20061949 Ver 1_401 Application_20061206

Environmental Consultants, PA
:Road Raleigh, North Carolina 27b14 Phone: (919) 84b-5900 Fax: (919) 84b-94b7
www.SandEC.com
December 19, 2006
S&EC Project #10535.W1
Department of Environment and Natural Resources
Division of Water Quality
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Reference: Major Variance Request
Brookfield Subdivision, Lot #45
65 Bethany Lane, Youngsville, Franklin County, NC
Dear Mrs. Karoly:
The purpose of this correspondence it to request a Major Variance from theTar-Pamlico River
Riparian Buffer Protection Rule: 2B .0259 (9) (c), on behalf of Mr. Joseph D. Procopio
(homeowner) for the above referenced site.
Previously, you have met with Mr. Procopio on his property for a stream buffer appeal call and
have discussed the potential of a major variance option. On December 5, 2006, Mr. Procopio,
you and I met to further discuss the project and to inform you of Mr. Procopio's intent to move
forward with a request for Major Variance. You indicated that such devices as biodetention or a
rain garden should be utilized to treat and detain the stormwater runoff from the new impervious
surfaces, along with the requirement of riparian buffer restoration and buffer mitigation.
Mr.Procopio has agreed to use a rain garden to treat the runoff from the proposed impervious
area in addition to restoring 20' of Zone 1 within his property boundaries and payment into the
Ecosystem Enhancement Program for the impervious area within Zones 1 & 2 and a 10'
permanently maintained (grassed) side yard closest to the structure. Although final plans for the
stormwater device has not been completed, attached is a Preliminary Design Calculations 8~
Concept Plan showing the approximate size and location for the rain garden.
Project Location
The property is located within Holden Farm Subdivision (formally known as Brookfield
Subdivision), 4th house on the right off Bethany Lane, approximately 0.25 miles north of the
intersection of Cedar Creek Road (SR 1116) and Holding Young Road (SR 1117), 0.5 miles east
of Youngsville, North Carolina. The attached USGS site vicinity map (Figure 1) and the attached
Wake County Soil Survey site vicinity map (Figure 2) depict the location of the property. The total
property is approximately 0.34 acres.
Existing Conditions
The original lot was recorded in Franklin County in April 2000. This lot has been vacant until Mr.
Procopio purchased in September 2005. No impervious surface was existing prior to Mr.
Procopio's construction of this single-family residence.
Proposed Impacts
The property owner wishes to complete his single-family residential structure. Currently, the two
story dwelling exists without a front porch, back porch, driveway, sidewalks or back deck. Figure
Page 1 of 3

Brookfield Subdivision, Lot #45 December 19, 2006
Variance Request Letter S&EC Project #10535.W3
4 shows the footprint of the proposed structure. The proposed impervious surface within Zone 1
is 160 ftZ; the proposed impervious surface within Zone 2 is 814 ft ~ Additionally, there is a 10'
maintained side yard that the applicant would like to keep maintained in grass; this proposed area
is 1,207 ft2. The total requested impacts to the riparian areas are 2,181 ft 2.
Permitting Requirements
This home construction will not result in any fill within jurisdictional waters therefore no 401 or 404
permits will be required. The homeowner has already received his building permit from Franklin
County and is required to comply with their rules and regulations during construction.
Water Quality Improvement
We offer the following with regard to overall water quality treatment associated with this project:
1. Preliminary Design Calculations & Concept Plan for a Rain Garden. This Rain garden is
designed to treat 85% Total Suspended Solids and 35% nitrogen.
2. Riparian Buffer restoration plan that proposes the planting of trees and shrubs within
Zone 1.
3. Payment into the Ecosystem Enhancement Program. Attached is an acceptance letter
accepting riparian buffer mitigation for the impervious surface proposed within Zones 1 &
2 and the proposed 10' maintained side yard (grassed).
Project History
This lot was previously known as lot #45 within Brookfield Subdivision, Phase I. Phase I of this
subdivision received preliminary approvals from the Franklin County Planning Board in March
2000 (see attached). Currently, this subdivision is known as Holden Farms. Mr. Procopio
entered a contract to purchase this lot on August 16, 2005 from Wiggins Farm, LLC. This
property was deeded and recorded to Mr. Procopio on September 15, 2005. Noted on the deed
was °variable width sanitary sewer and drainage easement". Additionally, in September 2005,
Mr. Procopio applied for a building permit through Franklin County. The building permit was
approved and issued by Franklin County on October 10, 2005 (see attached). After some lot
clearing, Mr. Procopio realized that because of the topography of the lot, the driveway would be
better suited on the right side of the structure, rather than the left. Therefore on October 24,
2005, a building permit revision request was submitted to Franklin County changing the location
of the driveway from the left side of the structure to the right.
Construction was started on the structure in December 2005. In February 2006, Mr. Procopio
received a Sedimentation Inspection Report from the North Carolina Department of Environment
and Natural Resources, Land Quality Section (NCDENR-LQS) that required Mr. Procopio to
install sediment and erosion control measures to prevent further sediment loss into the creek. Mr.
Procopio immediately installed the requested measures and continued construction. In March
2006, Mr. Procopio received an additional Sedimentation Inspection Report from the NCDENR-
LQS, this time specifically requesting the installation of a check dam and silt fencing at the ditch
within the western portion of the lot along with repairing and stabilizing this area to prevent
sediment loss into the creek (see attached). Again, by the compliance deadline requested, Mr.
Procopio installed the specific plans as attached to this Sedimentation Inspection Report and
continued construction.
On March 20, 2006, Mr. Procopio received a Notice of Violation (NOV) from the NCDENR-
Division of Water Quality (DWQ) noting a Neuse River Riparian Buffer Violation and the Removal
of Best Usage (see attached). This NOV requested the removal of the residential structure. Mr.
Procopio at that time realized the drainage easement noted on his deed was actually a buffered
stream. Mr. Procopio conducted some research and sent a registered letter to the NCDENR-
DWQstating that this violation was actually a violation of the Tar-Pamlico Riparian Buffer Rules
and that it was his belief that his lot was preliminarily approved prior to the rules established in
January 2000 and that it was his understanding that his lot was "grandfathered", therefore having
Vested Rights.
Page 2 of 3

Brookfield Subdivision, Lot #45 December 19, 2006
Variance Request Letter S&EC Project #10535.W3
On April 17, 2006, the NOV was reissued by the NCDENR-DWQ noting aTar-Pamlico Riparian
Buffer and Removal of Best Usage violation (see attached). Mr. Procopio promptly contacted the
NCDENR-DWQ to discuss his potential "grandfathering", the staff at NCDENR-DWQ forwarded
him to Cyndi Karoly at the 401/Express Permitting Unit. From April 2006 through to present time,
Mr. Procopio has been told by the NC Attorney Generals Office that he does not have Vested
Rights and since then has been working with Cyndi Karoly at the 401/Express Permitting Unit to
move forward with a Major Variance.
In late April-May 2006, Mr. Patrick Young, the Director of Franklin County Planning & Inspections
Department put a "stop work order" on the project until the DWQ issues were resolved.
It was Mr. Procopio's understanding that he had gone through the proper permitting procedures in
constructing his new home, he had applied for his building permits from Franklin County and they
had reviewed and approved his building permit on two occasions. He has since found out that
the drainage easement that bisects his property is actually a buffered stream and he is in violation
of the Tar-Pamlico River Riparian Buffer rules. Mr. Procopio is willing to do whatever it takes to
be in compliance with the NC Division of Water Quality so hopefully he can continue to complete
his home.
If you have any questions concerning this submittal, please do not hesitate to call us.
Sincerely,
Soil 8~ Environmental Consultants, PA
t ~~~ ~'~.
Debbie Edwards
Environmental Specialist
Attachments:
Variance Request Form
Figure 1-USGS Vicinity Map
Figure 2-Wake County Soil Survey Vcinity Map
Figure 3-Aerial Map
Figure 4- Site Plan (Survey for Lot #45, Brookfield Subdivision)
Part 2: Demonstration of Need for a Variance
Photograph's (1-4)
Part 3: Preliminary Design Calculations & Concept Plan for Rain Garden and Riparian Restoration
Evaluation of Total Nitrogen Removal
Nitrogen Export Rate Calculations (Pre & Post & Post w/ Rain Garden)
EEP Acceptance letter (dated 12/12/06)
Brookfield Subdivision-Phase I, Approved Preliminary Plan (dated 3/14/00)
Franklin County Building Permit 15965
Sedimentation Inspection Reports (dated 2/13/06 & 3/13/06)
Notice of violations (dated 3/20/06 8 4/17/06)
Page 3 of 3

OFFICE USE ONLY: Date Received Request #
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
Variance Request Form
Neuse River Basin: Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233)
NOTE: This form maybe photocopied for use as an original.
Part 1: General Information
1. Applicant's name (the corporation, individual, etc. who owns the project):
Imperial Custom Homes. Inc.
2. Print Owner/Signing Official (person legally responsible for the facility and its compliance)
Name: Mr. Joseph D. Procopio Jr.
Title: Brookfield Subdivision Lot #45
Street address: 3200 Wellington Court Suite 115
City, State, Zip: Raleigh, North Carolina 27615
Telephone: [phone]
Fax: [phone]
3. Project Name (Subdivision, facility, or establishment name -consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
Lot 45 Brookfield Subdivision
4. Location of Facility
Street address: 65 Bethany Lane (Lot #45 Brookfield-Phase I)
City, State, Zip: YoungsvilletNorth Carolina 27596
County: Franklin County
Latitude/longitude: 36.0442°N 78.4478°
5. Directions to facility from nearest major intersection (Also attach a map):
Take US 1 north, approximately 1.2 miles past the Wake-Franklin County line. turn right
on Holden Road (SR 1100), continue east through Youngsville approximate~r 0.5 mile
east of Youngsville turn left on Cedar Creek Road (SR 1116), continue northeast
approximately 1.5 miles and turn left on Holding Young Road (SR 1117 turn at your
second right on Bethany Lane, property is the 5~' house on the right.
6. Contact person who can answer questions about the facility:
Name: Mr. Joseph D. Procopio Jr.
Telephone: [phone]
Fax: [phone]
Email: joeimperial(a~bellsouth.net
7. Requested Environmental Management Commission Hearing Date: January, 10 2007
Version 1: September 1998

