER TO VERIFY ALL HOUSE DIMENSIONS AND BUILDING SE TBACXS. CTVT IP\ O? <? CTV ti -------- ? O w ?T• DRAINAGE EASEMENT QJol/ 4 z? 0 1D 3 Ln .n lp. 10 7'2'0 )r Szo 5-1Z /l,4d e9'lveeo C? /za,& GJ? sKN S/u?c? ly s shy A? 4Z1?4? -= ree?, -/ 115 AJ44,4 4?,? .37- October 24, 2003 Division of Water Quality Attn: Ken Schuster Water Quality Regional Supervisor, RRO Dear Mr. Schuster, WETLANDS/ 401 GROUP 0 C T 2 4 2003 WATER QUALITY SECTION I am writing to respond to the Notice of Violation that I received via certified mail on Thursday October 23, 2003. I would like to summarize the series of events that took place on Lot 655 Sunset Forest(a?,Sunset Ridge S/D. I purchased Lot 655 in February of 2002. The recorded plat (BOM 1994 Page 1099 Wake County) did not show the stream or any wetlands on the building lot. The Deed for the property has no restrictions. I have very limited knowledge of environmental law and policies. I thus had no reason to suspect that the stream would have a setback requirement or that the Neuse River Buffer Rule existed. I decided to build my future home (this house will be my Primary Residence) in the Spring of 2003. I had plans drawn in June of 2003 and applied for a Building Permit on August 21, 2003 through the Town of Holly Springs. I had the lot cleared on August 28th and 29th. I received a letter from Heather Keefer, Environmental Inspector for Holly Springs on Saturday August 30, 2Q03(copy included). I was alarmed, shocked and very concerned to find that I had potentially been in violation of the Neuse River Buffer. That was Labor Day weekend and needless to say it was a very long weekend until Tuesday when I called Heather, my land surveyor and DWQ to find out what was going on. I spoke to Debbie Edwards at DWQ and she explained what the potential violation was. I then had my land surveyor get involved because of their knowledge in this area. I had Lot 655 surveyed prior to lot clearing and was not made aware of a potential conflict with the Neuse River Buffer. Existing residential homes are on either side of Lot 655. My land surveyor Ward and Assoc. called and scheduled Bob Zarzecki to do a site visit on Thursday September 4, 2003. I have met with Bob on site and sought his advice to apply for a Minor Variance, which I did on October 16, 2003, and to plan for Mitigation and Restoration. I did not intentionally violate or disregard the Neuse River Buffer, I did not know about the Buffer until after Lot 655 had been cleared. The summary of events explains why: 1.1 failed to obtain a variance prior to conducting prohibited activities. 2. I failed to obtain 401 Certification prior to impacting a perennial stream. 3. Why vegetation was cleared in Zone I and channelization took place. The stream has not been stabilized as of today. I plan on getting silt fencing and placing it around the stream and planting grass seed. I have not stabilized the steam because I wanted guidance from DWQ. I can perform that task within 2 days. As stated in my Variance request I plan on planting trees and shrubs along the stream bank and to mulch an area along both sides of the stream approx. 