20041699 Ver 1_Complete File_20070831

Certification ok Completion
DWQ Project Nth:. 0; -l ?G County: Vl kP AU G 2 2005
DENR - WATER QUALITY
Applic nth ?J d ?! ? ?Il f le/" WETLANDS AND sTORMWAfEs BRANCH
Project Name: t_l &I /'l l?O tr/2 y
Date of Issuance of Isolated Wetland Permit: J U1 U 2 Q?
Certificate of Completion
Upon cojmpleti n of all work approved within the 401 'Water Quality Certification and. Buffer Rules, and any
----wbse i no IY Z ons; t1 apPlicatlt i? rewired thine; 'ficate to the 401/Wetlands Unit, North Carolina
Division of Waer,Quality, 1650'Mail service Center, Rale gh, NC, 27699-1650'. This form may be returne to y
the applicant, tl?e applicant's authorized agent, or the proleet engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I. h n J v f /e ?? , hereby state that, to the best of my abilities, due care and diligence was
use the servation of the construction such that the construction was observed to be built within substantial
co li nce dintent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other sup' oiting ma pals. I
Sig?ature: 4.4 ? 'Date:
122Is-
A e is C' rtification
I, , hereby state that, to the best of my abilities, due care and diligence was
us 0d in the observation of the construction such that the construction was observed to be built within substantial
compliance nd intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
S .9 ture: Date:
't isip ject was designed by a Certified ?rofessional
X, his a duly registered Professional (i.e., Engineer,
?andscape Architect, Surveyor, etc.) in the State of jNorth Carolina, having been authorized to observe (periodically,
e kly, f l time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
in dirge ce was used in the observation of the construction such that the construction was observed to be built' within
u star ti compliance and intent of the 401 Water l Quality Certification and Buffer Rules, the approved plans and
sp cificat ons, and other supporting materials.
Si nature Registration No. Date
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O rFjQQ Michael F. Easley, Governor
?? WA
{ William G. Ross Jr., Secretary
F" North Carolina Department of Environment and Natural Resources
(O: 'C Alan W. IUimek, P.E. Director
Division of Water Quality
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July 18, 2005
DWQ Project # 04-1699
I County: Wake
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4 1 Well,
1 0 Mal
2 21 Cra
Phone:
An Equal
UT to Southeast Prong $eaverdam Creek [03-04-02,27-33-15-2, C NSW]
AP , ROVAL of Neuse River Buffer Rule (15ANCAC 02B.0233) Authorization Certificate
)?e Mr. Butler:
Yo I have.our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to
im act approximately 637 ft2 of Zone 1 and 30?1 ft2 of Zone 2 of the protected riparian buffers for the
p ose of constructing the driveway at the subject property a 'described within your application dated
Maly 13, 2005 and additional information submitted and received by the Division of Water Quality on
J e 16, 2005 and July 18, 2005. This approval, replaces the approval dated November 22, 2004. In
ad, ition, you should obtain or otherwise comply with any other required federal, state or local permits
be re you go ahead with your project including (but not limited to) Erosion and Sediment Control,.Non-
di barge regulations.
s .approval is for the purpose and design that you described in your application. If you change your
pr ject, you must notify us and you may be required to send us a new application. If the property is sold,
th new owner must be given a copy of this authorization and approval letter and is thereby responsible
fo complying with all conditions. This approval requires you to follow the conditions listed below.
T e Additional Conditions of the Certification are:
1. :Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
John; J Butler
518 Boylan Avenue
Ral? gh, NC 27603
Subject Property: Butler Property PIN 1No. 0794846749 Fairall Drive Raleigh NC
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).
NOne C
Certilloation Unit
rice Center, Raleigh, North Carolina 27699-1650
Boulevard, Suite 250, Raleigh, Nprth Carolina 27604
33.1786 / FAX [phone] / Internet: httr)://h2o.enr.state.nc.us/ncwetlands
ortunity/Affirmative Action Employer - 50%a Recycled/10% Post Consumer Paper
Amount Approved
nits Plan Location or Reference
Buffers 942 s u eft. Ma 7/18/05
aro ma
atura &
John J. Butler
Page 2 of 3
7/18/05
Upon completion of all work approved within this authorization, 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.