Part 2: Demonstration of Need for a Variance
NOTE: The variance provision of the Neuse Riparian Area Rule allows the Environmental Management
Commission to grant a variance to an affected party when the following conditions apply on a given project:
(a) practical difficulties or hardships would result from strict application of the rule:
(b) such difficulties or hardships result from conditios which are peculiar to the property involved; and
(c) the general purpose and intent of the Rule would be preserved, water quality would be protected and
substantial justice would be done if the variance were granted.
This part of the application is to explain how the project meets criteria (a) and (b).
~.......... _......... _... _ ~ ~........ _ _ _ _~ ....._....... _ ...... _ _.._._ __ _...__ _ __.i
1. Attach a detailed description (2-3 pages) explaining the following:
• The practical difficulties or hardships that would result from strict application of the Rule.
• How these difficulties or hardships result from conditions that are unique to the property
involved.
• Why reconfiguring and/or reducing the built-upon area to preserve a greater portion of the
riparian area is not feasible on this project. If economic hardship is the major
consideration, then include a specific explanation of the economic hardship and the
proportion of the hardship to the entire value of the project.
Part 3: Water Quality Protection
NOTE. This part of the application is to explain how the project meets criterion (c): the general purpose and
intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if
the variance were granted.
Briefly summarize how water quality will be protected on this project. Also attach a detailed
narrative (1-2 pages) describing the nonstructural and structural measures that will be used
for protecting water quality and reducing nitrogen inputs to surface water.
Attached is the areliminarv design calculations and concept~lan for a rain garden that is
designed to capture stormwater runoff from the roof of the house, sidewalk and the
driveway. The intent of this Best Management Practice (BMP) is to remove 85% of the
Total Suspended Solids (TSS) and 35% of Nitrogen to better protect water quality.
In addition, there is a riparian buffer restoration plan also attached that includes the
restoration from "top of bank" landward 20 feet, this restoration plan includes the planting
clan of trees and shrubs within Zone 1 of the riparian buffer which will add additional
water quality treatment.
2. What is the total project area in acres? 0.34 acres (15,024 ft~
3. Which of the following permits/approvals will be required for this project?
N/A CAMA Major
N/A Sediment/Erosion Control
N/A 401 Certification/404 Permit
Variance Request Form, page 2
Version 1: September 1998

Part 3: Water Quality Protection, continued
4. Complete the following information for each drainage basin. If there are more than two
drainage basins in the project, attach an additional sheet with the information for each basin
provided in the same format as below.
Project Information Drainage Basin 1 Drainage Basin 2
Receiving stream name UT to Brandy Creek N/A
Receiving stream class' 28-29-3-(1), B; NSW N/A
Drainage basin area (total2) 15,024 ft z N/A
Existing impervious area3 (total2) 1,936 ft z N/A
Proposed impervious area3 (total2) N/A N/A
Impervious area3 (on-site) 12.9% N/A
Impervious area3 (total2) 12.9% N/A
Impervious area' Drainage basin 1 Drainage basin 2
On-site buildings 1,008 ft z N/A
On-site streets 928 ft z N/A
On-site parking N/A N/A
On-site sidewalks N/A N/A
Other on-site N/A N/A
Total on-site 1,936 ft z N/A
Off-site N/A N/A
Total 1,936 ft 2 N/A
' The Internet site for this information is http://h2o.enr.state.nc.us/strmclass/alpha/neu.html
2 Total means on-site plus off-site area that drains through the project.
3 Impervious area is defined as the built-upon area including, but not limited to, buildings, parking areas,
sidewalks, gravel areas, etc.
5. How was the off-site impervious area listed above derived?
N/A
6. 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 nitrogen Final nitrogen Final nitrogen
basin drainage nitrogen loading rate removal loading rate loading from
basin without BMPs, efficiency's (lbs/ac/yr) drainage basin
ac Ibs/ac/ r % w/BMP Ibs
1 0.345
lot acrea e 3.75 35%* 2.8 0.9661bs/yr
Totals 0.345 ------ ------ ----- 0.9661bs/
" Attach calculations and references.
s Attach calculations and references.
35% TN removal rate based on efficiencies quoted in the NCDENR-DWQ Updates to stormwater BMP
Removal Efficiencies letter dated September 8, 2004
Variance Request Form, page 3
Version 1: September 1998

Part 3: Water Quality Protection, continued
7. The applicable supplemental form(s) listed below must be attached for each BMP specified:
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-109 Innovative BMPs Supplement
Part 4: Submittal Checklist
A complete appplication 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
Initia
• 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
3, Item 1)
• Calculations supporting nitrogen loading estimates (see Part 3, Item 6)
• Calculations and references supporting nitrogen removal from proposed BMPs
. ~ (see Part 3, Item 6)
T37 Location and details for all proposed structural stormwater BMPs (see Part 3,
Item 6)
• Three copies of the applicable Supplement Form(s) for each BMP and/or
narrative for each innovative BMP (see Part 3, Item 7)
• Three copies of plans and specifications, including:
0 Development/Project name
0 Engineer and firm
0 Legend and north arrow
0 Scale (1" = 100' or 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
T"f~7 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 4
Version 1: September 1998

Part 5: Deed Restrictions
By your signature in Part 7 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 6: 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): Soil & Environmental Consultants PA
Mailing address: 11010 Raven Ridq_e Road
City, State, Zip: Raleigh. North Carolina 27614
Telephone: [phone]
Fax: [phone]
Email: dedwardsCa~sandec.com
Part 7: Applicant's Certification
I, Joseph D. Procopio, Jr. (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: ! ~ 61 r~
Date: '~
Title: ~ L~i~(~^ rx~
Variance Request Form, page 5
Version 1: September 1998

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Project No. Figure 1 -1:24K USGS
10535.W1 Topographic Quadrangl
Project Mgr.: LOt 45 ~ Soil & Environmental Consultants, PA
DE Brookfield Subdivision 11010 Raven Ridge Rd.• Raleigh, NC 27614
Franklin Co., NC (919j 846-5900 - [phone]
Scale: Web Page: www.SandEC.com
1" = 2,000'
Franklinton Quadrangle
12/05/06

IMPERVIOUS SURFACE TABLE SURVEY FOR
HOUSE 1,008 SF.
PATIO 28 S.F.
DPoN=YUY/SIDEWALK 020 S.F.
TOTAL IMPERVId13 ART:A '.~° SF. JOE PROCOPPIO
TOTAL lAT AREA 18,024 S.F.
PERCENTAGE OF IMPERNOUS AREA 1288%
ZONE 1-NEUSE RINK RIPARIAN BUFFER
s~'TR~u Ic~`~naDEdc. 180 s.F. LOT 45, BROOKFIELD SUBDIVISION
10' SIDE YARD BETHANY LANE
TO BE MNNTNNED 7207 S.F.
TOTAL AREA IMPACTED 20NE i- 1,387 s.F. PIN # 1863-35-3596
ZONE 2-NE11SE RINK RIPARIAN BUFFER D.B. 1498, PG. 54
AREA IMPACTED
STRUCTURE, CONCRETE, ETC.. - 814 S.F. M.B. 2DDD, PG. 122
YARD TO BE MNNTARiED - 782 S.F.
YOUNGSVILLE TOWNSHIP
TOTAL AREA INPACTIV ZONE 2= 1,s7B sF.
TOTAL AREA IMPACTED FRANKLIN COUNTY, NORTH CAROLINA
NEUSE RIVER RIPARIAN

BUFFER -
2,3» S.F, DECEMBER 4, 2006
30 15 0 30 60
SCALE 1 "=30'
~~
44 \
I
~- '>~ ~ ~ ~ ~ ~, VARIADLE tWDTH
_ _ I SAWTARY SEWER AN
Inc OiL - - - - - -DRNNAGE EASEMEN'
OPI
VICINITY MAP
LEGEND:
EIP -EXISTING IRON PIPE
EPK -EXISTING PK NAIL
NIP -NEW IRON PIPE SET
R/W -RIGHT OF WAY
CAN -CABLE TV BOX
EB -ELECTRIC BOX
TEL -TELEPHONE PEDESTAL
PP -POWER POLE
OHL -OVERHEAD LINE
LP -LIGHT POLE
WM -WATER METER
CO -SEWER CLEAN-OUT
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LINE TABLE 46 ~ ~?b~'s
LINE LENGTH BEARING
L-1 36.42' N 00'47'14" E
CURVE TABLE /
CURVE RADIUS LENGTH CHORD BEARING
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CAWTHORNE, MOSS

& P AN CI ER A
P
C I DECLARE THAT THIS SURVEY COMPLIES MATH THE Nd2TH
CAROLINA STANDARDS OF PRACTCE FOR SURVEIING,
(sEC11ON 1800) FOR CLASS A SURVEYS AND THAT THE
CALCULATED RATIO OF PREdSION BEFORE ADJUSTMENTS
,
.
. IS 1:10,000+. FURTHERMORE, PROPERTY CORNERS SHOWN
ARE PRIMARY CONTROL MONUMENTAlION FOR THE RE-
E Professional Land Surveyors ESTABLISHMENT OF PROPERTY CORNERS IN THE ABSENCE
OF GRID MONUMENTS AND OTHER SUBDIVISION PROPERTY
239 E. OWen AVe.