10 -15 feet wide to help absorb and diffuse water flow. I will divert rainwater from the house gutters to create the longest path to the stream, keeping in mind the natural topography or slope of the lot. I plan on planting trees in the area around the stream in "Lone 1 along with shrubs and native grasses. The trees will be 2 species of hardwood and be staggered along the stream area. I want to incorporate the restoration into a residential landscape design that fits the neighborhood. (see attached plan) I notified DWQ as soon as I was aware that a potential violation of the Neuse River Buffer existed. I am sorry that the rules of the Ncuse River Buffer were not made to me prior to clearing and impacting. My professional land surveyor did not make me aware of the Buffer and given that residential homes are on either side of the Lot 655 - I had no reason to suspect that an environmental issue could have been involved. In closing - I want to build a home for my family on Lot 655 and I want to work with DWQ to resolve this issue. What happened to cause the violation was bad timing and a lack of knowledge. Sincerely, Winston F. Shade and 'Teresa L. Shade FROM : PHONE NO. : 9193636708 Mar. 20 2000 12:15PM P4 Uec- 13--99 12:53P bryan proper-t yes F' . UZ w O LT Cn i nr_ lJ1 O . • C 115.79' 57 ' PUBLIC ?? 918 4 N 8 • 1 i ' 10215". 7 E 4' 349. 50, A/N OF THREE SUNSET FOREST CIRCLE 126,59• " s r 23' S 83`11'0e- 130. N V' W S 83. 11.02p 651 NSTALLATION OF r r x Q N N rT5 666 667 co " R, OTNEA REQUIRED a F- N 88'48'23" E ALE MANNER AND ATIONS IN THE Im m 155.06' Lj 1 ARANTEES OF THE 152.63' AN AMOUNT AND CU IINGS HAS BEEN - - 3 184.13'27 v N IN THE AMOUNT W 652 r` 665 ticb S'6.3 •411„ A 664 ?w 244 91, E lyl) aye 0 .'?? 653 C'2? ,P ONE OF THREE` S n 5P ?Y s DRAIN v, 0 \ 655 F s? , z ?Q6 o SHOWN HEREON HAS GULATIONS OF THE MOATH CAlloUll OAK COUM Y' -. 'AT THIS PLAT HAS i OF THE TOWN OF 'The fott= = rtifiath y ;....,..,.;.••• ..., THE REGISTER OF WJ•..•'•S?r\ifr,.? r.?.? A.v?:IW?..tn f?',CArre MAR 20 2000 12:16 9193636708 PAGE.04 TOWN OF HOLLY SPRINGS ENGINEERING DEPARTMENT INTEROFFICE MEMORANDUM DATE: AUGUST 28, 2003 TO: RICKY PARSONS, CODE ENFORCEMENT SUPERVISOR FROM: HEATHER V. KEEFER, CFM, ENVIRONMENTAL INSPECTOR RE: SUNSET RIDGE - LOT 655 I have reviewed the building permit application for Lot 655, 4717 Greenpoint Ln., in Sunset Ridge Subdivison. The following information is required prior to issuance of a building permit. The stream appears on page 83 of the 1970 Soil Survey of Wake County and is subject to the Neuse Buffer Regulations. All structures must be 50-foot away from the top of the stream bank. It appears that the structure is within 50-feet from the stream. The building must be located outside of the Neuse Buffer or a map revision must be obtained by the NC Division of Water Quality. Driveway pipe must be sized for the 10-year rain event Provide information for the 100-year backwater, the driveway pipe may need to be increased in size depending on the amount of water backed up on the adjacent property. If you have any questions or comments, please contact me. Thank you, --Heather cc: Winston Shade 4713 Greenpoint Lane, Holly Springs, NC 27540 50085 TOWN OF HOLLY SPRINGS • ENGINEERING DEPARTMENT P.O. BOX 8 HOLLY SPRINGS, NC 27540 (919) 557-3938 • FAX (919) 552-9881 Zane, 'L Re54-&rc-'rod Fl-M/ CURVE TABLE CURVE LENGTH RADIUS CHORD BEARING CHORD DELTA TANGENT Cl 76 95 2J3.19 N7413" 76.60 18'54'23" 3B 83 C2 39.28 25.00 '41' J'W 35.36 1'14" 25.01 16 - iS 4of W t/?- ? ?7 100' CP&L TRANSMISSION LINE E pjc Ik w n ASEMENT T_ EIP S 45'52' 10" W 115.4 7' LqT 655 Z 0. ?9 AC. \ I 1 I s U 3 ? -- I - n --- 6' 25 I W LL I 26 42 - . I ? m m i d "IFES Z < o 00 LOT I a ' d 67 Q1 3514 ? co I 41 2' g 6.00 2 2 DECK I < I 2? I ? ^ n u ? Ln p 33 O N N 2 33 50 I '?1 N ? 