The URL can be used to link to this page

Home My WebLink About8909 Oxbridge Court RaleighNCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, PE John E Skvarla, III Governor Director Secretary April 23, 2013 Byron and Jessica Trimmer 8909 Oxbndge Ct Raleigh, NC 27613 -1377 Subject: Surface Water Determination Letter NBRRO# 13 -093 Wake County The Raleigh Regional Office of the NC Division of Water Quality/Surface Water Protection Section conducted a site visit at the subject property and is providing the below - listed determination pursuant to your request for a formal surface water determination BASIN ® Neuse (15A NCAC 2B 0233) ❑ Tar - Pamlico (15A NCAC 2B 0259) ❑ Ephemeral /Intermittent/Perennial Determination ❑ Isolated Wetland Determination Project Name 8909 Oxbridge Court, Raleigh, NC 27613 -1377 Location/Directions Subject property is a private residence located at the project address Subject Stream UT to Hare Snipe Creek Date of Determination: April 19, 2013 Feature E/UP* Not Subject Subject Start@ Stop@ Stream Form Pts. Soil Survey USGS To o A X Property Line Property Line X X *E/1 /P = Ephemera l /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 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 affected party (including downstream and /or adjacent owners) is notified of this letter. A request for a determination by the North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Internet www ncwaterquality org 1628 Mail Service Center Raleigh, NC 27699 -1628 An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper No ` Carolina Niurally Phone (919) 791 -4200 Customer Service FAX (919) 571 -4718 1- 877 - 623 -6748 8909 Oxbridge Court Wake County April 23, 2013 Page 2 of 2 Director shall be referred to the Director in writing c/o Ian McMillan, DWQ Wetlands /401 Unit, 1650 Mail Service Center, Raleigh NC 27699 -1650. 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 (919) 733 -3478, 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)- 807 -6301, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919) - 544 -4884. esp ctfully, G f2.- 4 1 Danny S th Raleigh Regional Office Supervisor cc Wetlands/ Stormwater Branch, 1650 Mail Service Center, Raleigh NC 27699 -1650 RRO /SWP File Copy ` 1W'� Tf /? , ,` / j�� 1 y�,li� '�•-'ti �t� w ,1 r T -F _ "�s-`� � rf �' - G�,,, � c \.K,'�. �} `�'��.'.�'+ � • � t � ' , �►' �� i� ± ykS '� .' � 5�'� i � r ��3 � - a�4 � i a} iti �' �"�" • � c - � � ' ti•, •.+.�:,_t; ' � � i, - -- ��y -W �. �� r�� `�r"' .T `� �/ 9 � y i��.V fit' t "' .:� -T�ta l °- ^�?'•� -- „� �'ri,� -L:.i. r"1� 'L 11,E ~ 'lit r'" k jz In ' �� =`k`t �t.,.� � �`�. 4•.'V `"` ..� y '4 `� ��L't� i �� ~L � �y1:.G.'T J,�� ij��'�i �� }� a�� *2 t ` . 1+J %!`ji r7 yt t r S{ L �h, ter. � z � � may. t � 'Si •. .h/ i• i j/� r --;'(' !Ir f t ��.♦ �3 / � ' 1 ice• i s °y.� �,. '" _" � + . F' f. � r ! l f { �! �)) ��r:,�'�� \``fit' �� /5•�O��w -��14, ,�. .y1 ��ffi('� �1 j',S LN ON zm- t �T' ANt t fir .' / •� v OINA .dl t.''�♦Sl� r"S�'"i sl!^771r i. �� 13' 1`r!�i.i \�• i� Attached web sites and Mayor Variance application are provided for your consideration and review http / /portal ncdenr ore/ web /wq /swp /ws /401 /riparianbuffers http //portal.ncdenr ore/ web /wq /swp /ws/ 401 /riparianbuffers /authorizations variances #Variance Please do not hesitate to call Cherri Smith (919) 791 -4251 or myself at (919) 791 -4252 if you have any questions Danny Smith, Supervisor Division of Water Quality Raleigh Regional Office Surface Water Protection Section (919) 791 -4252 Danny Smith @ncdenr gov Am& NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakdd, P E Dee Freeman Governor Director Secretary Variance Request Form (For Minor and Major Variances) Protection and Maintenance of Riparian Areas Rules NOTE This form may be photocopied for use as an original Check the appropriate box below: ❑ Major Variance ❑ Minor Variance Please identify which Riparian Area Protection Rule applies (Note -this must be one of North Carolina's four buffered river basins The River Bain map is available at h_ptt //h2o enr state nc us /admin/maps/ ) ❑ 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) 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) 2 Print owner /Signing official (person legally responsible for the property and its compliance) Name Title Street address City, State, Zip Telephone �) Fax 3 Contact person who can answer questions about the proposed project Version 6 July 2009 Name Telephone �) Fax �) Email 4 Project name (Subdivision, facility, or establishment name - consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc ) 5 Project location Street address City, State, Zip County Latitude /longitude 6 Date property was purchased 7. Directions to site from nearest mayor intersection (Attach an 8 % x 11 copy of the USGS topographic map indicating the location of the site) 8 Stream to be impacted by the proposed activity Stream name (for unnamed streams label as "UT" to the nearest named stream) 9 Which of the following permits /approvals will be required or have been received already for this project9 Required Received Date received Permit Type CAMA Mayor CAMA Minor 401 Certification/404 Permit On -site Wastewater Permit NPDES Permit (including stormwater) Non - discharge Permit Water Supply Watershed Variance Erosion/Sedimentation Control 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 in Adobe (pdf) format) 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 Version 6 July 2009 2 Fill in the table below to identify the square footage of impact to Zones 1 & 2 in the protected riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if mitigation is not required): *Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation, Zone 2 extends an additional 20 feet from the edge of Zone 1 3 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 4 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 ) 5 Please provide an explanation of the following (1) The practical difficulties or hardships that would result from the strict application of this Rule. (2) How these