Post Office Box 1253
Wake Forest, N.C. 27588
[phone] CORNERS. THIS SURVEY IS NOT TO BE RECORDED WITH-
OUT THE WRITTEN AUTHORIZATION OF THE SURVEYOR.
PROFESSIONAL LAND SURVEYOR L-
IV
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PRELIMINARY DESIGN CALCULATIONS
& CONCEPT PLAN
20061949
RAIN GARDEN DESIGN
FRANKLIN COUNTY, NORTH CAROLINA
Prepared for:
Imperial Custom Homes, Inc.
Youngsville, NC 27596
December, 2006
S&EC Project No. 10535.D1
~~~~1 ~ i liriii
~~~~\'~~ ~ A R ~l~~i~
• ti.7~
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Rebecca S. Wa ~go, P.FY ••~" j 2%I`~s/fib'
NC License No. 03126~~F':cbG1NE~~~4~~
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i~~~FC~A 1 S1`~~~~
Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Cazolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com

Soil & Environmental Consultants, PA
Procopio Property
Project Location
S&EC Project No 10535.D1
December 2006
The project is located within the Town of Youngsville, in Franklin County, NC. The
property is owned by Imperial Custom Homes and consists of approximately 0.34 acres
located on the east side of Bethany Lane approximately 100 feet northeast of the
intersection of Bethany Lane and Holding-Young Road. See Figures 1, 2, and 3.
Storm Water Treatment
Treatment of stormwater runoff has been required by the Division of Water Quality
(DWQ) as part of the permitting requirements for impacts to the existing buffers
associated with this project. A significant portion of the structure and an attached deck
are located within the buffer (Zones 1 and 2). See Figure 3.
The concept plan calls for the construction of a single rain garden to be located on the
property. This rain garden will serve to treat stormwater runoff associated with the
impervious area including roof, sidewalk, and driveway.
Our preliminary evaluation of this feature has included device sizing for the removal of
Total Suspended Solids (TSS) reduction in accordance with generally accepted practice
as outlined in the North Carolina Department of Environment and Natural Resources
(NCDENR), Division of Water Quality (DWQ), Best Management Practices (BMP)
Manual (April 1999) and other applicable references.
Total Suspended Solids (TSS) and Total Nitrogen (TN) Removal
The BMP manual outlines design requirements necessary to meet the pollutant removal
design standard of 85 percent removal of Total Suspended Solids (TSS). Based on the
BMP manual, a rain garden is assumed to have a TSS removal efficiency of 85 percent.
Sized appropriately, a rain garden will meet the removal requirements for the residence
and other site impervious areas.
Constructed properly, rain gardens also contribute significantly to the removal of Total
Nitrogen. According to the Draft BMP Stormwater Manual from the N.C. Division of
Water Quality (DWQ), dated July 2005, and "Updates to Stormwater BMP Efficiencies"
Memo from DWQ, dated September 8, 2004, rain gardens are currently considered to
remove 35 percent of the TN from storm water inflow. And although it is our
understanding that no formal nitrogen removal evaluation is necessary, the use of rain
gardens will clearly provide considerable benefits to the quality of the surface water
reaching the receiving watercourse.
1 of 3

Soil & Environmental Consultants, PA
Procopio Property
Bioretention Area Planning & Design
S&EC Project No 10535.D1
December 2006
Preliminary calculations for the sizing of the total footprint of the rain garden have been
performed. All necessary preliminary storm water design calculations and supporting
documentation are attached.
From available site data provided by Cawthorne, Moss & Panciera, P.C. The rain garden
was sized to treat the rooftop, driveway, and sidewalk runoff. Using the methods
described in the BMP Manual we determined the required surface area for the rain garden
needed to treat site runoff (assuming 7% - no sand bed). Whenever possible, the
minimum length, width, and length to width ratio (and other sizing criteria) as described
in the BMP manual will be met or exceeded during final design.
For planning purposes, we have recommended that the Owner consider a total
construction area of 1.5 times the design surface area footprint required for the proposed
rain garden. This area will be integrated into the site landscaping plan to provide the
desired appearance. We have attached the required DWQ Worksheet for the proposed
rain garden. The following table provides a summary of our preliminary design results:
Total Impervious Weighted Required Rain Recommended
Area Rational Garden Area Construction Area
sq.ft. (ac.) Coefficient (sq. ft.) (sq. ft.)
1,936 (0.044) 0.95 255 383
Based on our previous discussions with the Division of Water Quality, we understand
that once treated for TSS storm water from a rain garden can be discharged directly into
the receiving watercourse (in this case the immediately adjacent stream). However, the
discharge must benon-erosive.
Once approval of this Concept Plan is received and the buffer variance is granted, a Final
Design including detailed Construction Drawings and Technical Specifications will be
prepared. The exact location and dimensions for the rain garden will be described in
detail in the final construction documents. Detailed design of the rain garden to include
but not limited to inflow distribution, treatment soil characteristics, ponding depth, outlet
structure sizing, and feature elevations will be determined during Final Design. Certain
planning assumptions have been made with regard to the collection of impervious area
runoff and the proposed discharge points. These assumptions will be confirmed during
Final Design and, if necessary, plans will be modified to meet regulatory requirements.
An Operations and Maintenance (O&M) Agreement will also be prepared at that time.
2of3

Soil & Environmental Consultants, PA
Procopio Property
List of Attachments and Figures
Attachments:
Preliminary Storm Water Calculations
Division of Water Quality Bioretention Area Worksheet
Figures:
Sheet 1 -Cover, Contents, & Vicinity Map
Sheet 2 -Overall Site Plan
Sheet 3 -Rain Garden Layout & Proposed Buffer Restoration
Sheet 4 -Planting Schedule & Planting Details
S&EC Project No 10535.D1
December 2006
4 pages
1 pages
3 of 3

PROCOPIO PROPERTY -RAIN GARDEN SIZING CALCULATIONS
Project Number: 10535.D1
Rain Garden Sizing
1. Runoff Depth, D = [(P-0.2*S)2]/[(P+0.8*S)], in
P =Precipitation (usually 1 inch)
S = [1000/CN]-10
CN = 98.0
S = 0.2
P = 1 inch
D = 0.791 inch
2. Runoff Volume , VR = A*D, (ft3)
A =Impervious Area (ft2)
D =Runoff depth (in)
A = 1936 ft2
D = 0.791 in
VR = 127.6 ft
3. Bioretention Surface Area , SA = VR/H, (ft2)
VR =Runoff volume (ft3)
H =Average depth of water, (optimal 6 inches)
3
VR = 127.6 ft
H = 6 in
SA = 255.2 ft2
Underdrain Sizing
1. Fill Soil Choice
Nitrogen Removal -Sandy Loam
K= 1 in/hr Soil Type: 12% Fines (Silt+Clay), 82-85% Sand, 3-6% Organic
Other Pollutant Removal -Loamy Sand
K= 2 in/hr Soil Type: 8% Fines (Silt+Clay), 86-90% Sand, 2-4% Organic
K= 1 in/hr
2. Minimum Flow, QMin = K * A*(1/43200), (cfs)
Assumes 4H/L = 1.0
K =Fill soil choice (in/hr)
A =Bioretention surface area (ft2)
K = 1 in/hr
A = 255.2 ft2
QMin = 0.0059 Cfs
3. Design Flow, QD -QMin * FS, (cfs)

QMin =Minimum flow, (cfs)
FS =Factor of safety (range between 2 and 10)
QMin = 0.0059 Cfs
FS = 2
Qo = 0.0118 cfs
4. Pipe Diameter, d = 16"[(Qp*n)/so.s]~sis~ (in)
Qp =Design flow, (cfs)
n = Manning's roughness coefficient
s =internal slope (recommended minumum 0.005 ft/ft)
Qp = 0.0118 cfs
n = 0.011 for smooth wall
s = 0.005 ft/ft
d = 1.51 inches
use d = 2.0 inches
5. Number of Pipes
Equivalent Pipe Diameters
D (in) No. of 4" diam
5.13 2
5.95 3
6.66 4
7.22 5
7.75 6
8.2 7
d = 2.00 inches
# of 4" diameter pipes = 2
Equivalent Pipe Diameters
D (in) No of 6" diam
7.84 2
9.11 3
10.13 4
# of 6" diameter pipes = N/A
Calculating Drawdown
1. Ponded Volume , Vp =Runoff Volume, VR
Vp = 127.6 ft
2. Time to Drain Pondinp Zone , Tp = Vp /QMin (hr)
Vp =Ponded volume, (ft3)

QM;~ =Minimum flow, (cfs)
3
VP = 127.6 ft
QMin = 0.0059 CfS
TP= 21600 seconds
TP = 6.00 hours
3. Volume in Top 24", Surface Volume , Vs = SA"n"2 (ft3)
SA =Surface area, (ftz)
n =Soil drainable porosity (range between 0.25 and 0.50)
SA = 255.2 ft2
n = 0.45
VS = 229.7 ft3
4 Time to Drain Soil Zone , Ts = Vs / QnAim (hr)
VS =Volume in top 24", (ft3)
QM;~ =Minimum flow, (cfs)
3
VS = 229.7 ft
Qtvtin = 0.0059 Cfs
Ts= 38880 seconds
TS = 10.80 hours
5. Total Drawdown Time , Ttota~ = TP + Ts, (hr)
TP =Time to drain ponding zone, (hr)
TS =Time to drain soil zone (hr)
TP = 6.00 hours
TS = 10.80 hours
Ttotai = 16.80 hours
Sizing Overflow Weir
1. 10-near flow, Qio = C*i~o"A, (cfs)
C =Rational Coefficient (range between 0 and 1)
i~o = 10-year intensity, from IDF table, (in/hr)
A =Drainage area, (ft2)
C = 0.340
i~o = 7.21 in/hr
A = 15024 ftz
Quo = 0.853 cfs
total drainage area
2. Length of Weir, LWe1f = Q,o / [CW'`H1~5]

Q,o = 10-year flow, (cfs)
Lweir =Weir coefficient
H =Height of water above weir, typically 2 (in)
Quo = 0.853 cfs
Lweir = 3 for sharp-crested
H = 2 in
Lweir = 4.18 feet
3. Outlet Size
1 side square outlet =Weir Length / 4
Lweir = 4.18 feet
Lweir = 50.15 inches
1 side = 12.54 inches
Square Dimensions:
12.54 x 12.54 inches
use 15 x 15 inches or larger
Sizing Outflow Pipe
1. Outflow Pipe Diameter, Df,,;; = 16'`[(Q~o'`n)/Js]~3~8~, (ft)
Quo = 10-year flow, (cfs)
n = Manning's roughness coefficient
s =internal slope (recommended minumum 0.5%)
Quo = 0.853 cfs
n = 0.011 for smooth wall
s = 0.50%
Df„ii = 7.50 inches
use 8 inches