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4. uffer Mitigation (EEP)
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You are required to mitigate for impacts to the protected riparian buffers. The required area of
E mitigation to compensate for impacts to the protected riparian buffers is 2,369 square feet (637 x
3 1,911 & 305 x 1.5 = 458) as required under this variance approval and 15A NCAC 2B .0242.
l We understand that you wish to make a payment into the Riparian Buffer Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) 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 requiremeiats under 15ANCAC 2B .0233(9)(C). Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program
! Office), no impacts specified in this variance approval, shall occur. The EEP should be contacted
at [phone] if you have any questions concerning payment into the Riparian Buffer
Restoration Fund. For accounting purposes, this variance approval authorizes payment into
tie Riparian Buffer Restoration Fund to compensate for 2.369 ftz of required riparian
buffer mitigation for impacts to 942 of protected riparian buffers; 03-04-02 river and
su, 27-33-15-2 stream index number."
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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.
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5. Protective Fencing
The outside buffer boundary and along the construction corridor within these boundaries
approved under this authorization shall be clearly marked with orange warning fencing (or similar
high visibility material) 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.
6. No Impacts to Zone I
No additional impacts shall occur to Zone 1 of the protected riparian buffers (except for uses and
activities designated as "exempt" within 15A NCAC 02B .023 3), unless otherwise approved by
the DWQ.
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y disputes: over determinations regarding this Authorization Certificate (associated with the approved
I uffer iri pacts) shall b& referred in writing t' the Director for a decision. The Director's decision is
ubject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall
xpire five (5) years from the date of this letter.
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i John J. Butler
Page 3 of 3
7/18/05
This 1 tter completes the review of the "No Practical Alternatives" determination under 15A NCAC 213
.0233 If you have any questions or would like a copy of the buffer rules, please call [phone].
This eater does not authorize, any impacts to either Waters of the United States or Waters of the State.
Pleas contact the US Army Corps of Engineers ([JSACE) or NC Division of Water Quality (DWQ) if
any i pacts are proposed to either of these waters.
Sincerely,
c
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&iiiii, P.E.
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A dae
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Enc osures: Certificate of Completion
EEP Notification
cc: Mike Horan, DWQ Raleigh Regional Office
lei 0
Central Files
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Filename: 041699ButlerProperty(Wake)NBR
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A Tp Michael F. Easley, Governor
William G. Ross Jr., Secretary
r' North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, RE. Director
Division of Watet Quality
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North Carolina Division of Water Quality
401 Watei± Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
t
? In al cordance with 15A NCAC 2B .0242, John Butler has permission as outlined below to impact
pro, cted Riparian Buffers for the purpose(s) of constructing the proposed driveway in Wake County. All
acti' ities associated with these authorized impacts must be conducted with the conditions listed in the
atta hed certification transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE
A j ACHMENTS.
CO PENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DATE: July 18, 2005
LO ATION: PIN No. 0794846749
DV' Q PROJECT NO: 04-1699
C UNTY Wake
B SIN/ SUB BASIN Basin: 03-04-02/Stream index: 27-33-15-2
As required by :15A NCAO 2B .0233(9), you are required to compensate for the above impacts through
'th restoration or enhancement of buffers as outlined below prior,to conducting any activities that impact
on egrade the waters of the state.
pacts:
9 2 Square feet of Riparian Buffers
itigation:
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2; 69 Square feet of Riparian Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the
p?yment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please
sgn this form and mail it along with a copy of your Buffer Approval to the Ecosystem Enhancement
P ogram at the address below. An invoice for the appropriate amount of payment will be sent to you
I on receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL
QU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE
COSYTEM;ENHANCMENT PROGRAM.
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Signature Date
ECOSYSTEM,' ENHANCEMENT PROGRAM
152, Mail Service Center
RALEIGH, N.C. 27669-1652
[phone]
None ffijCaroina
401 Wetlan s Certification Unit tllrally
1650 Mail S rvice Center, Raleigh, North Carolina 27699.1650
2321 Crabtr a Boulevard, Suite 250, Raleigh, North Carolina 27604
i Phone: [phone]/ FAX [phone]/ Internet: htto://h2o.enr.state.nc.us/ncwetlands
n Equal Q portunity/Affirmative Action Employer - 500% Recycled/10% Post Consumer Paper
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imap://[e-mail]:143/...
Subject: airall Drive Variance Amendment
,rom: "B tier, Jay" <[e-mail]>
Pa e: Mo 18 Jul 2005 10:04:24 -0400
o "Deb ie Edwards" <debbie,[e-mail]>
• "Or e Evans" <[e-mail]>
ebbi e ,
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Per ur conversation on Thursday, attached is the revised map with
ecalcu ated buffer impact numbers. Note that we save on total square
foptage impact by following the arborist'is recommendation of putting
do mu ch on the side of the driveway rather than grading 3 feet on the
si an planting that in grass. I assume this is all you need to
Ipr cesslthe amendment. Let me know if there is anything else you need.
Jay
<SFXD6.pdf>>
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1 0 11
7/18/2005 5:14 P
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JOHN J.
