20061516 Ver 1_COMPLETE FILE_20060918

F WAIF
O?Q 9QG Michael F. Easley, Governor
7 William G. Ross Jr., Secretary
j r North Carolina Department of Environment and Natural Resources
-i
O '< Alan W. Klimek, P.E. Director
Division of Water Quality
September 26, 2006
Mr. Donald Escobal
1032 Randolph Court
Cary, NC 27511
Subject Property: 105 Rosenberry Hills Drive, Wake County, NC
UT to Crabtree Creek [030402, 27-33-(10), C NSW]
DWQ # 06-1516
Wake County
AUTHORIZATION of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A
NCAC 2B.0233(9)(b)] with ADDITIONAL CONDITIONS
Dear Mr. Escobal,
You have our authorization, in accordance with the conditions listed below, to impact 375 (ft) of
Zone 2 of the protected buffers to construct the proposed home on the subject property as described
within your variance request dated September 13, 2006 and received by the Division of Water Quality
(DWQ) on September 18, 2006. This letter shall act as your Minor Variance authorization as described
within 15A NCAC 213 .0233(9)(b). 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.
This authorization is only valid for the purpose and design that you described in your Minor
Variance Request dated September 13, 2006. If you change your project, you must notify us and you may
be required to send us a new request for authorization. If the property is sold, the new owner must be
given a copy of this authorization and is thereby responsible for complying with all conditions. For this
authorization to be valid, you must follow the conditions listed below.
No impacts (except for "exempt" uses as identified within 15A NCAC 213 .0233) shall
occur to Zone 1 of the protected riparian buffers.
2. Stormwater (final plan needed)
The final, written bio-retention plans must be submitted and approved by DWQ prior to
construction. The plans should be submitted to 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. Your plans must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building
is occupied at the subject site. The structural stormwater practices as approved by this
Office as well as drainage patterns must be maintained in perpetuity. No changes to the
structural stormwater practices shall be made without written authorization from the
Division of Water Quality.
Deed Notifications
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Intemet:http://h2o. en r. state. nc. us/ncvvetlands
NothCarolina
J1/j atura!!y
An Equal Opportunity/Affirmative Action Employer-50% Recycledl10% Post Consumer Paper
Donald Escobal Variance
September 26, 2006
Page 2 of 2
Deed notifications or similar mechanisms shall be placed on all retained protective
buffers in order to assure compliance for future buffer impacts. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved for
impact under this Authorization Certificate.
4. Certificate of Completion
Upon completion of all work approved within this Buffer Authorization, the applicant is
required to return the attached certificate of completion to the 401 Oversight/Express
Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
5. Buffer Mitigation (On-site Restoration/Enhancement) - 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 375 square feet as required under this variance
and 15A NCAC 2B .0233. The DWQ has determined that the plantings of trees you
propose will satisfy this mitigation requirement as long as you plant at least 3 trees within
the retained portions of the protected buffers. You must ensure their survival for a period of
at least five (5) years. You are required to replace any of these trees 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. If this mitigation is not acceptable or practicable, then you may
choose to make a payment in to the Riparian Buffer Restoration Fund to compensate for 42
square feet of mitigation as allowed under 15A NCAC 02B .0233. If you choose to make
this payment, please contact the Wetlands/401 Unit at 919-733-1786 for additional
information.
If you do not' accept any of the conditions of this authorization, 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 authorization 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 Amy Chapman at 919-715-6823 if you
have any questions or require copies of our rules or procedural materials.
Sincerely,
gVVU6'.'
r t7 4Z,-.
Alan W. Klimek, P.E., Director
Division of Water Quality
cc: Eric Kulz, DWQ Raleigh Regional Office
File Copy
Central Files
AW K/cbk/asc
File: 061516DonaldEscobal(Wake)Min_VAR

OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources 2 0 0 6 1 5 1 6
Division of Water Quality
Variance Request Fora - 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 0213.0259)
? Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers (15A NCAC 02B.0243)
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):
Donald Escobal. - propective land buyer
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: Donald Escobal
Title: Prospective land buyer
Telephone: j919)_889-3639
Address: 1032 Randolph Court. Carv. NC 27511
Email: [e-mail]
Current owner who I intend to buy the land from is: D
Name: Tucker Beck"
Title: Internet Sales Manager, Orleans Homebuilders SEPU
1'9
Street address: 211 James Jackson Ave 2006
City, State, Zip: Cary, NC 27513 ?ti??`ps,
Telephone: (919)_380-7223 Ext 119 L'asrQ?nc??y
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email: [e-mail]
3. Contact person who can answer questions about the proposed project::
Name: Donald Escobal
Telephone: 90_889-3639
Address 1032 Randolph Court, Cary, NC 27511
Email: [e-mail]
4. Project Name (Subdivision, facility, or establishment name - consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Prospective land buyer for lot at Silver Lake Subdivision
5. Project Location:
Street address:
City, State, Zip:
County:-Wake
Latitude/longitude:
105 Rosenberry Hills Drive
Cary, NC 27513
6. Directions to site from nearest major intersection (Also, attach an 8 1/2 x 11 copy of the USGS
topographic map indicating the location of the site):
From Durham, take 1-40 and exit 285 and turn right on Harrison Blvd. Take a right on Cary
Parkway. Take a left on Rosenberry Hills. The lot will be the first on the left side of the street.
7. Stream to be impacted by the proposed activity: NIA. Body of water is a private pond
Stream name (for unnamed streams label as "UT" to the nearest named stream):
Stream classification [as identified within the Schedule of Classifications 15A NCAC 213 .0315
(Neuse) or.0316 (Tar-Pamlico)]:
8. Which of the following permits/approvals will be required or have been received already for
this project? NA
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 in ft2.]:
Variance Request Form, page 2
\/arcinn 7• Nnvamh,-r 7nnn
I intend to use approximately 375 square feet of the zone 2 buffer.
Please see 2 PDF documents with this application:
1. Survey of land
2. Preliminary plan for home in the land showing use of zone 2 space
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:
The entire lot sits on a riparian buffer. The home that I intend to build following all boundary
specifications will use approximately 375 square feet of zone 2 (see PDF document)
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.):
Only minimal clearing will be used enough to build the home and provide for a backyard.
will use a bioretention area or a rain garden to control the storm water. I will also arrange for
at least four native trees to be planted immediately after the home is constructed, before a
certificate of occupancy is issued.
4. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of this
Rule.
No home can be built on the lot if the rule is strictly applied since the entire lot sits on a
riparian buffer where approximately 35% is on a zone 1 and the rest on zone 2 and 3
(2) How these difficulties or hardships result from conditions that are unique to the property
involved.
The entire property sits on a riparian buffer where approximately 35% is on a zone 1 and
the rest on zone 2 and 3
(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.
If we don't build part of the home in zone 2, 1 will need to use home plans that is either too
narrow or too unconventional. The home will need to be in a concave shape to avoid
encroaching into zone 2. It will be cost prohibitive to customize a concave design home. Also,
this shape of home will most likely not be approved by the Home Owner's Association since
all of the homes in the neighborhood are rectangular in shape.
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:
Variance Request Form, page 3
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Designated agent (individual or firm): Bruce Wyatt. Coldwell Banker HPW
Mailing address: 1130 Kildaire Farm Road, Suite 100
City, State, Zip: Cary, NC 27511
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Addendum: Biostorm retention and tree planting
I will use a bioretention area or a rain garden to control the storm water. I will consult with the
land surveyor as to where to best place the retention area after he or she has thoroughly
evaluated the land.
I will also arrange for at least four native trees to be planted and fertilized within the land after
the home is constructed. The tree type will be maple, and will most likely be located near the
vicinity of the bioretention area. I will consult with the land surveyor as well as where to best
plant the trees. I've temporarily marked proposed tree planting areas in the attached map
subject to finalization.
If the minor variance is approved, I will submit to the NC Department of Water Quality the
plans for both the bioretention area, as well as the tree planting requirement prior to any
clearing activity.
Part 5: Applicant's Certification
I, Donald Escobal (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: September 13, 2006
Title: Prospective land buyer
Variance Request Form, page 4
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84.3 5 feet
Approximate use of Zone 2 = 374.57 sq feet
Donald Escobal Application Sept 2006
Preliminary Plan for 105 Rosenberry Hills Drive
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PREUp,91 MY PLAT OF
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KENN H CLOSE INC.
970 TRINITY ROAD
RALEIGH, 11.C. 27607
PNOtdE (9f.9) 35 f -2J44
FAX (919) CSI-5201
DATE: 70-29-OJ I SCALE 1 = 40'

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