DWQ Project No.
DIVISION OF WATER QUALITY • BIORETENTION AREA WORKSHEET
I. PROJECT INFORMATION (please complete the following information):
Project Name : F'rt~C ~~c~ ~rf~'DE,~~
Contact Person: b S . )0.r- ~ ~. cPhone Number: (9t`1) d y to - S`I O 0
For projects with multiple basins, specify which basin this wor sheet applies to:
Permanent Pool Elevation TRD ft. (elevation of the orifice invert out)
Temporary Pool Elevation T"$ ~ ft. (elevation of the outlet structure invert in)
Bioretention Surface Area ~5 S sq, ft. Koo?~.- „p a ~ ~ ~ ~ e ,...,h v
Drainage Area !.9 3 ~ ac. -
Impervious Area I ,q 3 L ac. (on-site and off-site drainage to the basin)
Rational C Coefficient 0 . g 3
Size % % f'r % (either 5% in w/sand under drain or 7% in wlo)
Inlet Velocity ~B~ fps
Inlet flow depth `T53~ in
Depth to Ground Water ~D ft.
Planting Soil Infiltration Rate ~~ in./hr. (the soil layer down to 4 feet)
In-Situ Soil Infiltration Rate ~fl in.lhr. (the soil layer below 4 feet or below the sand bed)
II. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a
requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for
additional information and will substantially delay final review and approval of the project.
5~ No vertical sand bed is proposed
The bioretention area is at least 40 feet by 15 feet.
Sheet flow is provided at inlet.
Water table depth is greater than 6 feet.
Minimum of 6" ponding is provided.
The ponded area will draw down in less than 4 days.
1 3D Planting soil infiltration rate is greater than 0.52 in/hr.
The in-situ soil infiltration rate is greater than 0.2 in/hr.
A planting plan with species and densities is provided.
Mulch layer is specified in plans.
Planting soil meets minimum soil specifications (NCDENR stormwater Best Management
Practices Manual, April 1999)
Plan details for the bioretention area provided.
Plan details for the inlet and outlet are provided.
An operation and maintenance agreement signed and notarized by the responsible party is provided.
Please note that underdrains beneath the planting soil are acceptable in the Piedmont and Mountains
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Project Number: Map Title:
0535. D I Figure I - USGS Map
Project Manager:
~~ Procoplo Property ~ Soil & Environmental Consultants, PA
Imperial Custom Homes 11010 Raven Ridge Rd.• Raleigh, NC 27614
Scale: [phone] • [phone]
I ~~ = rjOO' Franklin County, NC Web Page: www.SandECcom
Date: Source:
2/ 14/06 Frankllnton Quadrangle

VICINITY MAP
(U5~5 FRANKLINTON QUAD)
NOT TO SCALE
PRELIMINARY CONCEPT PLAN FOR:
PROCOPIO ~ROPE~TY
RAIN GARDEN ~ BUFFER RESTORATION
FRANKLIN COUNTY, NC
E~1V'i~,0N~1~NTAL D~~IG~J FIRM:
SOIL ~ ENVIRONMENTAL
CONSULTANTS, PA
11010 Raven Ridge Road
Raleigh, NC 27614
(9 19) 846-5900
PREPARED FOR:
IMPERIAL CUSTOM HOMES, INC,
65 Bethany Lane
Youngsville, NC 27596
(9 19) 872-2707
CONTENTS:
COVER, CONTENTS, ~ VICINITY MAP
2, OVERALL SITE PLAN
3. RAIN GARDEN LAYOUT ~ BUFFER RESTORATION
4. PLANTING 5Cf1 EDU LE ~ PLANTI NG DETAILS
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©2006 Sod t Envmonmental Consultants, PA. All n hts reserved.
\\
LL SITE PLAN

NOTE:
\ I . SITE, PROPERTY AND TOPOGRAPHY DATA PROVIDED
BY CAWTHORNE, MO55 4 PANCIERA, P.C. OF
WAKE FOREST, NC.
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SCALE I " = 5'
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PL
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NOTE:
I . SITE, PROPERTY AND TOPOGRAPHY DATA PROVIDED
BY CAWfHORNE, MOSS ~ PANCIERA, P.C. OF
WAKE FOREST, NC.
2. RAIN GARDEN COMPONENTS INCLUDING FOOTPRINT,
LOCATION, DRAINS, ETC. ARE APPROXIMATE AND
SHOWN FOR GRAPHICAL PURPOSES. ACTUAL
CONSTRUCTED CONFIGURATION AND LOCATIONS
MAY CHANGE.
PA. Allrlghtsreserved. RAIN GARDEN LAYOUT ~ PROPOSED BUFFER RESTORATION
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TREES
SPECIES COMMON NAME TOTAL # MINIMUM SIZE REMARKS
Betula nigra River birch 2 3-5 Gal. Placed randomly throughout
Chionanthus virginicus Fringetree 2 3-5 Gal. Placed randomly throughout
SHRUBS
SPECIES COMMON NAME TOTAL # MINIMUM SIZE REMARKS
Calycanthus floridis Sweetshrub 2 I -3 Gal. Placed randomly throughout
Itea virgimca Virginia sweetspire 3 I -3 Gal. Placed randomly throughout
Ilex glabra Inkberry 2 I -3 Gal. Placed randomly throughout
BUFFER RESTORATION PLANTING SCHEDULE
TR EES - I 0-FOOT SPACING
SPECIES COMMON NAME TOTAL # MINIMUM SIZE REMARKS
Corms florida Dogwood 3 3-5 Gal. Plant randomly within first 10' of Zone I
Ceras canadensis Redbud 2 3-5 Gal. Plant randomly within first 10' of Zone I
Platanus occidentalis Sycamore I 3-5 Gal. Plant randomly within first 10' of Zone I
Quercus stellata Post Oak I 3-5 Gal, Plant randomly within first 10' of Zone I
SH RUBS - 8-FOOT SPACING
SPECIES COMMON NAME TOTAL # MINIMUM SIZE REMARKS
Euonymus americanus Hearts-a-Bustin' 4 I -3 Gal. Plant randomly in groups of 2-3 within
second 10' of Zone I
Vaccinium corymbosum Blueberry 4 I -3 Gal. Plant randomly in groups of 2-3 within
second 10' of Zone I
Hamamehs virginiana Witch Hazel 4 I -3 GaL Plant randomly m groups of 2-3 within
second 10' of Zone I
Aroma arubutifoha Red Chokeberry 4 I -3 Gal, Plant randomly m groups of 2-3 within
second 10' of Zone I
~fiT ROO~BE GRSAHDEL BE
CH: (3") AVG. THICKNESS
PREPARED ADMIXTURE
BACKFILL OR NATIVE 501E
TAMPED ADMIXTURE BACKFILL
DECIDUOUS TREE PLANTING -CONTAINERIZED
(NOT TO SCALE)
MULCH 80mm~3")
AVG. THICKNE 5,
NON-BIODEGRADABLE
MATERIAL SHALL BE
TOTALLY REMOVED.
TOPSOIL MI~UREED
TAMPED ADMIXTURE
BACKFILL
SHRUB PLANTING -CONTAINERIZED
(NOT TO SCALE)
NOTES:
I . SUBSTITUTION BASED ON AVAILABILITY ARE ALLOWED WITH APPROVAL OF
ENGINEER.
2. OWNER MAY AUGMENT PLANTING W/SELECT LARGER DIAMETER
SPECIMENS OF LISTED SPECIES TO GAIN DESIRED LANDSCAPE EFFECT.
3. ALL AREAS TO BE STABILIZED WITH BOTH TEMPORARY AND PERMANENT
SEEDING MEASURES,
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Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Faz:[phone]
www.SandEC.com
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To:
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Received by:
(signature)
(printed name)
Time:
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone:; [phone]
Fax: [phone] Fax: [phone]

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Project No. Figure 2 -
10535.W1 Soil Survey Map

Project Mgr.: Lot 45
DE Brookfield Subdivision
Scale: Franklin Co., NC
"
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1
= 2,000
Franklin Soil Survey
12/05/06
j Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.• Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com

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Project No.
10535.Wl
AERIAL
Project Mqr.:
Lot 45
Soil
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1 1 ' •. ■ Rd. - Raleigh,
Franklin Co., NCE
• • 846-5900 • • :t. •4.
Web Pag- •
11
FRANKLIN
1.

Figure 4
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LINE TABLE 46 w P &
LINE LENGTH BEARING / o
L-1 36.42' N 00'47'14" E
CURVE TABLE /

CURVE RADIUS LENGTH CHORD BEARING
C- 1 175.00' 52.51' 52.31' N 09'22
'
59" E
N `
,
C A WTH OR N E
IVI CSS I DECLARE THAT THIS SURVEY COMPLIES WITH THE NORTH
CAROLINA STANDARDS OF PRACTICE FOR SURVEYING
, ,
(SECTION 1600) FOR CLASS A SURVEYS AND THAT THE
8c P A N C I E R A
P
C CALCULATED RATIO OF PRECISION BEFORE ADJUSTMENTS
,
.
, IS 1:10,000+. FURTHERMORE, PROPERTY CORNERS SHOWN
ARE PRIMARY CONTROL MONUMENTATION FOR THE RE-
W E Professional Land Surveyors ESTABLISHMENT OF PROPERTY CORNERS IN THE ABSENCE
OF GRID MONUMENTS AND OTHER SUBDIVISION PROPERTY
239 E
Owen /aVe CORNERS. THIS SURVEY IS NOT TO BE RECORDED WITH-
.
. OUT THE WRITTEN AUTHORIZATION OF THE SURVEYOR.
Post Office Box 1253
Wake Forest, N.C. 27588
S [phone]
PROFESSIONAL LAND SURVEYOR L-

0 40 OHL -OVERHEAD LINE
LP -LIGHT POLE
WM -WATER METER
CO -SEWER CLEAN-OUT
_ - _ - ~ . I I
... I 44 ~
I
- ~ -- - _ ' ~ ~ vARIABLE woTH ~
I SANITARY SEVER AND ~
- - ~ DRAINAGE EASEMENT \ 7'~E 2 i
- L----------- ~--moo.----
NEUSE OVER
EIP 89'12'46" E -- RIPARI 9uFFER 132.34'
4.81' /
(SLEEK EIP ~
- _ O ~
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_ - ~ 2a+~'
IMPERVIOUS SURFACE TABLE SURVEY FOR ~
HOUSE 1,008 SF. -
!~
PATIO
DRIVEWAY/SIDEWALK ZB SF.
920 S.F. ~
SITE
TOTAL IMPERNWS AREA ,,936 S.F. JOE P R O C O P P I O
TOTAL LOT AREA 15,024 S.F. ~
PERCENTAGE OF IMPERNOUS AREA 12.895 ~
~
® ZONE 1-NEUSE RIVER RIPARIAN BUFFER ,emu ~ ry
~
A
D BROOKFIELD SUBDIVISION
LOT 45 ,
~~
STRUCTURE,P
T
IO,DECJ(= i6o s.F. ,
10' SIDE YARD BETHANY LANE ~
TO BE MAINTANED 1207 S.F.
PIN # 1863-35-3596
TOTAL Af~A IMPACTED ZONE 1- 1,x67 s.F.
® ZONE 2-NEUSE RIVER RIPARIAN BUFFER D.B. 1498, PG 54
AREA IMPACTED
STRUCTURE, CONCRETE, Erc.. -
61a sF.
M.B. 2000, PG. 122 VICINITY MAP
YARD TO BE MAINTAINED ~ 782 S.F.
YOUNGSVILLE TOWNSHIP
LEGEND:
TOTAL AREA OAPACTED ZONE 2= 1,576 S.F.
TOTAL AREA IMPACTED FRANKLIN CO., NORTH CAROLINA EIP -EXISTING IRON PIPE
NEUSE RIVER RIPARIAN EPK -EXISTING PK NAIL
BUFFER - 2,943 S.F. DECEMBER 4, 2006 NIP -NEW IRON PIPE SET
R/W -RIGHT OF WAY
GRAPHIC SCALE CATV -CABLE TV BOX
EB -ELECTRIC BOX
1 " = 40' TEL -TELEPHONE PEDESTAL
PP -POWER POLE

