HomeMy WebLinkAbout20100838 Ver 1_Minor Variance_20101008*KWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Variance Request Form 20 00838
(For Minor and Major Variances)
Protection and Maintenance of Riparian Areas Rules 0 r- T 20,1o
NOTE: This form may be photocopied for use as an original.
OENR-WATER
Check the appropriate box below: h'Etrros'4^?oSTOR;ti?AT RICH
? Major Variance
CY 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
http://h2o.enr.state.nc.us/admin/maps/.)
3""Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B.0233)
Li 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):
(90-11y R, Marti h
2. Print owner/Signing official (person legally responsible for the property and its compliance)
Name: Garr ?, IyGtt.
Title: /mar oPe r 0 bvn e r
Street address: // 3 G o lOlen 7%w Cou r
City, State, Zip: G'q NC 27 r/,9
Telephone: 9 / 9 i 63 - 3 g,t; /
Fax:
3. Contact person who can answer questions about the proposed project:
Version 6: July 2009
Name: q r?w ?. Ae r T;y
Telephone: 1 ) 6*;U - 3801
Fax:
Email: 9Q r?lroD2rTSM4?-?iir e ??ra?? CoM
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: 113 Gr o lae n 7 h4/ CO L4 r f
City, State, Zip:
County:
Latitude/longitude:
6. Date property was purchased: 11-2C- /?? 8
7. Directions to site from nearest major intersection (Attach an 8'/2 x 1
topographic map indicating the location of the site).
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8. Stream to be impacted by the proposed activity:
Stream name (for unnamed streams label as "UT" to the nearest named stream):
UT
9. 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
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 W.:
Variance Request Form, page 2
Version 6 July 2009
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,2. Fill in the table below to identify the square footage of impact to Zones I & 2 in the protected
riparian buffers and the required mitigation (Fill in the impacts portion of the table, even if
mitigation is not required):
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 reconfi ured to better minimize or eliminate disturbance to the riparian buffers:
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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.):
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5. Please provide an explanation of the following:
(1) The practical difficulties or hardships that would result from the strict application of his Rule.
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(2) How these difficulties or hardships result from conditions that are unique to the property
involved. -/ /
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t-e.?oea??ibn v? ?ec?r aNp? Variance Request Form, page 3
Version 6 July 2009
(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.
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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.
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2. Attach a description of how diffuse flow will be maidtained 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)? Attach
a detailed plan for all proposed structural stormwater BMPs.
Drainage Size of Post-development BMP nitrogen6 Final Final
basin drainage nitrogen 6 loading removal nitrogen6 nitrogen6
basin rate without BMPs° effciency5 loading rate loading
(ac) (lbs/ac/yr) (%) (Ibs/ac/yr) from
drainage
basin Ibs
1
2
3
4
S
Totals
Attach calculations and references.
s Attach calculations and references.
6Include 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.pdf
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
et r t (print or type name of person listed in
I, GTa ?, l "(
Part I, Item 2ertify 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.
? r
Signature:
Date: /0 - 8 -/O
Title: f'?r o?e ry e r
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 Form, page 6
Version 6 July 2009
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PHASE 2
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1)- ALL DISTANCES SHOWN ARE HORIZONTAL GROUND MEASURED IN FEET
UNLESS OTHERWISE NOTED.
2)- THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMPLETE
TITLE SEARCH. THE DEED RECORDS SHOWN WERE TAKEN
FROM COUNTY TAX RECORDS.
3)- ALL EASEMENTS ARE CENTERED OVER THE STRUCTURES UNLESS
OTHERWISE NOTED.
4 - AREA COMPUTED BY COORDINATE METHOD.
5 - THIS PROPERTY IS SUBJECT TO ALL EASEMENTS. AGREEMENTS. AND
RIGHTS-OF-WAY OF RECORD.
6)- NO DETERMINATION HAS BEEN MADE BY THE SURVEYOR AS TO THE
EXISTENCE OF WETLANDS, 100 YEAR FLOOD LIMITS, UNDERGROUND UTILITIES,
/ UNDERGROUND STORAGE FACILITIES, CEMETERIES, ETC..
/ 7)- THIS PROPERTY IS NOT LOCATED WITHIN A FEMA SPECIAL FLOOD HAZARD
/ AREA AS SHOWN ON CID370238. PANEL 0744, SUFFIX J. DATED 05104106.
7)- THIS SURVEY WAS PREPARED 11110198. THIS REVISION WAS PREPARED ON
\ 10107110 TO SHOW THE TOWN OF CARY STREAM BUFFER AND OTHER
IMPROVEMENTS.
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NUMBER RADIUS DELTA ARC TANGENT CHORD BEARING CHORD DIST.