BUTLER &
GM CE R. VA N%9
Q DEED BOOK 10904, PAGE 1 I
BOOK 0 MAPS 2064, PAGE''
(P/N,'.• 0794.16-84-5993)
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Tree>: tter ! imap://[e-mail]:143/...
Subject; I X: Tree Letter
From: "Butler, Jay" <[e-mail]>
Date: Thu, 16 Jun 200514:19:05 -0400
To: "'Debbie Edwards"' <debbie.edwards@ncmail.r}et>
CC:; "'Gra e Evans"' <[e-mail]>
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Debbie,
,'H re is
t at we ;v
e put 1
el . No,
apps
it closer
roperty 1
Is this let
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le letter the arborist sent me. I waited to send;it along until the contractor went out there and could tell me
ld build the driveway as suggested, without cutting to subsoil but instead using a base of stone. We would
Dt'extile fabric on top of the 4" stone base andbuild the driveway over that. He indicated that would work
that the arborist suggests we use heavy mulch instead of a grass border to spread and filter runoff. That
ntly, be better for the tree roots. In going over this with the contractor, it looked as if the trees were all a
Fairall drive than shown in the drawing. The result is that we would bring the driveway back to the
undary sooner than shown on the map we submitted. Should we submit a new map with that reflected?
. sufficient for the modification?
A Message -----
?1V1 [mailto:meilleur704;'Sna earthlink.net?
ty, June 10, 2005 4:28 PM
Jay
,[e-mail]
ree Letter
letter you requested, jwith my invoice. I'd prefer prompt payment, please.
eur
7/18/2005 5:15 V
Better Tree Care Associates
www.bettertreecare.com
P.O. Box 1287, Apex NC 27502
(919) 3877045
Email: [e-mail]
On June 1 I received a drawing and the following message from Jay Butler: "We have actually
already tal ed to an arborist who came on to the site, and he was the one who suggested the revised
route though I do not think he has seen the drawing'. ... We are going to have the arborist review the
drawing and give us a letter stating his opinion on whether the tress we are proposing to save will
survive the driveway construction as shown on thedrawing."
OBSERVATIONS
i?hout visiting the site, I cannot attest to the precise locations of the trees and the proposed
ri?eway but the drawing roughly agrees with my,' recollection. Two trees labeled "sycamore" are
actlually eetgum, Liquidambor styraciflua. Thi is significant because sweetgums tolerate
;disturbance better. Meandering the driveway around the hardwoods as shown in the drawing and
he driveway above grade will protect the tree root systems. This option would site the
'building h
i drivewa? closer to the creek but would do more to preserve water quality. The technology for raising
th' driv way is simple; for instance, "A separation between roots and infrastructure may be established
b d ' o? iting large-diameter gravel on the soil surface, with pavement placed over it" (Reducing
astr cture Damage by Tree Roots: A Compendium of Strategies, p. 29).
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The am unt of excavation and the degree of compaction can be minimized by several methods, such as
the use f geotextile fabric and reinforcing the paving material so less compaction is required. "The
pavem nt will be higher than the surrounding grade ... mulch can be placed on the soil surface to meet
the gra e of the pavement." (Trees and Development: A Technical Guide to Preservation of Trees
urin ' Land Development, p. 101). If this driveway is built by the conventional scrape-to-subsoil
etho , then Mr. Dorney's concerns would definitely apply.
MENDATIONS
?EC;'
This d 'veway should follow the proposed meandering path around the hardwoods, following
speci cations derived from the manuals listed above. The depressions should be piped to allow
drain ge, and extra reinforcement will be needed near the 30" Liriodendron or tuliptree (called
64, 1 r" in the drawing) to avoid root disturbance and soil compaction. This species is more sensitive,
soth'' tree will require the greatest care. The driveway should be bordered by coarse shredded mulch.
The st of the root area should be weeded ano mulched, and disturbed as little as possible. This will
requi a cooperation from the owners of the adjacent property, which is shaded by these trees. The
proj ct should be carried out by qualified contractors and overseen adequately by an experienced
cons ltant. Then and only then will the trees have a high probability of surviving construction.
Guy Meilleur, ISA Board-Certified Master Arborist
Bett r Tree Care Associates
ASSUMPTIONS AND LIMITING CONDITIONS
1. Any legal description provided to the consultant/appraiser is assumed to be
correct.' Any titles and ownerships to any property are assumed to be good and
marketab e. No responsibility is assumed for matters legal in character. Any and
aj11 property is appraised;.or evaluated asjthough free and clear, under responsible
ownershi and competent management.