Brookfield Subdivision, Lot #45
65 Bethany Lane, Youngsville, NC
Part 2: Demonstration of Need for a Variance
• The Practical difficulties or hardships that would result from the strict
application of the Rule.
The practical difficulties or hardships that would result from the strict
application of the rule would deem this property un-buildable without a
variance from the Tar-Pamlico Rules. A UT to Brandy Creek bisects this 0.34
acre property therefore leaving it only 35% buildable without impacts to the
Tar-Pamlico Riparian Buffer.
Because Mr. Procopio was unaware there was a buffered stream on this
property, he purchased this lot in September 2005. Mr. Procopio then applied
for a building permit though Franklin County to build a single family residence.
A building permit was approved and issued by Franklin County on October
10, 2005 (see attached). Because of existing topography, Mr. Procopio
modified his plan and changed the location of the proposed driveway on his
building plan and re-applied for a building permit though Franklin County on
October 24, 2005. After a second review by Franklin County, Mr. Procopio
was again approved and issued a building permit.
Mr. Procopio started construction in December 2005. Since this time, Mr.
Procopio has received two Sedimentation Inspection Reports from the North
Carolina Department of Environment and Natural Resources, Land Quality
Section and has completed what was requested on both occasions to
stabilize his site. In addition, he has received two Notice of Violation's from
the North Carolina Department of Environment and Natural Resources,
Division of Water Quality, the first noting a "Neuse River Riparian Buffer
Violation" and the second correctly noting a "Tar-Pamlico River Riparian
Buffer Violation". Mr. Procopio is currently working on being in compliance
with the Division of Water Quality by requesting this major variance. Previous
to this major variance request, Mr. Procopio explored his possible "Vested
Rights" by hiring a lawyer and working with the NC Attorney General's office,
however because there was not a site specific development plan showing the
footprint of a home on the original subdivision plan, Mr. Procopio was told by
the NC Attorney General's office that his property was not qualified for vested
rights.
Currently, Franklin County Planning & Inspections Department placed a "stop
work order" on this lot until the Division of Water Quality issues are resolved.
The residential structure is 85% complete with outstanding construction loans;
Mr. Procopio believes that he would not be able to overcome this debt if he is
forced to remove this structure.

Brookfield Subdivision, Lot #45
65 Bethany Lane, Youngsville, NC
• How these difficulties or hardships result from conditions that are unique
to the property involved.
The subject residential lot is 0.34 acres in size that is bisected on the northern
side of the property by a UT to Brandy Creek. In addition, this residential lot
includes a 30' building setback off of the front road (western property boundary),
a 25' setback off the back of lot (eastern property boundary) and a 10' building
setback off the southern side yard. Of this 0.34 acre lot, approximately 65% is
riparian area.
• Why reconfiguring and/or reducing the built-upon area to preserve a
greater portion of the riparian area is not feasible on this project. If
economic hardship is the major consideration, then include a specific
explanation of the economic hardship and the proportion of the hardship to
the entire value of the project.
The partially constructed single family residence is of median range for the
existing neighborhood, however small enough to still have a marketable property.
This residence includes a 24' x 40' two story framed dwelling which includes a
two car garage, a 6' x 8' front stoop, a 4'x 8' back patio and a 14' x 14' raised
back deck. Because this structure is 85% built out, reconfiguring the built-upon
area is not feasible. However, if Mr. Procopio had known about the Tar-Pamlico
Riparian Buffers, reconfiguring the existing structure would have still required a
variance from the Tar-Pamlico Riparian Buffer Rules. If he were to reconfigure
the structure to the southeast corner of the lot, the front of the structure would
have been approximately 100+ feet from the front property line, which would not
have been in harmony with the existing neighborhood. If he were to reconfigure
the structure to the south of the lot, because of existing topography, the structure
would have been pushed into a topographic constraint which could of caused
water/moisture problems with the structure (see photo of southem side of
property).
In addition, again because this structure is 85% built out, reducing the built-upon
area is difficult. There is an existing back door which leads to the proposed
patio, an additional existing back door from the garage which leads to the
proposed back sidewalk and connects to the proposed patio and the existing
French doors which lead to the proposed elevated, wood slatted deck (see photo
of back of house). Furthermore, there is an existing front door which leads to a
proposed front stoop and the proposed front sidewalk that will connect to the
proposed driveway (see photo of front of house).

View of front of house at 65 Bethany Lane (Lot #45, Brookfield)

View of back of incomplete house, 65 Bethany Lane (Lot #45,
Brookfield)

Southern side of property showing existing topography, pink
flags furthest to the right is the property line, pink flags between
property line and house is the 10' side yard setback.

View of structure within the riparian buffer, buffered stream to
the left of photo.

Evaluation of Total Nitrogen Removal
Prior to construction, storm water runoff from the site (including wooded areas, cleared
areas, in addition to select nearby streets and other impervious areas) was discharged
(overland) directly into the existing stream channel. For the purpose of our evaluation of
Total Nitrogen (TN) loading we have compared the existing (and future) conditions
(including the construction of the proposed Rain Garden) to the conditions which existed
on site prior to the construction of the existing residence. For the purpose of our
evaluation we have had to make some assumptions regarding pre-existing conditions as
the impacts in question have disturbed the site and no clear record ofpre-existing site
conditions are available. The following section describes our evaluation of Total
Nitrogen export from the site.
As described in the Preliminary Design Calculations & Concept Plan for the proposed
Rain Garden (bioretention area) we have sized the proposed device to provide treatment
for runoff from the existing impervious area on the property. These impervious surfaces
include roofs, sidewalks, and driveway amounting to an approximate total area of 0.044
acres. Current plans call for runoff from these surfaces to be diverted into the proposed
Rain Garden however a significant portion of additional surrounding drainage will also
be routed into this device. For this reason we have sized the outflow (riser/barrel system)
to accommodate the discharges associated with the total contributing drainage.
Our evaluation of Total Nitrogen removal is based on currently accepted removal
standards described in the Updates to NCDENR - DWQ Stormwater BMP Efficiencies
letter dated September 8, 2004. According to the letter a Rain Garden (bioretention area)
is assumed to remove an estimated 35 percent of the Total Nitrogen if sized correctly.
Based on this removal percentage we have evaluated the proposed site conditions.
Our evaluation of the previously existing site conditions estimated that for the existing lot
area of approximately 0.345 acres a Total Nitrogen (TN) Export Rate of 1.201bs./ac./yr.
would be expected. This rate is based on the conservative assumption that most if not all
of this drainage area would be categorized as Permanently Protected Managed Open
Space. Obviously this rate is well below the desired removal threshold of 3.61bs./ac./yr.
for TN Export Assuming the previously existing buffers were left undisturbed and were
fully functioning it is possible to assume an additiona130 percent TN removal due to
buffer treatment thereby resulting in a TN Export Rate of approximately 0.84 lbs./ac./yr.
for the pre-existing site conditions.
We then calculated the expectant TN Export Rate for the proposed conditions
recognizing that all of our lot area (0.345 acres) will be directed to the proposed Rain
Garden, and once treated, direct discharged to the stream. In this case this runoff would
receive little, if any additional treatment from the existing (or restored) buffer. For the
proposed conditions only approximately 0.301 acres of the 0.345 acre drainage area
would continue to remain as Permanently Protected Managed Open Space. The
remaining area (approximately 0.044 acres) would be Impervious Surfaces. From these

proportions we can then calculate a combined TN Export Rate of 2.80 lbs./ac./yr.
including a 35 percent reduction of TN based on the treatment provided by the Rain
Garden. Obviously this rate is also well below the desired removal threshold of 3.6
lbs./ac./yr.
While such a comparison is not by any means exact due to the nature of the site
conditions including drainage patterns, slopes, and pre-disturbance and current land uses,
it does allow us to make conservative comparisons ofpre-disturbance and current
conditions. The calculated current conditions TN Export Rate of 2.81bs./ac./yr. is well
below the 6.0 lbs./ac./yr. TN Export threshold above which a residential property owner
is required to provide treatment (BMP installation) for the removal of TN. Accordingly
based on the treatment provided by proposed Rain Garden it is our opinion that a
significant water quality value will be realized through its installation.

Nitrogen Export Rate Calculations: PRE-DEVELOPMENT CONDITIONS
Method 2
Quantifying TN Export from Residential /Industrial /Commercial Developments
when Footprint of all Impervious Surfaces are Shown
Calculation Steps:
Step 1 Determine area for each type of land use and enter in in Column (2).
Step 2 Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3 Multiply the areas in Column (2) by the TN export coefficients in Column (3) and enter in Column (4).
Step 4 Total the TN exports for each type of land use and enter at the bottom of Column (4).
Step 5 Determine the export coefficient by dividing the total TN export from uses at the
bottom of Column (4) by the total area at the bottom of Column (2).
Column #
(1) (2) (3) (4)
Type of Area TN Export TN Export
Land Cover (acres) Coeff. from Use
lbs./ac./ r. lbs./ r.
Peranently Protected Undisturbed 0.000 0.60 0.00
Open Space (forest, unmown meadow)
Permanently Protected Managed 0,345 1.20 0.41
Open Space (grass, landscaping, etc.)
Impervious Surfaces (roads, parking, O.OOtJ 21.20 0.00
lots, driveways, roofs, paved storage
areas, etc.)
TOTAL 0.35 0.41
Total Nitrogen Export Coefficient = 1,2Q lbs./ac./yr.
NOTE: If TN export rate is greater than 10.0 lbs./ac./yr. then a BMP must be installed
to remove enough Nitrogen to bring the TN export rate below 3.6 lbs./ac./yr.