Cl 365.00 11'40'09" 74.34 37.30 S 35'51'30"W 74.21
C2 20.00 81' 18'J4" 28.38 17.18 S 70'40'48' W 26.06
C3 51.50 43'31'34 J9.t2 20.56 5 89'3438•'W 38.19
40 0 40 80 120
Scale: 1 40'
HIS 4 WAS DONE IN ACCORDANCE WITH STANDARD SURVEYING PRACjrIYCES. E.O.C.: 12: 10,000.
ALL DISTANCES SF40M ARE HORIZONTAL GhOt(NO MEASURED IN FEET. AREAS COMPUTED BY COORDRNTE5. FILE NAME: 9110
Book of Mops 1997 Vol. Po9e 816 Deed Book $196 Pg. 163 County WAKE
LOT 346 SUBDIVISION PRESTON VILLAGE NORTH, PHASE V
Surv'd: RAC Drawn: CCJ Chk'd: CCJ ob No.: 9110 Dote: 11/10/98 Scale: 1"=40'
COOPER AND ASSOCIATES SURVEY FOR:
P.O. Box 640 600 Pinner Woold Way RICHARD HUGH PEARCE
Morrisville, NC 27560 Cary 101
JILL MARIE PEARCE
Oll;ce - (919) 469-1760 Fox - (919) 469-1141 CEDAR FORK TNSP., WAKE COUNTY NORTH CAROLINA
Riparian Buffer Restoration Planting Plan / Mitigation
Plan
113 Goldenthal Court, Cary, NC 27519
Gary R. Martin
(919) 623-3861
10/8/2010
Plant Types - Flowering Dogwood Trees
Quantity - 4 to 6 as required by NC Div. of Water Quality
Date of Plantings -10/15/2010
Date of One Time Fertilization -11/15/2010 or as prescribed by approved
landscape vendor (Taylor's Nursery, Raleigh)
Proposed location of plants - Shown on plot plan, by red Xs, included.
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VICINITY MAP ,. ,. „ NOTES
•R ALL DISTANCES SHOWN ARE HORIZONTAL GROUND MEASURED IN FEET
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2)- THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A COMPLETE
TITLE SEARCH. THE DEED RECORDS SHOWN WERE TAKEN
0 m FROM COUNTY TAX RECORDS.
3)- ALL EASEMENTS ARE CENTERED OVER THE STRUCTURES UNLESS
OTHERWISE NOTED.
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6)- NO DETERMINATION HAS BEEN MADE BY THE SURVEYOR AS TO THE
195 EXISTENCE OF WETLANDS, 100 YEAR FLOOD LIMITS, UNDERGROUND UTILITIES,
/ UNDERGROUND STORAGE FACILITIES, CEMETERIES. ETC..
/ 7)- THIS PROPERTY IS NOT LOCATED WITHIN A FEW SPECIAL FLOOD HAZARD
/ AREA AS SHOWN ON CIDJ70238, PANEL 0744, SUFFIX J. DATED 05104106.
PRESTON VILLAGE NORTH 1
PHASE 2 I 7)- THIS SURVEY WAS PREPARED 11110198. THIS REVISION WAS PREPARED ON
10107110 TO SHOW THE TOWN OF CARY STREAM BUFFER AND OTHER
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NUMBER RADIUS DELTA ARC TANGENT CHORD BEARING CHORD DIST.
C1 365. DO 11.40'09" 74.34 37.30 S 35"51'30-w 74.21
C2 20.00 81'18'34" 28.38 17.18 S 70'40'48"W 26.06
C3 51.50 4531'34" 39.12 20.56 S 89"34'38"w 38.19
40 0 40 80 120
Scale: 1 40'
I HEREB ER THAT THIS WAS DONE IN ACCORDANCE WITH STANDARD SURVEYING PRAC ICES. E.O.C.: 1> 10,000.
C
SURVEYOR LICENSE NUMBER
ALL DISTANCES SHOWN ARE HORIZONTAL G MEASURED IN FEET. AREAS COMPUTED BY COORDINATES FILE NAME: 9110
Book of Mops 1997 Vol. Poge 816 Deed Book 8196 Pg. 163 County WAKE
LOT 346 SUBDIVISION PRESTON VILLAGE NORTH, PHASE V
Surv'd: RAC Drown: CCJ Chk'd: CCJ ob No.: 9110 Dote: 11/10/98 Scole: 1"=40'
COOPER AND ASSOCIATES SURVEY FOR:
R0. Box 640 800 Pinner Weald Way RICHARD HUGH PEARCE
Morrisville, NC 27560 CaY C'27513 JILL MARIE PEARCE
Office - (919) 469-1760 Fox - (919) 469-1141 I-- - I.- -v rnuNTY NnRTH rARniiw
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