1 3.3 X. 43 9' N O N n 0 l I L. r . I ? 13.68 l ? t ., OB 42 t I ry I V ?00--- y p v 1n MHlo ,Fescue ? I +Y I t I k? f 4 151 C INC f \ POINT N 'F\, CTV O,P\ N-Q /J LEGEND EIP EXISTING IRON PIPE MH MANHOLE FES FLARED END SECTION CTV CABLE TV PEDESTAL TP TELEPHONE PEDESTAL C/L = CENTERLINE R/W = RIGHT Or WAY NOTES: NOT FOR RECORDING, INFORMATION FOUND CLOSURE(FIELD): >1/10000. PROPERTY SUBJECT TO ANY EASEMENTS OF RECORD. LOT 655 IS CURRENTLY NOT IMPROVEO. BUILDER TO VERIFY ALL HOUSE DIMENSIONS AND BUILDING SETBACKS TUIC nOnnrl- vv?? . .. ... 8? o l LAFOY OR < !?? 9` c as GREENPOINT LN tin u ?4a`ti a' VICINI TY MAP N. T S S 45'52'10" W 116.91' IP (S45'45'39"W 11711') PROPOSED TWO STORY BRICK k FRAME HOUSE IMPACT IN ZONE 7 11751 SF LOT 656 0.76 AC. LOT 657 19.90' N 01 N N EXISTING HOUSE n v LD N N 3 In E ? µ??L,Jpo? 'f"rGBS .r1 3 V O O a z -I.w?pQ,- ??ol(?, Sl,??,bs ra SSef ti A ye CTV ?p Oo1 Q\i \ T f -?10) C V ------ ---- v . \DRAINAGE EASEMENT Q z? Triage Check List Date: O (1-+'103 Project Name: FILE COPY DWQ#: 03-- ?2Z County: 001LQ-- To: ? ARO Mike Parker ? FRO Ken Averitte ? MRO Alan Johnson RRO From: r Tom Steffens ? WiRO Noelle Lutheran ? WSRO Daryl Lamb Telephone : (919) 3 "q_1 7.( The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: s - (1X N4%A4V`1 LO Q?P41A.?? fr•c?,o aio ?Yfit53 a` r?e?1•-o?-r?1'---" J&:?_ n ¦ tA?ML V"J ? {. dJi .r„ ? 0W4N-e_ Hen /) IN L_ 11 11 Ir"d "RA" OFFICE USE ONLY: Date Received - - State of North Carolina Department of Environment and Natural Resources Division of Water Quality Request # 0812 g s WETLANDS / 401 GROUP Variance Request Form - for Minor Variar"FRIO 2003 Protection and Maintenance of Riparian Areas Rules WATER QUALITY SECTION 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 026 .0259) ? Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 0213.0243) Part 1: General Information (Please include attachments if the room provided is insufficient.) Applicant's name (the corporation, individual, etc. who owns the property): 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: Title: ---Ds???_?/L- -- -------- - ----- --- -- -- - - -- Street address: G^?ce?o'4+t___??sn.t. _ City, State, Zip: Telephone: Fax: ?- a?( -- ----- ----------- - - --- 3. Contact person who can answer questions pbo t the proposed project: Name: -_-_W 0A fns, 90 .1 Telephone: ( 919) 53;) -3o3S __- Fax: (9/ 9) 3o3 '26o2,/ . Email: ---(?7JnS- oOA F. S.4. 60 d?, (? a u?+tza .cow - -- 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agree ents, etc.): "_ _Qes--'Jan?e? 3_nsetX dt _ sue_ 1_/ 16_-37 -SAN rt_ c« ?5 ,sef Version 2: November 2002 5. Project Location: ??____?rp?nf__?? Street address: City, State, Zip: 16A,? Coun : Latitude/longitude. .. 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): Y fQyYL_._ U.5 .-.-.__.i T?/?_:.Yt?. l?u• _`7?1!a r?3 __.. -.. U«r? ..__ _o??`?v .._-???-`??t;??.?s,-..___rv.r-.n e__.i -..LMfcsl?zN??1rc Tr?+ 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B /SS- 0315 (Neuse) or.0316 (Tar-Pamlico)]: ?15?_ 03 - oti- 03 ____77 y,3 71 8. Which of the following permits/approvals will be required or have been received already for this project? Required: Received: Date received: Permit Type: CAMA Major CAMA Minor 401 Certification/404 Permit _?'i... 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 ftz.]: 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: k l`-?l'tvpa?r,?-l?c?/+,r?•?:--??/?, -?`,r?--??fbU.cl/?