Nitrogen Export Rate CaICUIatIOnS: POST-DEVELOPMENT CONDITIONS
Method 2
Quantifying TN Export from Residential /Industrial /Commercial Developments
when Footprint of all Impervious Surfaces are Shown
Calculation Steps:
Step 1 Determine area for each type of land use and enter in in Column (2).
Step 2 Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3 Multiply the areas in Column (2) by the TN export coefficients in Column (3) and enter in Column (4).
Step 4 Total the TN exports for each type of land use and enter at the bottom of Column (4).
Step 5 Determine the export coefficient by dividing the total TN export from uses at the
bottom of Column (4) by the total area at the bottom of Column (2).
Column #
(1) (2) (3) (4)
Type of Area TN Export TN Export
Land Cover (acres) Coeff. from Use
lbs./ac./ r. lbs./ r.
Peranently Protected Undisturbed 0.000 0.60 0.00
Open Space (forest, unmown meadow)
Permanently Protected Managed 0.301 1.20 0.36
Open Space (grass, landscaping, etc.)
Impervious Surfaces (roads, parking, 0.044 21.20 0.93
lots, driveways, roofs, paved storage
areas, etc.)
TOTAL 0.35 1.29
Total Nitrogen Export Coefficient = 3.75 lbs./ac./yr.
NOTE: If TN export rate is greater than 10.0 lbs./ac./yr. then a BMP must be installed
to remove enough Nitrogen to bring the TN export rate below 3.6 lbs./ac./yr.

Nitrogen Export Rate Calculations: POST-DEVELOPMENT CONDITIONS
W/ RAIN GARDEN TREATMENT
Method 2
Quantifying TN Export from Residential /Industrial /Commercial Developments
when Footprint of all Impervious Surfaces are Shown
Calculation Steps:
Step 1 Determine area for each type of land use and enter in in Column (2).
Step 2 Total the areas for each type of land use and enter at the bottom of Column (2).
Step 3 Multiply the areas in Column (2) by the TN export coefficients in Column (3) and enter in Column (4).
Step 4 Total the TN exports for each type of land use and enter at the bottom of Column (4).
Step 5 Determine the export coefficient by dividing the total TN export from uses at the
bottom of Column (4) by the total area at the bottom of Column (2).
Column #
(1) (2) (3) (4)
Type of Area TN Export TN Export
Land Cover (acres) Coeff. from Use
lbs./ac./ r. Ibs.l r.
Peranently Protected Undisturbed 0,000 0.60 0.00
Open Space (forest, unmown meadow)
Permanently Protected Managed 0.301 1.20 0.36
Open Space (grass, landscaping, etc.)
Impervious Surfaces (roads, parking, 0.044 21.20 0.93
lots, driveways, roofs, paved storage w/ 35% Removal 0.61
areas, etc.)
TOTAL 0.35 0.97
Total Nitrogen Export Coefficient = 2.80 - lbs./ac./yr.
NOTE: If TN export rate is greater than 10.0 tbs./ac./yr. then a BMP must be installed
to remove enough Nitrogen to bring the TN export rate below 3.6 lbs./ac./yr.

- .. ... ........... ...- ..--- --- -- --. _.... -----...i - - -~ ~L~111 ---~---- ----- .----.._.
.~11~~.. , ~ ~~11~I1~
PROGRAM
December 12, 2006
Jce Procopio, Jr.
3200 Wellington Court„ Ste. 115
Raleigh, NC 27615
Project: Brooldield Subdivision, Lot 45 County: 1}anklin
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for siz months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NCEEP. Once NCEEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followin table.
River Basin Stream Impacts (feet) Wetlands Impacts {acres) Buffer I Buffer II
CU (Sq. Ft.) (Sq. Ft.)
Cold Cool Warm Ri avian Non-Ri avian Coastal Marsh
Tar-Pamlico 0 0 0 0 0 0 1,367 814
03020101
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:l mitigation-to-impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio}. The type and amount of the
compensatory mitigation will be as specified in the Section 404 Permit and/or 40I Water Qualify Certification, and/or
LAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C.
Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely, ~i
.nom ~ . `-~~~~ry`~
liam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Eric Kulz, DWQ- Raleigh
Debbie Edwazds, agent
File
RP.stoYit2~... ~ ... Prot Ou.Y .~tat~
~{CD~E~IR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919.715-0476 / www.nceep.net

