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Home My WebLink About20030050 Ver 1_COMPLETE FILE_20030121O? W AT ?RQG T_ > y February 7, 2003 DWQ # 03-0050 Wake County Page 1 of 2 Wayne Stone 613 W. Gannon Ave. Zebulon, N.C. 27597 Subject Property: Wayne Stone Property, 701 W. Gannon Ave., Zebulon, NC 27597 UT to Little Creek [03-04-07, 27-86-3.7, C NSW (Nutrient Sensitive)] APPROVAL of Neuse River Riparian Buffer Protection Rules MINOR VARIANCE [15A NCAC 2B.0233(9)(b)] with ADDITIONAL CONDITIONS Dear Mr. Stone: You have our approval, in accordance with the conditions listed below, to impact approximately 1,593 ft2 of Zone 2 of the protected buffers to construct a home at the subject property as described within your variance request dated January 17, 2003. This letter shall act as your Minor Variance approval as described within 15A NCAC 2B.0233(9)(b). In addition, you should obtain or otherwise comply with any other required federal, state or local regulations before you proceed with your project including (but not limited to) Erosion and Sediment Control Permits. This approval is only valid for the purpose and design that you described in your Minor Variance Request. If. you. change your project, you must notify us and you maybe required to send us anew request for approval. If the property is sold, the new owner must be given a,copy of:this approval and is thereby responsible for complying with all conditions. -For this approval to be valid, you must follow the,-conditions listed below. Conditions: 1. No impacts (except for "exempt" uses as identified within 15A NCAC 213.0233) shall occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. 2. Protective Fencing The outside Zone 1 buffer boundary approved under this authorization shall be clearly marked by orange fabric fencing for the areas that have been approved to infringe within the buffer prior to any land disturbing activities to ensure compliance with 15A NCAC 213.0233. 3. Diffuse Flow Stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers as identified within 15A NCAC 2B .0233(5). Roof drainage from the new addition shall be directed to vegetated areas at non-erosive velocities prior to entering the protected riparian buffers. No new direct discharges of stormwater (i.e., piping, ditching, etc.) through the buffers is allowed. 4. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this variance approval. Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality 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/ncwetiands/ 1 Page 2of2 i 5. 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 2,390 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 2B.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 Authorization Certificate shall occur. Mr. Ron Ferrell should be contacted at (919) 733-5208 if you have any questions concerning payment into the WRP. You have one month from the date of this approval to make this payment. For accounting purposes, this variance approval authorizes payment into the Riparian Buffer Restoration Fund to compensate for 2,390 ft2 of required riparian buffer mitigation for impacts to 1,593 ft2 of protected riparian buffers; 03-04-07, 27-86-3.7 river and subbasin." 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 2B.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. cc: Danny Williams, Wiliams, Pearce & Assoc., PO Box 892, Zebulan, NC 27597 Steve Mitchell, DWQ Raleigh Regional Office File copy Central Files DWQ 030050 February 7, 2003 bz `NATFR QG Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, PE, Director Division of Water Quality NORTH CAROLINA DIVISION OF WATER QUALITY Minor Variance Approval SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2B .0233 [OR .0259], Mr. Wayne Stone has permission as outlined below and within the attached variance approval to impact buffers for the purpose(s) of constructing a home 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 [OR DELEGATED LOCAL GOVERNMENT] Project No. 03-0050 APPROVAL DATE: February 7, 2003 LOCATION: 701 W. Gannon Ave., Zebulon, NC 27597 COUNTY: Wake BAS I N/SUB BASIN: 03-04-07 STREAM INDEX NO.: 27-86-3.7 As required by 15A NCAC 2B .0233 [OR .0259] 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. 2,390 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 2B .0242 [OR .0260]. 