difficulties or hardships result from conditions that are unique to the property involved Variance Request Form, page 3 Version 6 July 2009 Buffer Impact Zone of Impact in Number Purpose for Multiplier Required Impact Square Feet (Indicate on the Impact Mitigation Plan Sheet Zone 1 3 Zone 2 1 5 Total *Zone 1 extends out 30 feet perpendicular from the most landward limit of the top of bank or the rooted herbaceous vegetation, Zone 2 extends an additional 20 feet from the edge of Zone 1 3 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 4 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 ) 5 Please provide an explanation of the following (1) The practical difficulties or hardships that would result from the strict application of this Rule. (2) How these difficulties or hardships result from conditions that are unique to the property involved Variance Request Form, page 3 Version 6 July 2009 (3) If economic hardship is the mayor 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: Stormwater 1 Provide a description of all best management practices (BMPs) that will be used to control nutrients and sedimentation impacts associated with the proposed activity Please ensure to include all applicable operation & maintenance agreements and worksheets for the proposed BMPs Also, include the BMPs on your plan sheets 2 Attach a description of how diffuse flow will be maintained through the protected riparian buffers Please ensure to include all applicable operation & maintenance agreements and worksheets for the proposed diffuse flow measure(s) Also, include the diffuse flow measure(s) on your plan sheets 3 What will be the annual nitrogen load contributed by this site after development in pounds per acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)9 Attach a detailed plan for all proposed structural stormwater BMPs Drainage Size of Post - development BMP nitrogen Final Final basin drainage nitrogen 6 loading removal nitrogen nitrogen6 basin rate without BMPs' efficiencys loading rate loading (ac) (lbs/ac/yr) NO (lbs/ac/yr) from drainage basin lbs 1 2 3 4 S 7� 1 +:Totals: ix E a�-- -= , ;� ,�_Zy r. X2.1 �+ p�fx �,3.k k t b'iii J� — e s�X .. u. -- n r/•wJS_ 7-- - -- ' =�—�— A _ 1 at -•�`- --- %`,';'� '- ;^'»u;.:f, =}sit i. �l� ' Attach calculations and references s Attach calculations and references 6 Include Phosphorus in the Tar - Pamlico Basin 4 Attach all applicable supplement form(s) and Inspection and Maintenance (I &M) Form(s) to this completed application The applicable supplemental form(s) and I &M form(s) for the proposed BMPs noted in your application can be downloaded from the following website http //h2o enr state nc us /su/bmp forms htm Variance Request Form page 4 Version 6 July 2009 Part 4: Proposed Impacts and Mitigation Provide a description of how mitigation will be achieved at your site pursuant to 15A NCAC 2B 0242 for the Neuse Basin and 15A NCAC 2B 060 for the Tar - Pamlico Basin If buffer restoration is the method you are requesting, be sure to include a detailed planting plan to include plant type, date of plantings, the date of the one -time fertilization in the protected riparian buffers and a plan sheet showing the proposed location of the plantings A guide to buffer restoration can be downloaded at the following website http: / /www.nceep.net/news /reports /buffers.vdf If payment into a buffer restoration fund is how you plan to achieve your mitigation requirement, then include an acceptance letter from the mitigation bank you propose to use stating they have the mitigation credits available for the mitigation requested Part 5: Deed Restrictions By your signature in Part 6 of this application, you certify that all structural stormwater BMPs 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 6: Applicant's Certification I, (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 Part 7: Plan Sheets Be sure to include a copy of all of your completed application form, plan sheets and maps in Adobe (pdf) format on a CD or floppy disk Variance Request Form, page 5 Version 6 July 2009 Part 8: Checklist A complete application submittal consists of the following components Incomplete submittals will be returned to the applicant The complete variance request submittal must be received 90 days prior to the EMC meeting at which you wish the request to be heard Initial below to indicate that the necessary information has been provided Applicant's Item Initials • Original and two copies of the Variance Request Form and the attachments listed below • A vicinity map of the project (see Part 1, Item 5) • Narrative demonstration of the need for a variance (see Part 2) • A detailed narrative description of stormwater treatment/management (see Part 4) • Calculations supporting nitrogen (phosphorus in the Tar - Pamlico Basin) loading estimates (see Part 4) • Calculations and references supporting nitrogen (phosphorus in the Tar - Pamlico Basin) removal from proposed BMPs (see Part 4) • Location and details for all proposed structural stormwater BMPs (see Part 4) • Three copies of the applicable Supplement Form(s) and I &M Form(s) for each BMP and/or narrative for each innovative BMP (see Part 4) • Three copies of plans and specifications, including 0 Development/Project name 0 Engineer and firm 0 Legend and north arrow 0 Scale (1" = 50' is preferred) 0 Revision number & date 0 Mean high water line (if applicable) 0 Dimensioned property/project boundary 0 Location map with named streets or NC State Road numbers 0 Original contours, proposed contours, spot elevations, finished floor elevations 0 Details of roads, parking, cul -de -sacs, sidewalks, and curb and gutter 0 Footprint of any proposed buildings or other structures 0 Wetlands delineated, or a note on plans that none exist 0 Existing drainage (including off - site), drainage easements, pipe sizes, runoff calculations 0 Drainage basins delineated 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries 0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries Variance Request Foram, page 6 Version 6 July 2009