~~
~ ~~~~~~~~~1ZJ~~
~~~
BUILDING. INSPECTIONS 496-2281
ENVIRONMENTAL HEALTH 496-8100
NOTE: IT IS UNLAWFUL TO OCCUPY OR TO PERMIT THE OCCUPANCY OF ANY BUILDING
FOR WHICH A CERTIFICATE OF COMPLIANCE HAS NOT BEEN ISSUED.
.Permit No. ~~-. ~ _ - Date A '~ ~ ' _ General ~~~ ~ -~ ~ ~ ` ~` ~c r ;?~~ ~~ ~w
AddIeSS 11 ~ r%~e_ '~~t,~ ~ ~~-r~.~ EleCtrlCal ~~;~ ~ ~~~e=t ~ ~a~
:Subdivision ~~,rt.~, ~-,, ,i ' ~ Lot ~ ~ Mechanical 'ti~~" _
r Plumbing I'~< <~ ~-.~
BUILDING MECHANICAL
Footing ' `~ ~ ~ ~ ~ U f ~~~ r S/~ /~ Underground Work
Deck Footing ^-~~ Rough-in
Slab _ ~ ~- ~-- Gas Test (R/I)
Foundation / Flo Final
~?Vaterproofing Gas Test (Final)
Framing
Final
ELECTRICAL NER
.Slab
.Temp. Pole Q i ~ Y' ~ 1 • ~ Wall ~'~~~ ~, / ~~~~~,~, j
Underground Work Final
Rough-in
Final
PLUMBING
Port-a=jon ~N- ` 13
Underground work ~ J~`~'
Rough-in
Septic Connection-
Final.. ~ '.
=;
GENERAL NOTES
1. POST IN CONSPICUOUS LOCATION.
2. DO NOT REMOVE OR DEFACE CARD.
3. ALL TRADES WILT, BE INSPECTED ATONE TIME. SINGLE TRADE
INSPECTIONS ARE NOT PERFORMED.
4. NO WORK TO BE COVERED-PRIOR TO INSPECTION.
., ,-

~:~,+~: ~`K:~!'4+itc.a",~.L~+WtL •R~-~+.:w+i+Yfr,YMu'r.,°"°n'!^."_.-...--+-r--- - . ' L -_ -
I
IVtJLfL!'f.(:lYICVL.[IVII LGClI[Cl (Y1GL~1'V[':{i[~I,lL~~
LA1VD,~CIAI.I7YSEC770N.• 3800 Barrio Drtve' 1628 Marl S
County ~ Project: • t
`Person Fln dally esponsible• '
Address: ~ a +•
e- Pictures: o ffJ~Ye
1. Project Location
2. Weather and Soil Conditions ~
3. Is sift currently undo notice of violation? Yes ^ No
4. Is the site in compliance with the S.P.C.A. and tharules? Ye
' S. Violations:
O a. No approved plan, G.S.113A-57(4) and 15A NCAC 04B.0107(c)
^ b. Failure to follow approved.plan, G.S.113A-61.1
^ c Failure to submit revised plan, G.S.113A-54.1(b) and
15A NCAC 04B.0118(a)
^ d. Failure to provide adequate groundcover, G.S.113A-57(3) and
~15A NCAC 04B:0107(b) or 15A NCAC 04B.0124(e)
e. Insui3'icient measures to retain sediment on site, G.S.113A-57(3)
-~ D £ Failure to take all reasonable measures, lSA/NCAC 04B.0105
Cast #
u~[.Ctntcr, letgb, NG27699.-1 8 (919J 571-4700 ~
lD' /~~iverBasin ~-K/I~I•.~S t
1
~~ { - Protect #
rT ~ Q '
rE ,iy; < - 6~-
;,~ 3 " Prints I] $lidcs ^ Digital ^
I No ~ If no, check violations below:
g: Inadequate buffet zone, G.S.113A-57(1)
h: `Graded slopes and fills too steep, G.S.113A-57(2)
or 15A NCAC 04B.0124(d)
i. Unprotected exposed slopes, G.S.113A-57(2)
j`.` `Failure to maintain erosion control measures,
15A NCAC 04B.0113
k Other (describe)
6. Potential NPDES Permit Violation? Yes No D Describe `` _
`. 7. Has sedimen d since Iast^inon? Yes ^ ;'If yes, where? (check all that,apply): No ^ tJ ~ 1 ~
L natural waterco on the tract t]I' Lalce/natural watercourse off the tract ^ Other property ^ ~~ _~ t
Description: ~
Degree of damage: Slight Moderate ^ Severe ^
8. Contact made with (Name) Title
Inspection Report given ^ or sent to Person Financially Responsible Date given/sent - -
9. Corrective actions needed:
a .P Ca l

~:e ~ a
Report by ~ ~ ( r`l ~ Others present
Date of Inspection: ~ ~ I ~ (Jl~ Time arriving at site: f ~ ~ ,~~ Time leaving site: _ j r I ) -
Video ^
cc:

-•-„~ ,
Case #
a
~ • ' • • •
NORTH CAROI.IIVADEPARTMENT OFENVIRONMENTAND NATURAL. RESOURCES
-• QU/lLI7YSECTION.• 3800 Barrett Drive, 1628 Mail Service Ceit Rafngb, NC 27699-1628 [phone]
County ;,,i_r . ~ i . F"~ _ Project '~~ `,{~~~% 1 ~ i i }~' t~ ,,~ ~'t' ~ l ~~ ~r~r (..I2~~"River Basin ')Jf.f -)•~c:,.~, -?f t : ~; - '%
Person Financially~Responsrbler- ~;~~~}f'r ~ E ' ~.l -~. ~:lr~o-~ti 1-it~'rst' '•~ i• Project#
Address: s%~ ~_'' c.:r;"~ t t ~ y,3 i.~)tr ~~ ~ C~1 /_" fit- .~.) ( ,~"7 `~S'~ ~~
1. Project Location tr . _ tie' 1 y' ,.. t1 ~, Pictures: No ^ Yes ~ Prints ^ Slides. ^ Di ital ^ Video ^
2. Weather and Soil Conditions ~~ ~ (lii / C~~.j~=.} E u lr }~i-N .
3. Is site currently under notice of violatio~ Yes ^ No ~ ~
4. Is the site in compliance with the S.P.C.A. and the rules? Yes ^ No Q•'~ If no, check violations below:
5. Violations:
^ a. No approved plan, G.S.113A-57(4) and 15A NCAC 04B.0107(c) ^ g. Inadequate buffer zone, G.S.113A-57(1)
^ b. Failure to follow approved plan, G.S.113A-61.1 ^ h. Graded slopes and fills too steep,. G.S.113A-57(2)
^ c. Failure to submit revised plan, G.S.113A-54.1(6) and or15A NCAC 04B.0124(d)
15A NCAC 04B.0118(a) ^ i. Urjprotected exposed slopes, G.S.113A-57(2)
^ d. Failure to provide adequate groundcover, G.S.113A-57(3) and ^ j. Failure to maintain erosion control measures,
r 15A NCAC 04B.0107(b) or 15A NCAC 04B.0124(e) 15A NCAC 04B.0113
~~. Insufficient measures to retain sediment on site, G.S. 113A-57(3) ^ k. Other (describe)
L'd'f. Failure to take all reasonable measures, l5 NCAC 04B.0105
6. Potential NPDES Permit Violation? Yes ~ No ^ Describe
7. Has sedimentation damage occurred since last i ection? Yes If yes, where? (check all that apply): No ^
Lakelnatural watercourse on the tract Laken tural watercourse off the tract ^ Other property ^
+' l- , r
Description: a +~F*r ''`° .tom :~ r1 ~-~-~ , ~.~:t~ I i~ ~a f ~ r'_
Degree of damage: Slight ©"'~ Moderate Severe ^
8. Contact made with (Name)
Inspection Report given ^ or sent © to Person Financially Responsible
9. Corrective actions needed:
~.
Title
Date given/sent h" `Z ~ ~' A(,[~
-.
~ ..~ '
r. ~ .. ~(
10. Comments:
,T %1 -i J .
1 , fl ~ ~ - ~ l~ ,, ."~ .,~„- /~~ (_ 4 r'' i/ 1. ~ ~ ~
__ ,_ ~ ~ r
i 3 ( j r ! v' ~.C ~ ~., ~ ~ - ~ is ~ ~ ~ .~# .' ~ - < ~r t`~ Gf S i) f ~~~ ~` l ~ f '% r,,.. ' j
`i~ ~ ; ~~
~ _....,-.r-_..
Report by: ii.,i.}.,} ' j~I fi. ~ Others present
Date of Inspection: ~ i -~, - ~ ~ ('. Time arriving at site: ~i " ~ ; ~ Time leaving site: ~ ~ ~ ~1 _ _ __

_ ~~;
,,. ,,, -- - -- s .. - -

<<,., ~ -The distance such that pgints
_. A and B are of equal eleva>~on
A
e

is
• a channel so that the crest of downstream dani.is atelevation of the toe of upstream dam.
,5.83a Space check ~~ in
xrt.! . ='
E;E ~ _ .(Tse 4 to 15-inch swne (N•C D~p~'_ent of Transportation class 1 or class
~Sf .: ~
'? B erosron control stone).
Key the stone into the ditch flanks and exfrom overflow around the dam
minimum of 18 inches to avoid washouts
Construction 1. Place stone to the lines and dimensions shown in the plan on a filter fabric
foundation.
Specifications round level
2. Keep the center stone section at least 9 inches below natural g
where the dam abuts the channel banks.
3. Extend stone at least 1.5 ft beyond the ditch banks (Figure 6.83b) to keep
overflow water from undercutting the dam as it re-enters the channel.
4. Set spacing between dams to assure that the elevation at the top of the lower
dam is the same as the toe elevation of the upper dam.
5, protect the channel downstream from the ~ ractice 6. 1,, Out[e Stab--izarhon
water will flow over and around the dam (p
Structure)-
6. Make sure that the channel reach above the most upstream dam is stable.
7. Ensure that channel a~ppna enao blockage from displaced stoneselow check
dams, are not subject to g
' enance Inspect check dams and channels for;damage after each runoff event.
Malnt
Anticipate submergence and deposition above the check dam and eroston from
high flows around the edges of the dam. Correct all damage immltdre tin that
significant erosion occurs between dams, install a protective riprap
portion of the channel (Practice 6.31, Riprap-lined and Paved Channels).
Remove sediment accumulated behind the dams:as needed to prevent damage
to channel vegetation, allow the channel to draiq.through the stone check dam,
revent lar e [lows from carrying sediment 'over the dam. Add stones to
and p g
dams as needed to maintain design height and cross section.
Rev. 12F)3
6.832

11 '
~~ 'f r~ ~~ ~ i ~ ~ ~ d c~ ~~, 4y sy -~~ -
~` ii i ~~ ~ i. nx ".~+`. it~~~ ~ kn t ~,~".n ~ sAt
r ~
r AGM . ~ .' ' ~ f e.: ti4 ~:,~ ~~^~. iv1'icfia~l F. Easley, Go'vcmor ..
..
. .. ... -
'"f k ~ ~~ ~`~ ~r'G :n ~ -:
~ ., ~~~~~ ! ~ , ` rxT '~ , ' - . ~llham G. Ross Jr ,$ecre
T
~, ~ ~ ... ,
- ,, ~ a S L ~ ' ' ~ - ~ry~N ~`rtn-ent of Eavubniricnt and Natural "Reno
~;Q ~: a ~} ~ 'y Alan W. Klimek, P.E: Director
~' ~" ~ Division of Water Quality
„ <~
~, ~..~
.~ ~,ar ~~ ~, ~~, March'20, 2006
~(SER~'TRIED ~VhAII.. , , x Y
. .~~tRE~EC-EIPT~REQTJESTED - ~ ~"~
~~~_~_ Y4 ~ r~~ r z,.
.r, Mr 'JoeProcopio ~,~'~' 7`
4,~Impenal. Homes ' ~'.,.., ` "
~; 3200 Wellington Court ~ _ ~,;, ; ~ ~ -
;Suite:115 '~
.Raleigh, NC 27615 ~ ~` >> ; ; _ '
:z
«f{ _ "
tt
Subject: NOTICE~~OF-VIO ON
~.
Brookefie`I'~d"Subd~'vlslgti, Lot45 - Youngsville, NC
Neuse River Ripat~.atl' duffer Violation
" Removal of Best L#sage;
Franklin County
Dear Mr: Procopio
On March 13, 2005, "Mike Horan and Vicki Fuentes. f>;9m the Division of Water Quality (DWQ) and Gabi
Jones from the Division of Land Resources (DLR); Raleigh Regional Office, visited the subject-lot regarding
.constriction activities. _ Construction activities. on the" subj eut lot; ld"cated at Bethany Lane in Youngsville, NC,
occulted prior to the DWQ/DLR site isit, and include the :clearing and grading of the lot as well as the unfinished
-construction of a single family dwelling. Mr. Horan and Ivis. Fuentes documented site conditions and noted
riparian buffer and stream impacts to an=unnamed tn'butaryao Little, River immediately adjacent to lot 45.
~,
:~; Based on a, revlew:of DWQ files, we have not.`idenhfiedrany Pre-Construction Notification or any buffer
authorization or permtt~frbm the Division of Water Qu~lltfor~thes'e-impacts.' As a result of the site inspections
.and filereview,~the followingviolations were noted: °.,~ "_"
1J Neuse River Riparian Buffer Violations ,
2) Removal of Best Usage.
Item I. Neuse River Riparian Buffer Violation
,~.
The .Neuse River Basin-is ubject to riparian (streamside) :buffed rules designed to protect and preserve
npartan buffers m the Neuse River Basin Buffer.rules bei to maintain-the nutrient removal functions of the
~stre~mstdeareas_necessuy to protect-~torth li waters. Specifically, this Rule;:applies to the 50-
.~Qaf~d~tfnpa~lansbuffer directly ad1a~ent to: rnuttentstreams, pereniual.streams, lakes, ponds,
~atu~ies) _ =,~~~
.~. ~~~ --~t~~
"'The prt%tected riparian buffer has two zones (aJ; Zune~~(hi'easu~ed frb~m stream bank landward for 30-feet)
~_ ~ ~~.
shall consist of a;vegetated area that is_undisturbed°eX~~~~uses ~rp~ded for in Subparagraph (6) of 15A
y NCAC;2B:0233,`and (b) Zone 2 (the'outer"20 feet, landward~f~om e deter 30`foot edge of Zone 1) shall consist
r "of stable vegetated area that is undistui-bed except for activities "an ~~~froviied for in Subparagraphs (4) and
(~ of 1SANCAC 2B.0233. ,- ,,t ;
_ ~ ~'
. ~ _r
..,
~:^
~ ~.a
:- orally,,
3 ~ ~
dFt~ P { 2 a
North Caro~ma Division of Water Quality 1617 Mail ScrnceCen lYy~tgh;N'C 27699 1617 "Phone [phone] Customer Service
f~,~ntemet.~9wtivw ncw~t~quality p~~ • Locatton 12 N_~S ~iS ei 'tNC 276041 "t Fa~c_ [phone] I-877-623-6748
w
``~t'~ { ~ ' ~~ An E u n Afli'° mta~ve ~ 10 EP Consumer Paper i

. f
r,
Vegetation has been removed from the streamside riparian. zoo
located at the subject, property and continues for approximately 93
violation of the requizementthatZone land Zone 2 of the riparian
undisturbed except for: activities .and uses provided for in Item (6) ~
Alternative Requestwas received priorxo the riparian zone impact;
. In addition,; an excavated%xocled area next to the road :crossing
sediment and evidence of erosion were observed in both Zone 1 an
that diffuse flow through the buffer: was not being maintained.
Item II. Preclusion of Best Usage
A DWQ site visit confirmed that approximately SO linear feet c
tributary to Little River (WS-II, HQW, NSW), in the Neuse River l
to 12 inches were observed at several locations within the stream c
(2), the preclusion of best usage, which include aquatic life propag,
recreation, and agriculture represent a water quality standard violat
Requested Response
a 3
r
~
_.
~
, ~ t
, ~
`Jf wvif
'
y~
K hS Y~~~