2. It is assumed that any property is Mot in violation of any applicable codes,
ordinances, statutes, or other governmental regulations.
3. Care has been taken to obtain all information from reliable sources. All
ata ha been verified insofar as possible; however, the consultant/appraiser can
e therjguarantee nor be responsible for;the accuracy of information provided by
t erS.
1. T e consultant/appraiser shall notl be required to give testimony or to
attend 'ourt by reason of this report unless subsequent contractual arrangements
;are mad including payment of an additional fee for such services as described in
ithe fee schedule and contract of engagement.
!5 oss or alteration of any part of this part of this report invalidates the
e tirelreport.
16 ossession'.of this report or a copy thereof does not imply right of
p blic tion or use for any purpose by any other than the person to whom it is
addres ed, without the prior express w?itten or verbal consent of the
consul ant/appraiser.
7. either all nor any part of the Contents of this report, nor copy thereof,
shall e conveyed by anyone, including,:the client, to the public through
?dver ising, public relations, news, sales or other media, without the prior
xp;r sed written or verbal consent of,the consultant/appraiser -- particularly as
ue conclusions, identity of the Consultant/appraiser, or any reference to
inoyyva
p ofessional society or institute or to any initialed designation conferred
;pon he consultant/appraiser as stated in his qualifications.
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8. This report and any values expressed herein represent the opinion of the
consultant/appraiser, and the consultAnt's/ appraiser's fee is in no way
'Conti gent upon the reporting of a specified value, a stipulated result, the
occu rence of a subsequent event, nor'upon any finding to be reported.
I 9. Sketches;, diagrams, graphs, andlphotographs in this report, being intended
asv s,ual aids;, are not necessarily to scale and should not be construed as
engi eering or architectural reports jor surveys.
10. Unless expressed otherwise: 1),'information contained in this report covers
only those items that were examined and reflects the condition of hose items at
the time of inspection; and 2) the inspection is limited to visual examination of
acc ssible items without dissection,; excavation, probing, or coring. There is no
wari anty or guarantee,!expressed or implied, that problems or deficiencies of the plants or
i pro erty in question may not arise in the future.
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
4 10 We?lai
1 0 Mail
2 1 Crab
Pine: ' 91
An Equal
John
518
Ralei
Subj4
Appi
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De
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Butler
November 22, 2004
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1699
Wake County
Page 1 of 2
Boylan Avenue
h, NC 27603
t Property: Butler Property, PIN No. 0794846749, Fairall Drive, Raleigh, NC
UT to Southeast Prong > eaverdam Creek [03-04-02, 27-33-15-2, C NSW]
val of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B
))(b)l
'Mr. Butler:
have our approval, in accordance with the
feet (ft2) of Zone 2 of the protected buf.
truct a vegetative filter:'strip at the subject
ber 18, 2004 and received by the Division
l act as your Minor Variance approval as d
approval, you should obtain or otherwise c
is before you go ahead with your project
itrol regulations. This minor variance appr( 11 ember 2, 2009.
s approval is for the purpose and design tha
ect, you must notify us and you may be re
1, the new owner(s) must be given a cop
iplying with all conditions. This approva
Additional Conditions of the CertificatJ
1. No Zone 1 Impao?ts - No impacts (exc I
.0233) shall occur to Zone 1 of the pr
DWQ. No impervious surfaces shall
DWQ
nditions listed below, to impact approximately 990
to constructs driveway and 365 ft2 of Zone 2 to
perty as descz-bed within your variance request dated
Water Quality?DWQ) on October 19, 2004. This letter
ribed within 15A NCAC 2B .0233(9)(b). In addition to
ply with any other required federal, state or local
luding (but not limited to) Erosion and Sediment
shall expire five (5) years from the date of this letter or
t you described in your application. If you change your
ciuvred to send us a new application. If the property is
y of this variance approval and is thereby responsible for
t requires you to follow any conditions listed below.
are:
t "exempt" uses as identified within 15A NCAC 2B
cted riparian buffers unless otherwise approved by the
added to Zone 1, unless otherwise approved by the
2. 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 identi?ed within 15A NCAC 2B .0233(5).
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3. Protective Fencing - The outside buffer boundary and along the construction corridor within this
boundary approved under this vanapce approval shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer. This fencing shall be installed prior to any land disturbing activities to ensure
o
NCarolip a
Certifloation Unit NaWruf[y
rice Center Raleigh, North Carolina 27699-1650
Soulevard Suite 250, Raleigh, Nprth Carolina 27604
33-1786 / PAX 919-733-6893 / Iniernet: htt :/ h2o.enr. tat .nc.us ncwetiand
)rtunity/Affirmative Action Employer - 500% Recycled/100/6 Post onsumer Paper
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John J. Butler
Page 2 of 2
November' 22, 2004
compliance with 15A NCAC 2B ;0233 and this, ariance approval. The protective fencing should
be removed once construction is complete. A p operly installed silt fence along the Zone 1 /
Zone 2 buffer boundary line prior` to and during' onstruction, shall satisfy this condition.