-r??'?C??_//-•- r??s.7?.. N,?L[.71tp??1b.........tx 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 of existing vegetation, etc.): ije 1 - - ?-",I ?cet}e?s ? ?9 -:f - kvr!-_ ` ra.??cas u+r»mf -r,rs?.? .lv?r?.x_ .S{?c.bs _t?.?.+?r /. r l?BusbY, _s?c?/? 4 Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rulee../ <re?!i - fat Lt2. b?cU?YC- -A rV I ??k.51e K" caZAe-, , (2) How these difficulties or hardships result from conditions that are unique to the property involved. 0 1, rr e, re ,I& (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. ---i{..1 - r- --L.,,-f--- cv?f --w - 5°Uoc o?Fs hps??_or 'lxe _i_12c?Lt?vw? .?o?irR - #,?t__ t,2t,* te- hh?„ r J_ .. _ ?n2s.s. -- cr• n? _ J4- c_ -- rs r? ls?.-.._ Q? Wa5 1'GCUr4ld M3, 71, /A cosT Lor1u5 (o ?i?,c Ba T?- C o,k B r0 v4 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 s ?° ......--. ..... (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. o??-? Signature: Date: -------LO?/?2 3 -- - -- -- --- ------- - Title: 11l?!s! Variance Request Form, page 4 Version 2: November 2000 October 16, 2003 To: North Carolina Department of Water Quality From: Winston Shade - Landowner Lot 655 Sunset Ridge Subdivision Subject: Summary of Actions, Variance Request, Mitigation Proposal, Zone 1 Restoration Plan I am writing this letter to review the activities that took place on Lot 655 in Sunset Ridge Subdivision. I purchased the property in February of 2002. The 1993 recorded plat in Wake County did not show the stream that runs across the front and side of the property. I purchased the Lot with the intent to build my home on it in the future. I started formulating my plans to build a home on the property last spring and had plans drawn in June of this year. I applied for a building permit with the Town of Holly Springs on August 21, 2003. I had the building envelope cleared on the lot on August 28th and 29`'. I received a letter from Holly Springs Code Enforcement on August 30th stating that my permit would not be approved because of a potential Neuse River Buffer violation. I had not heard of the Buffer and the survey company that I used said that they did not bring it to my attention because the stream did not show on the recorded plat that they used to form my plot plan. Needless to say none of the actions that took place were done with any willful disregard for the Rules that DWQ has enacted. I have asked for a Minor Variance to allow me to build on Lot 655. The lot would be virtually unbuildable without a variance and as you can see by the attached Plot Plan. I would like to propose planting 12-13 hardwood trees along the stream border of my existing property as mitigation for the Minor Variance requested. The number of trees is consistent with the 320 trees per acre density that the mitigation rules outline. The number of trees is based on the 1175 square feet of impact in Zone 2 as specified on the Plot Plan and a discussion I had with Bob Zarzecki. The area in Zone 1 that was cleared was not heavily wooded and did not have much undergrowth. I understand the need to prevent water runoff and to diffuse the rainwater as much as possible. I have drawn a plan for restoration that I believe will work to achieve the above-mentioned issues and to give the proposed house a landscape that will be consistent with others in the subdivision. I look forward to hearing from DWQ on my Minor Variance Request and Restoration Plan. I CURVE TABLE CURVE LENGTH RADIUS CHORD BEARING CHORD DELTA TANGENT Cl 76 95 233.19 N74.1 3"E 76.60 1 4' 38.83 C2 39.28 25.00 538.41' 3"W 35 36 90'Ot'1?' 