~'_t r~s.F~`-s
Q v's~ ~ r
.. .. v~ ,
.t
~' ~from£ b$~thany Lane culvert
..45 Y,,. .....
4clz ~l constitutes a
of ~ ` ~,~vegetated area that is
~;~ w~ request or Practical
;i; r t,-
t ~ ~
+~ 'the litffer .fo the stream, and
F ~~~~the buffer'in this azea, indicating
, ~ , n.
z
;`
~-~`, ~~-
~ Ti
t~l
F~
stream impacts has occurred to an unnamed
isit3 Sediment accumulations ranging from 3
uinel: According to 15A NCAC 2B .0211
ion, biological integrity, wildlife, secondary
The DWQ, Raleigh Regional Office, requests that you respond~to this letter in writing within 20 days of
receiving this notice. Please submit the items listed below to both this office at the letterhead address and to the
attention of Mr. Danny Smith at the NC Division of Water Qualityx Non-Point Source Assistance and Compliance
Oversight Unit, 1617 Mail Service Center, Raleigh NC, 27699-1617.
1. Please explain why these impacts occurred without prior authorization and provide any and all relevant,
documented information for the subject property.
2. You are asked to restore the 50-foot riparian buffer zone. ')`he unf`mished single family dwelling must be
removed and the buffer restored or properly authorized by the Division of Water Quality.
3. .Prior to any restoration'efforts, aplan should be submitted to both the Raleigh Regional Office and to Mr.
Danny Smith at the NC Division of Water Quality, Non-Point Source Assistance and Compliance
Oversight Unit (see address above). The submittal should include the following:
a) Plans to avoid any further stream impacts to the site. Please include an inventory of the sediment
accumulations within the stream channel and a detailed>.site plan (scaled at: 1 inch equals 100 feet or
1 inch equals 50 feet). The site plan should show the ajnounf and location of stream and riparian zone
impacts and the total square footage of any and all structures and impervious surfaces. Also, the site
plan hould depict the stream channel, any wetlands present in the azea of concern, all fill material,
the wood/tree line; adjacent property lines, nearby roa~ways, culverts, 'and any other significant
structures.. You ace encouraged to secure a consultant j~ assist you with your plan development,
permit, certification and the.authorization necessary ac~jieve compliance.
b) A riparian buffer restoration plan. Plans must be deve~ped and implemented in order to ensure that
at least two native tree species be planted at a density ff`icent to provide 32Q trees per acre at
maturity. -This density is usually achieved by planting afpprtucimately 436 trees/acre on a 10 x 10 ft.
grid or 681 trees/acre on a 8 x 8 ft. grid. Please see the~ttacled t guidelines for Riparian BufJ`er
Restoration (January 2001) for assistance in developing your plan: Your plan.must include the types
of native woody vegetation selected, planting methodo~ogy,::and ~a site map. indicating the location of
the replanting efforts and the specific location of the rrp~aru~ areato be restored Your plan should
include a detailed schedule with dates explaining whecfi~~he kesfor~tion will be accomplished and
provisions for periodic. monitoring of the riparian zone.`to ensure~that the vegetation is established and
no gullies or rills have formed.

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CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joe Procopio
Imperial Homes
3200 Wellington Court
Suite 115
Raleigh, NC 27615
,y'~~ ~~~~ r,, Michael F. Easley, Governor
e(V~ ~~ William G. Ross 1r., Secretary
No Carolina Departm t Environment and Natural Resources
~L, f V`- ~ ~ Alan W. Klimek, P.E. Director
Division of Water Quality
~) ~ Apri] 17, 2006 ~ ,,~/~
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Subject: RE-ISSUANCE of NOTICE OF VIOLATION
Brookefield Subdivision, Lot 45 - Youngsville, NC
Tar-Pamlico Riparian Buffer Violation
Removal of Best Usage
Franklin County
Dear Mr. Procopio:
The following Notice of Violation is being re-issued to correct an error in the identification of the basin in
which your property is located.
On March 13; 2005, Mike Horan and Vicki Fuentes from the Division of Water Quality (DWQ) and Gabi
Jones from the Division of Land Resources (DLR), Raleigh Regional Office, visited the subject lot regarding
construction activities. Construction activities on the subject lot, located at Bethany Lane in Youngsville, NC,
occurred prior to the DWQ/DLR site visit, and include the clearing and grading of the lot as well as the unfinished
construction of a single family dwelling. Mr. Horan and Ms. Fuentes documented site conditions and noted
riparian buffer and stream impacts to an unnamed tributary to Brandy Creek.
Based on a review of DWQ files, we have not identified any Pre-Construction Notification or any buffer
authorization or permit from the Division of Water Quality for these impacts. As a result of the site inspections
and file review, the following violations were noted:
1) Tar-Pamlico River Riparian Buffer Violations
2) Removal of Best Usage.
Item I. Tar-Pamlico River Riparian Buffer Violation
The Tar-Pamlico River Basin is subject to riparian (streamside) buffer rules designed to protect and preserve
riparian buffers in the Tar-Pamlico River Basiri. Buffer rules help to maintain the nutrient removal functions of
the streamside areas necessary to protect Nort} Carolina's surface waters. Specifically, this Rule applies to the
50-foot wide riparian buffer directly adjacent to surface waters (intermittent streams, perennial streams, lakes,
ponds, and estuaries).
The protected riparian buffer has two zone's: (a) Zone 1 (measured from stream bank landward for 30 feet)
shall consist of a vegetated area that is undisturbed except for uses provided for in Subparagraph (6) of 15A
NCAC 2B.0233, and (b) Zone 2 (the outer. 20 feet, landward from the outer 30 foot edge of Zone 1) shall consist
of stable vegetated area that is undisturbed except for activities and uses provided for in Subparagraphs (4) and
(6) of 15A NCAC 2B.0233.
Noy` Carolina
,11~aturnlly
North Carolina Division of Water Quality 1617 MaitService Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: wwu~.ncwaterquality.org Location; 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal OpportunitylAffirmatiJe Action Employer - 50% Recycledll0% Post Consumer Paper

.,
Vegetation has been removed from the streamside riparian zone beginning from the Bethany Lane culvert
located at the subject property and continues for approximately 93 linear feet. Such removal constitutes a
violation of the requirement that Zone 1 and Zone 2 of the riparian buffer consist of a stable, vegetated area that is
undisturbed except for activities and usesprov~ded for in Item (6) of the Rule. No variance request or Practical
Alternative Request was received prior to the riparian zone impacts.
In addition, an excavated/eroded area next to the road crossing leads through the buffer to the stream, and
sediment and evidence of erosion were observed in both Zone 1 and Zone 2 of the buffer in this area, indicating
that diffuse flow through the buffer was not being maintained.
Item II. Preclusion of Best Usage
A DWQ site visit confirmed that approximately 50 linear feet of stream impacts has occurred to the unnamed
tributary to Brandy Creek. Sediment accumulations ranging from 3 to 12 inches were observed at several
locations within the stream channel. According to 15A NCAC 2B .0211 (2), the preclusion of best usage, which
include aquatic life propagation, biological integrity, wildlife, secondary recreation, and agriculture represent a
water quality standard violation.
Requested Response
The DWQ, Raleigh Regional Office, requests that you respond to this letter in writing within 20 days of
receiving this notice. Please submit the items listed below to both this office at the letterhead address and to the
attention of Mr. Danny Smith at the NC Division of Water Quality, Non-Point Source Assistance and Compliance
Oversight Unit, 1617 Mail Service Center, Raleigh NC, 27699-1617.
1. Please explain why these impacts occurred without prior authorization and provide any and all relevant,
documented information for the subject property.
2. You are asked to restore the 50-foot riparian buffer zone. The unfinished single familYdwelling must be
rem ved and the buffer restored or properly authorized bx,t.~i.~_Diy_is~cttt o~,W~,a1:re.~Qua.1i..,,.,
3. Prior to any restoration efforts, a plan should be submitted to both the Raleigh Regional Office and to Mr.
Danny Smith at the NC Division of Water Quality, Non-Point Source Assistance and Compliance
Oversight Unit (see address above). The submittal should include the following:
a) Plans to avoid any further stream impacts to the site. Please include an inventory of the sediment
accumulations within the stream channel and a detailed site plan (scaled at: 1 inch equals 100 feet or
1 inch equals 50 feet). The site plan should show the amount and location of stream and riparian zone
impacts and the total square footage of any and all structures and impervious surfaces. Also, the site
plan should depict the stream channel, any wetlands present in the area of concern, all fill material,
the wood/tree line, adjacent property lines, nearby roadways, culverts, and any other significant
structures. You are encouraged tv'secure a consultant to assist you with your plan development,
permit, certification and the authoj~ization necessary achieve compliance.
b) A riparian buffer restoration plan. Plans must be developed and implemented in order to ensure that
at least two native tree species be planted at a density sufficient to provide 320 trees per acre at
maturity. This density is usually achieved by planting approximately 436 trees/acre on a 10 x 10 ft.
grid or 681 trees/acre on a 8 x 8 fC grid. Please see the attached Guidelines for Riparian Buffer
Restoration (January 2001) for assistance in developing your plan. Your plan must include the types
of native woody vegetation selected, planting methodology, and a site map indicating the location of
the replanting efforts and-the ~pec~fic location of the riparian area to be restored Your plan should
include a detailed schedule with d;~tes explaining when the restoration will be accomplished and
provisions for periodic monitorin~of the riparian zone to ensure that the vegetation is established and
no gullies or rills have formed.

..~ _ •
Thank you for your attention to this matter. This Office is considering sending a recommendation for
enforcement to the Director of the Division of Water Quality regarding these issues and any future/continued
violations that may be encountered. Your response to this correspondence, as requested above, will be considered
in this process. This office requires that the violations, as detailed above, be abated immediately. These
violations and any future violations are subject to civil penalty assessment of up to $25,000.00 per day for each
violation. Should you have any questions regarding this Notice of Violation, please contact Vicki Fuentes at
[phone]. ~~
Si
Acting Water Quality Regional Supervisor
cc: DWQ Wetlands and Stormwater Branch
Danny Smith - DWQ NPS Assistance and Compliance Oversight Unit
RRO -File Copy
Central Files
Patrick Young, Franklin County Planning and Inspections; 215 East Nash Street; Louisburg, NC
27549
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