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 Date WETLANDS RESTORATION PROGRAM (WRP) NC DIVISION OF WATER QUALITY 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 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/ncwetiands/ IOFFICE USE ONLY: Date Received Request-_#---,._._ State of North Carolina ( i Department of Environment and Natural Resources f PA 2 1 i' r? Division of Water Quality f j WETLANDS GROUP 1 'MATE OUA LITY SECTION Variance Request Form - for Minor Variances Protection and Maintenance of Riparian Areas Rules NOTE: This form may be photocopied for use as an original. 0 Please identify which Riparian Area (Buffer) Protection Rule applies. :Q Neuse R.iver 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 0213.0243) 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): W n 2. Print Owner/Signing Official (person legally responsible for the property and its compliance) Name: iJayrne 3 tone Title: Owner Street address: 013 W. Gannon Ave. City, State, Zip: Zebu l.o.r?..z........__ C -- - 2 7 5 9 7 ------- Telephone: L2 1 9)_ "__ 2 6 9 - 9 3 17 Fax: ( l 3. Contact person who can answer questions about the proposed project: Name: DannT_Willia.ms Telephone: L919},__ 2-6 9 -_ b_0 5_ _ Fax: ( 919)__269-4354 Email: DOW@WPSurvey- . com 4. Project Name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Version 2: November 2002 . t: 0 -Project Location: Street address: 701 W. Gannon Ave . C State;„,ip: Zebulon, N. C. 27597 County Wake County Latitude/longitude N35 Degrees 49 Mz,nutes13 SecondsTW7$^Degrees_19_Min5lSec. 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): rrQm_th.e_im1 section of US 64 & NC 96,-go south.on_NC 96 to NC 97, turn ri-ght; .,on NC. 97.._,._ go-__0_._95_.ofamile. P.r_ o.perty 7. Stream to be impacted by the proposed activity: Stream name (for unnamed streams label as "UT" to the nearest named stream): "UT" to Little River Stream classification [as identified within the Schedule of Classifications 15A NCAC 2B .0315 (Neuse) or.0316 (Tar-Pamlico)]: 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 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.]: 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: Due to shame & size of property and Town setback reciuirements without -_-_i n f r i n?i n Q on Buffer, the roDertv would have no usable area for building_or Darking,. 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.): __ _All_.runoff will ao_ac??a_y_-___f.rq_m_-'uffer o;_.IE4 1__._be runoff that will. be- non-ergs-ive. Pro e t_y_ -o.wn_e..r_..h_.a-i-? recombined Dart__of ad.joinin_c,.tract to.-_..minimize- _ _.. ncr-2?cl?n?nt on buffers. 4. Please provide an explanation of the following: (1) The practical difficulties or hardships that would result from the strict application of this Rule. Would _.n-ot have _s-Dace for _ bui_ldinR &_park_ ng _wben__buf f ers are aDDlied. (2) How these difficulties or hardships result from conditions that are unique to the property invProperty was bought in 1985. Buffers were not in effect -- Prone rty owner as anne o i in pon at that time. with building fronting NC 97 Hwy., with parking in back ---- -o u i z n c ----- - (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 f -__n o ta_31_oh„ f f P r_.--px_o..p-ems t y-:?zil1_:3a- from useful proper t?__to_n- abl trac_t_-o_f 1 and . 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): _-WiLl_iams_}_..- e-a?c-e.--&.-A _s-QC-----._..__ Mailing address: P.O. Box__892 City, State, Zip: Zebulon N. 27597 Telephone: 919-269-9605 Fax: 919-269-4354 ...._._____. Email: DOW@WPSurvey.. com Part 5: Applicant's Certification Variance Request Form, page 3 Version 2: November 2000 I, .--__Wavne_S tone (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: aq4LILI Date: -- -?_ -- - - - -. ---- - Title: -- OZ?ttc / J --- ------ ------- Variance Request Form, page 4 Version 2: November 2000 f- 7 L AP has ns 30^ f { 4-ti x Y? 11 ? t? t l s WL =mot fj ?i N35'49 20' ` T?r'^,' `r V i/ t •??'+__`'' - w `Y? ...rte ;' k;e s , f / ? s } P ..P I j, r r-wr- ?• f ,f ? ? i ? a w•r r' 1 is f 4el" 3-D SopoQuads Copyright 0 1999 DeLome Yarmouth, HE 04096 Source Data: U= 1 250 ft kale: 1 : 6,400 Detail; 15-0 Datum: NAD27 9 NC n~ J lpOi I Rte, 5 ~~e 44, Off. E ~ 93, 36 3 loo z~~ 8'F S lie o ) ~ Si, p , ss, o s 1 r ~ , q 28. ~ , 3' F f qo j a ~ 1 F ~ _ i f 1 r ~ ~R~ , 97 ~N,~, / i , OSLO ~ r ~ R~ ~ ~ , y 1g ~p A qqK sn ~ ~ , a ~ RF ~ ~ U ~ ~4 ~ ~i A _ ~ 1 ~ ~ 1 tip ~ ~ ~ ~ . ~ o S 60°4/'S . . 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