3. Certificate of Completion - Upon completion of 11 work approved within the 401 Water Quality
Certification or applicable Buffer Rules, and an' subsequent modifications, the applicant is
required to return the attached certificate of com letion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service C' nter, Raleigh, NC, 27699-1650.
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 ma' ask for and adjudicatory hearing.; You must act
within 60 days of the date that you receive this letter. To sk for a hearing, send a written petition which
conforms to Chapter 150B of the North Carolina General 'tatutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27699-, 714. This approval and.its conditions are final
and binding unless you ask for a hearing. This Minor Var ance Approval shall expire' five (5) years from
the date of this letter.
This letter completes the review of the Division of Water uality 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 proved al materials.
Si cer?y,
Al W. Klimek, P.E.
AWKICBMz
Enclosures: Certificate of Completion
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
File: 04-1699
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October 19, 2004
John J. Butler and Grace R. Evans
518 S. Boylan Ave.
Raleigh, NC 27603 OCT 1 9 2004
VIA HAND DELIVERY
DENR -WATER QUALITY
YVETLANDS AND AM MWAT?R BRANCH
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be Zarzecki
rt Carolina Department of Environment
atural Resources
-i; ion of Water Quality
e gh, North Carolina
Mr. iZarzecki:
Enclosed is the original and two copies of a variance request form for a minor variance
the Neuse River Buffer Rules to allow us to put in a residential driveway on our lot on
r, 11 Drive. Accompanying this are three plats showing the buffer area, the driveway, and the
management practices to prevent stormwater runoff from the driveway from streaming into
uffer. Finally, I enclose a USGS map with the area marked where our lot is.
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When I bought the lot, I believed that the drainage ditch; on the property which originates
a stormwater outfall pipe one block above our property and was dry when we purchased the
erty was an ephemeral stormwater drainage ditch not covered by the rules. I have since
ned that it meets the criteria of a "strearra" and is covered by the rules. The only access to the
and (non buffer) portion of the lot is by a driveway over zone 2 of the buffer. I note that this
ieway would go from one non buffer area (the road) to another and would take up far less of
buffer than the 2500Isquare feet of driveway crossing a stream which is exempt from the
fer rules. (It would be possible to const?uct the driveway to cross the stream at the bottom of
lot along the road, but that would be more expensive and would disturb far more of the buffer
n though that would appear to be exempt from the rule.)
Please call me on my cell phone at 618-3057 or at my office at 890-4144 if you have any
stions,or if I need to provide more information. We look forward to your prompt response to
request. Thank yogi for your attentions
j Sincerely,
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J. Butler
rt
OFFIC USE ONLY: Date
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Va, lance Request Fora
Pro 7 ction and Maintenance of Riper
NOT: This form maybe photocopied for use asa
awl ?
OCT 1 9 2004
WETWO AND STOORMNATER BNANCM
- for Minor Variances
an Areas Rules
original.
Ple se identify which Riparian Areal (Buffer) Protection Rule applies
x 4 use River Basin': Nutrient Sen itive Waters Management Strategy
Pr tection and Maintenance of Riparian Areas Rule (15A NCAC 02B
.02 3)
o ar-Pamlico River Basin: Nutrient Sensitive Waters Management
trategy Protection and Maintenance of Riparian Areas Rule (15A
INCAC 02B.0259)
d ! Catawba' River Basin: Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B .0243)
P rt 1: General Information
(! ease include attachments if the room provided is insufficient.)
1.I Applicant's name (thee corporation, individual, etc. who owns: the property): John J. Butler and
Grace R. Evans
2. Print Owner/Signing Official (person legally responsible for the property and its compliance)
Name: John J. Butler
Title: Owner
Street address: 518,S. Boylan Ave.
City, State, Zip: Raleigh, NC 27603
Telephone: 919 ),755-0078
Fax: ( )
Contact person who can answer questions about the proposed project:
Name: John J. Butler
Telephone: 919_)_755-0079 (Nome) 618-3057 (cell)
Fax:; ?L._.?......)
Email: [e-mail]
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Project Name (Subdivision, facility, orlestablishment name - consistent with project name on
plans, specifications, letters, operation, and maintenance agreements, etc.):
Butler Property
Version 2: November 2002

5.
