210 Benwell Court

AAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 15, 2010
Tom Keenan
9009 Albatross Ct.
Raleigh, NC 27613
NBRRO# 10-094
Wake County
BASIN:
® Neuse (15A NCAC 26 .0233) ? Tar-Pamlico 05A NCAC 213 .0259)
? Ephemeral/Intermittent/Perennial Determination ? Isolated Wetland Determination
Project Name:
Location/Directions:
210 Benwell Court
South of Benwell Court, east of the intersection of Benwell Court and
Upchurch Meadow Road
Subject Stream: UT to Crabtree Creek
Date of Determination: 6/10/2010
Feature E/I/P* Not
Subject Subject Start* stop@ Stream
Form Pts. Soil
Survey USGS
To o
A NE X Throughout X

*EII/P = Ephemeral/Intermittent/Perennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
As a result of the site inspection and conversations with you, it is my understanding that you want to put an
addition on the house which would fall within the 50 foot Neuse River Riparian Buffer. You may apply for a
variance in order to construct the house within the buffer and must meet the hardships listed in Section (9) of
this Rule (see attached sheet) in order to qualify for a variance.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the aft.Ith l
rolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
210 Benwell Ct.
Wake County
6/15/10
Page 2 of 2
party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Ian McMillan, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-2260.
If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the
petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. A
petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours.
The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00
pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. The petition may also be
faxed to the attention of the Office of Administrative Hearings at [phone], provided the original and one (1)
copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of
the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary
Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner/future owners should notify the Division of Water Quality (including any other Local, State, and Federal
Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This
project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the
Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers (Raleigh
Regulatory Field Office) at (919)-876-8441.
Respectfully,
Lauren Witherspoon
Environmental Senior Specialist
cc: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
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N??OID??J`?
(9) VARIANCES. Persons who wish to undertake uses designated as prohibited may pursue a variance. The
Division or the appropriate delegated local authority may grant minor variances. The variance request
procedure shall be as follows:
(a) For any variance request, the Division or the delegated local authority shall make a finding of fact
as to whether the following requirements have been met:
(i) There are practical difficulties or unnecessary hardships that prevent compliance with the
strict letter of the riparian buffer protection requirements. Practical difficulties or
unnecessary hardships shall be evaluated in accordance with the following:
(A) If the applicant complies with the provisions of this Rule, he/she can secure no
reasonable return from, nor make reasonable use of, his/her property. Merely
proving that the variance would permit a greater profit from the property shall
not be considered adequate justification for a variance. Moreover, the Division
or delegated local authority shall consider whether the variance is the minimum
possible deviation from the terms of this Rule that shall make reasonable use of
the property possible.
(B) The hardship results from application of this Rule to the property rather than
from other factors such as deed restrictions or other hardship.
(C) The hardship is due to the physical nature of the applicant's property, such as its
size, shape, or topography, which is different from that of neighboring property.
(D) The applicant did not cause the hardship by knowingly or unknowingly violating
this Rule.
(E) The applicant did not purchase the property after the effective date of this Rule,
and then requesting an appeal.
(F) The hardship is unique to the applicant's property, rather than the result of
conditions that are widespread. If other properties are equally subject to the
hardship created in the restriction, then granting a variance would be a special
privilege denied to others, and would not promote equal justice;
(ii) The variance is in harmony with the general purpose and intent of the State's riparian
buffer protection requirements and preserves its spirit; and
(iii) In granting the variance, the public safety and welfare have been assured water quality
has been protected, and substantial justice has been done.
(b) MINOR VARIANCES. A minor variance request pertains to activities that are proposed only to
impact any portion of Zone 2 of the riparian buffer. Minor variance requests shall be reviewed and
approved based on the criteria in Sub-Item (9)(a) of this Rule by the either the Division or the
delegated local authority pursuant to G.S. 153A Article 18, or G.S. 160A-Article 19. The Division
or the delegated local authority may attach conditions to the variance approval that support the
purpose, spirit and intent of the riparian buffer protection program. Requests for appeals of
decisions made by the Division shall be made to the Office of Administrative Hearings. Request
for appeals made by the delegated local authority shall be made to the appropriate Board of
Adjustment under G.S. 160A-388 or G.S. 153A-345.
(c) MAJOR VARIANCES. A major variance request pertains to activities that are proposed to impact
any portion of Zone 1 or any portion of both Zones I and 2 of the riparian buffer. If the Division
or the delegated local authority has determined that a major variance request meets the
requirements in Sub-Item (9)(a) of this Rule, then it shall prepare a preliminary finding and submit
it to the Commission. Preliminary findings on major variance requests shall be reviewed by the
Commission within 90 days after receipt by the Director. Requests for appeals of determinations
that the requirements of Sub-Item (9)(a) of this Rule have not been met shall be made to the Office
of Administrative Hearings for determinations made by the Division or the appropriate Board of
Adjustments under G.S. 160A-388 or G.S. 153A-345 for determinations made by the delegated
local authority. The purpose of the Commission's review is to determine if it agrees that the
requirements in Sub-Item (9)(a) of this Rule have been met. Requests for appeals of decisions
made by the Commission shall be made to the Office of Administrative Hearings. The following
actions shall be taken depending on the Commission's decision on the major variance request:
(i) Upon the Commission's approval, the Division or the delegated local authority shall issue
a 'final decision granting the major variance.
NORTH CAROLINA ADMINISTRATIVE CODE E . Ma 1 2007 Pa ue 63