25.01 LOT 354 LEGEND EIP EXISTING IRON PIPE MH MANHOLE FES - FLARED END SECTION CTV - CABLE TV PEDESTAL TP TELEPHONE PEDESTAL C/L = CENTERLINE R/W RIGHT OF WAY 100' CP&L TRANSMISSION LINE EASEMENT NOTES: NOT FOR RECORDING, INFORMATION FOUND. CLOSURE(FIELD): >1/10000. PROPERTY SUBJECT TO ANY EASEMENTS OF RECORD. LOT 655 IS CURRENTLY NOT IMPROVED. BUILDER TO VERIFY ALL HOUSE DIMENSIONS AND BUILDING SETBACKS. rECNP LAFOY OR N z cz Lu n a I U VICINITY MAP CN. 1.S C AG•c')'1 n" III tic nt' CTV N?osF F 'Q? 4ee ?aaV1. THIS PROPERTY )KXJS NO LOCATED IN AN AREA DESIGNATED AS HAVING SPECIAL FLOOD HAZARDS ACCORDING TO FLOOD INSURANCE RATE MAP #37183CO660 E EFFECTIVE DATE: MARCH 3, 1992. LOT 655 BLOCK SECTION l f? ?J i PLAN SUBDIVISION SUNSET FOREST AT SUNSET RID GE PHASE 1A RECORDED IN BOOK OF MAPS 1994 PAGE 1099 WAKE. COUN IY REGISTRY GWK 2003221 SURVEY FOR: THAO?ISAMAP?IS CORREC? THATIFr WI N S T O N S E i A ?? f=_ THE BU GS LIE WHOLLY ON LOT, AND T THERE ARE HOLLY SPRINGS WAKE CO. N.C. ENCROACHMENT 0TH BUILDINGS ON THE SAID LOT, T AS SHOWN SCALE: ON SURVEY. 1 = 40' WARD & ASSOCIATES, PLC DATE: 10/13/03 CIVIL ENGINEERS & SURVEYORS BOOK 111: 250/80 APEX, N.C. (919) 367-7858 Zane I ?e5??o?J T l,A/V CURVE TABLE CURVE LENGTH RADIUS CHORD BEARING CHORD DELTA TANGENT Cl 76.95 2JJ.19 N749 3"E 76.60 1 4' 36.63 C2 39.28 25.00 38'41' }'W 35,36 1'14" 25.01 ?? 100' CP&L TRANSMISSION LINE EASEMENT 16 -I S A1„ -k 9ed(" EIP S 45'52'10" W 115.47' ?-LqT 655 0. ?9 AC. 9 LOT 354 z t tai a z 0 00 (V 00 ? r- a z a w (V d a v 1n i I I I I POINT CTV . 3 1 -- - --- LOT 656 26 42 45.56' PROPOSED 0.76 AC. m . I TWO STORY m BRICK k FRAME HOUSE "IFES z ` I IMPACT IN ZONE 2 = I 11753 SF as as ID I'D I LOT I 7 657 T 41 2 F:? 6.00 J C DECK 2 2? Z I 19.90' L6 j I ^33 w rya . 2J3 50, N I N ,gj ~ -- (V EXISTING HOUSE 143, 9 I ^ 13.66 06 42 ?n e? ? f ASS o I I K a 151 l n ?m ? L4 ? \ N `? \ t O,Q Li MH'o ?\ ` 1 T- ? J ? stir ? ? LEGEND EIP EXISTING IRON PIPE MH MANHOLE FES FLARED END SECTION CTV • CABLE TV PEDESTAL TP . TELEPHONE PEDESTAL C/L CENTERLINE R/W RIGHT OF WAY NOTES: NOT FOR RECORDING, INFORMATION FOUND. CLOSURE(FIELD): >1/10000. PROPERTY SUBJECT TO ANY EASEMENTS OF RECORD. LOT 655 IS CURRENTLY NOT IMPROVED, BUILDER TO VERIFY ALL HOUSE DIMENSIONS AND BUILOINC SETBACKS. v O v z O V1 W d a a N o < LAFOY OR a /,de' GREENPOINT LN z u 0 vu VICINITY MAP (N. T.S.S 45'52'10" W 116.91` IP (545'45'39"W 11711') 0"o -rrGP 5 T..;perl 4, - 901(lr SLIA0$ 3 Ln c Ln 9 ntSSe? ti ?? ? ? P C T T ?? Doi Q? +1 fJ n? Q Q\ CTV ti _ ___------ -----? e.?4O DRAINAGE EASEMENT ,? (? QJ0?'? z? THIS PROPERTY S NO LOCATED IN AN AREA FLOOD INSURANCE RATE MAP a37183CO660 E DESIGNATED EFFECTIVE AS HAVING SPECIAL FLOOD HAZARDS ACCORDING TO DATE: MARCH 3, 1992. O55 BLOCK [ 7 SFCTION _ SUNSET 8DIVISION SU FOREST AT SUNSET RIDGE PHASE 1A P 1-. ()T P'LA N RECORDED IN BOOK OF MAPS 1994 PAGE 1099 WAKE COUNTY REGISTRY GwK 2003221 N,. SURVEY FOR: 50 A A. WARD . HEREBY CERTIFY THA IS MAP 15 CORRECT, THAT THE BU G5 LIE WHOLLY ON LOT, AND T THERE ARE HOLLY SPRINGS ENCROACHMENT 0TH BUILDINGS ON THE SAID LOT, T AS SHOWN ON SURVEY. SCALE. 1 = 40 DATE: 10113103 _ BOOK 1: 250/80 WARD & ASSOCIATES, PLLC CIVIL ENGINEERS & SURVEYORS APEX, N.C. (919) 367-7858 .C. WINSTON SHADE WAKE CO. Bank of America. SoL 1 Q WETLANDS 1401 GROUP OCT 2 4 2003 WATER QUALITY SECTION USA 0 M 10