)ject Location:
eet address:
y, State, Zip:
unty:
Fairall Drive
-Raleigh, North Carolina
-Wake
tions to site from nearest major interjection (Also, attach an 8 %2 x 11 copy of the USGS
Iraphic map indicating the location ofjthe site):
ram Wade Avenue and Gardner Street. Take Gardner Street south for a few blocks to
Road. Take a left on Mayview Road and immediate right on Fairall (a gravel road).
is part of the undeveloped lot on the left.
m to be impacted by the proposed
2 of river buffer for unnamed tribui
8.
Stream name (for unnamed streams la
Southeast Prong.
Stream classification 1[as identified with
.031;5 (Neu'se) or.03 6 (Tar-Pamlico)]:
Date received.
9. Which of the following permits/approval
this project? NONE
I
activity: No stream impact anticipated. Impact in
y to Southeast Prong.
I as "UT" to. the nearest named stream): UT to
;the Schedule of Classifications 15A NCAC 2B
will be required or have been received already for
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)
3rt 2: Proposed Activity
lease include atta ' ments if the roam provided is insufficient.)
a
Description of proposed activity [Also, lease attach a map of sufficient detail (such as a plat
map or site plan) to accurately delinea a 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 ft2J: _As shown in the accompanying plat, we plan to put in a residential
driveway that will impact 990 square foet of zone 2 river buffer. Grass sod will be placed
along a four foot strip on the creek side of the driveway to filter and spread stormwater. That
will impact another approximately.3651feet of buffer area.
Required: Received:
2. State reasons why this plan for the prbpo
reduced or reconfigured to better minImi2
Variance Request Form, page 2
Version 2: November 20'00
:d activity cannot be practically accomplished,
or eliminate disturbance to the riparian buffers:
T e non buffer area of the lot cannot be accessed from the street except by a driveway
throu h zone 2 of the buffer. The driveway has been designed to go directly along the lot
boundary and cause the least possible impact to the buffer.
3. escription of any best management practices to be used to control impacts associated with
t e proposed activity (i.e., control of runoff from impervious surfaces to provide diffuse flow,
r -planting vegetation or enhancement of existing vegetation, etc.):
_Gr 'ss sod will be placed along a four foot strip on the creek side of the driveway to filter and
spre d stormwater.
4. lease provide an explanation of the following:
1) The practical diffic}'?(ties or hardships that would result from the strict application of this
Rule. This lot would be completely unusable if the Rule was strictly applied because the
only upland (nonbuffer) portion of the lot is only accessibly by a driveway through a section of
the buffer.
Ps i-elf ?I Q t 1b. O?/I ?CIG/a v /"01/ 1,4 b o o la rol moiler -4p
(2) How these difficulties or hardships result from conditions that are unique to the property
involved. The lot Is uniquely configur d with an upland portion that is only accessible with
a residential driveway through the bufferjzone.
(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.
j The lot would be tendered valueless If the upland portion cannot be accessed with a
driveway. I
i
I
art 3:i Deed Restrictions
y your signature in. P?rt 5 of this applicati? n, you certify that all structural stormwater best
anagement practices required by this va?ance shall be located in recorded stormwater
asements, that the easements will run with the land, that the easements cannot be changed or
eleted without concurrence from the State, and that the easements will be recorded prior to the
ale of any lot.
Part 4: Agent A4thorization j
j If you wish to designate submittal authori to another individual or firm so that they may provide
information on your behalf, please complete this section:
Variance Request Form, page 3
Version 2: November 2000
Des' nated agent (individual or firm):
Maili g address:
City, !State, Zip:
L; Tele hone:
4
Fax:
Ema l.•
Pa 5: Applicant's Certification
(print or type name of person
lilt?I in Part I, Item 2), certify that the information included on this permit application form is
Gorr ct, 'that, the project will be constructed in conformance with the approved plans and that the
dee, restrictions in accordance with Part 5 of 'this form will be recorded with all required permit
i con itions.
I
Sig ature:
Dafi . v
Titl ,
i i
I
i
i
i
I
I
I
i
i
I
I
j
Variance Request Form, page 4
Version 2: November 2000
?+-
VIIAKE
.?
MONTY
I of 1
http://imaps. co. wake.nc.us/imaps/printmap.asp?pin=0794846749&pin...

REID: t
I
0320426
BULTER, JOHN J &
OWNER1: GRACE R
ADDR1: 518 S BOYLAN AV
ADDR2: RALEIGH NC 27603
ADDR3:
DEED BOOK: 10904
DEED PAGE: 0139
DEED DATE: 7/1/2004
DEED ACRES: 0.73
BLDG VAL: 0
LAND VAL: 1
BILLING CLASS: INDIVIDUAL
LT 4,GRIFFITH &
:1"1111 01 DESCRIPTION: GRIFFITH
BM 1987-757
MAP NAME: 079416
PIN NUM: 0794846749
PIN EXT:
CITY:
RAL

- PLAN JURIS: RA
,
4 14 Y
TOWNSHIP:
RALEIGH

5r, YEAR BUILT: 0
(I SALEPRICE: 300000
SALEDATE: 7/1/2004
TYPE USE: Vacant
DESIGN STYLE:
UNITS: 0
AnA LAND CLASS: VACANT
OLD PARCEL
NUMBER
D035-00000-0000
:
aft

1ofI
WAKE
1 - 1 T
(:(IUNTY
Parcel Number: 0794846749
Map created on 11/2212004 1:02:25 PM.
Copyright 2003. City of Raleigh, Wake County.

http: //imaps. co. wake. nc.us/imaps/printmap. asp?p in=0794846749&pin...
0?4:1it
REID: 0320426
OWNERI BULTER, JOHN J &
: GRACE R
ADDR1: 518 S BOYLAN AV }
ADDR2: RALEIGH NC 27603
ADDR3: +
DEED BOOK: 10904
DEED PAGE: 0139 i
DEED DATE: 7/1/2004
DEED ACRES: 0.73 j
BLDG VAL: 0
LAND VAL: 1 j
BILLING CLASS: INDIVIDUAL
LT 4,GRIFFITH &
DESCRIPTION: GRIFFITH
BM 1987-757
MAP NAME: 079416
PIN NUM: 0794846749
PIN EXT:
CITY: RAL
PLAN JURIS: RA
TOWNSHIP: RALEIGH
YEAR BUILT: 0
SALEPRICE: 300000
SALEDATE: 7/1/2004
TYPE USE: Vacant
DESIGN STYLE:
UNITS: 0
LAND CLASS: VACANT
OLD PARCEL
NUMBER: D035-00000-0000

...
count Sunu na7 - 032(. 26 http://mswebOl.co.wake.nc.us/realestate/Account.asp?id=0320426&
I
Home Wake County Real Estate Data NM
Account Summary Tax Bills
Real Estate ID 0320426PIN # 0704846749
Account
Location Address Property Description Search
0 FAIRALL DR LT 4,GRIFFITH & GRIFFITH BM1987-757
Hew Search
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(Property Location Address
I,OULTERj JOHN J & GRACE R 518 S BOYLA AV 0 FAIRALL DR

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RALEIGH NC 47603
°RALEIGH NC 00000-0000
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Assessed Value
OI Map/ D0 3540000-0000
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1 079416 Deed Date j 7/1/2004 Land Value $1'
1
VCS 01 RA292 ! Book & Page 10904 0139 Assessed
,
City RALEIGH Revenue Stamps 600.00 Bldg. Value
Fire Dis hict Pkg Sale Date' 7/1/2004 Assessed
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(Permit Date Apt/SC Sqft
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Use/Hist Assessed
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11/22/2004 1:05 P
wnership History - 032 426 http://mswebOl.co.wake.nc.us/realestate/Deeds.asp?id=0320426&cd..'.
Home Wake County Real Estate Data NM
Ownership History Tax Bills
Real Estate ID 0320426PIN # 0794846749
Account
Location Address Property Description Search
0 FAIRALL DR LT 4,GRIFFITH & GRIFFITH BM1987-757
Y Hew Search
AccountlBuiiiclingsl Lead; I Dee ds rM a s I i l Photo l Bill I "ia,=
wner Name Type % Own Stamps Book Page Date fr
Current ULTER, JOHN J & GRACE R ALL 600.00 10904 0139 07.01.2004
..........
1 HARRINGTON, J HAROLD ALL 08041 0181 04-28-1998
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On 08/03.1104
Scale 1 :24,000
Contour Interval 10 ft
0 0.5 1
MILE
0 1000 0 500m 1
FEET KILOMETER
This Flap was printed b+r RS
MAP LOCATION
IN NCRIH CAROLINA
1 Southeast NC'93
1 2-Pavlea4 141,-'93
V,'ake Forest, NC 9_
1 4 Car,;, 14C'93
Raleigh Ud__ NC 93
I1-1--??---' 6. Raleigh East, NC'93
7 Apex N1 93
7 K 9 Lake a l ee. , NC'93
9 Cans IdC'93
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$ 7.95
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6 41152190000 0
l-
DESIGN GROUP
PR OEESSIONAL LIM ITE? IIABI LITY COMPANY
LANDSCAPE ARCHITECTURE
SITE PLANNING & DESIGN
405 E. Six FORKS ROAD
RALEIGH, NORTH CAROLINA 27609
TELEPHONE: [phone] FACSIMILE: 919.833.1 1 16
EMAIL: [e-mail]
CONSULTANTS
SURVEYOR:
SEE NOTE BELOW
SEALS/SIGNATURE AR GTOIV III H I. D J.
Vl K MO A Y . ~ N BAR ,
~ .,........o~~ DEED BOOK 8041, PAGE 181 ; o ;
wi KEL L Y e Y IXNM ~ ,ll~
P/N: 0794.16-84-8902 ~ J f1 - - - PIN: 0794.16 84 8729 _ ~ ; _ ; ~ _ C 150 _
~r s
DEED BOOK 10373, PAGE 390
M N M. FSI~N A Y F RRl
'~~iilllll
w' Al F l III ~e L w R
DEED BOOK 8321 PAGE 2526 ~H o
' : off;. ;
PIN.• 7 4 - - ; o F 0 9 .16 84 8602 _ ~t~=
1147 > - -
Yi
1 '~,,ghiV1 ~ ~ ~ ~~~~lilllll\11\
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1
CL[ENT
•-1 Z'-27 E
S06'- S06 ~
EIP 2 73' ~ 210.
NlP ~o4.s6 ~V ~ a
44.86 I GRE Y lV Y SMI H ~ ~ ~m
DESCRIPTION OF BEST MANAGEMENT PRACTICES ~BMP'S) J /v~.,~ I DEED BOOK 3766 PAGE 85 0
EMPLOYED FOR THIS PROJECT ~I ~ N _ . I PIN: 0794.16-84-7631 ®
_ ~ ~
p,GK - SET~ - _ - - I ~J ~ ,,K _ - ~ o
SODDED 6RA55 FILTER SPREADER .
_ _ - 1 W°
The sodded rays filter s reader is deli d to be four feet wide " ~ ~ ~ ~ ~ ~ o
along the entire creek side edge of the driveway and to evenly spread P
the flow of stormwater and rovide an initial filter of an sedimentation P y F P or ollutants before the stormwater reaches the adjoinin woodlands. i R ~ P ~ ~ ~ ~
p 9 , It will be carefully designed and constructed to be relatively flat along ~ ~
the driveway, with the edge slightly below the driveway edge, so that ~ h ~ ~
stormwater runoff will spread through it into a thin sheet. SINGLE RESIDENCE ~ ~
i BUILDING 51TE ~ ~
~ N ~ ~ ~
BUFFER STRIPS w z ~ ,J C i
N N / The undisturbed buffer strip is wooded with a build up of leaf mulch. It ~
will be left in tact to provide a final buffer for any stormwater runoff. ~ ~ ~ A g
~ ~ JAM MARK H S OT L
a .i ~ / y
I^ Z G A DEED BOOK 8614, PAGE 427 R
i ryl ~ / m w ~I ~ / ~ B w E/P PIN: 0794.16-84-6660
/ CONTAINS o 0 Q~ ~ / ~ N Z G N
~ ~ 4 ~ ~ ' 0.82 AC. o ° I W S ~
~ M i i A B
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+ ,Q ~ 3W ,o w .,g2
~ ~ ~ 17 ~ N ~I
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I Ul ~ ISSUED FOR:
- _Q ElP REVIEW
PORTION OF DRIVE
WITHIN ZONE 2 D' N (990 S.FJ ~ AKIN ISSUED DATE: YN H wA
10112/04 DEED BOOK 4158, PAGE 417
tw ~ u_ PIN.• 0794.16-84-5755 REVIS?oNS:
N0. ITEM DATE
1
1 EI lP 2
E 57.74 3
4
N00'-01 '-38 "E
TOTAL BUFFER AREA At`lD AREA OF BUFFER IMPACT: s
Total Buffer Area on Property: 24,663 square feet s Total Buffer Area Impacted by Driveway: a90 square feet
Total Buffer Area Impacted by Sodded Grass Filter Spreader: 356 square feet e
DRAWING TITLE:
SITE PLAN
50' R W GRA I/EL ROAD ,
~O
SURVEY BY: BYRD SURVEYING
1 12 E. JOHNSTON ST. SMITHFIELD, NC 27577 DRAWN BY:
TEL.: [phone] JH
DATE OF SURVEY: 8-24.2004 CHECKED BY:
RW/FL
SCALE:
1 " = 20'-0"
SHEET NUMBER:
L
OC 2004 LIGGETT DESIGN GROUP PLLC; ALL RIGHTS RESERVED